Generally speaking, H-1Bs are permitted a maximum stay of six years in the U.S. Initial appointments may not exceed three years; a minimum stay at Case Western Reserve University is one year, although requests for three years are highly encouraged, when possible.
There are many significant differences between the H-1B visa and the J-1 visa for researchers, including professors. The most appropriate status will be determined on a case-by-case basis. Review a comparison of H-1B and J-1 visas.
Employers who terminate the employment of an H-1B before the period of authorized stay expires are liable for paying reasonable cost for the H-1B to return to their home country.
How to Complete an Appointment
- Call or make an appointment with the Office of Immigration and Human Resource Services (IHRS) to discuss the prospective appointment as soon as possible; be prepared to provide a job description, minimum education and experience requirements along with a proposed salary. Please be aware that the Recommendation for Appointment of Foreign Visitor–H-1B form, Letter of Appointment/Hire, Information Needed from Foreign Visitor, I-129 Rider form, filing fees and all supporting documentation should be received by the IHRS office at least four months in advance of a new appointment in order to ensure timely filing of the application.
- Reconcile any salary differences that may have occurred as a result of the Prevailing Wage Determination. Employers are required to pay at least the prevailing wage for this geographic area as set by the U.S. Department of Labor.
- Send the prospective employee the Information Needed from Foreign Visitor (H-1B) and I-129 Rider forms along with the List of Required Documents.
- Fill out the Recommendation for Appointment of Temporary Worker (H-1B) form and send it to your department chairman, budget director, and Dean’s office. Each of them is required to sign the form. The Dean’s office will issue a letter of appointment/hire, which should be sent to IHRS along with the signed Recommendation form. The appointment letter should include department, complete position title (e.g., Research Assistant III, Engineer I, etc.), inclusive dates of appointment and salary. Faculty appointment letters should include a Board of Trustees contingency clause. Please send us original copies of both letter and form.
- Request the Actual Wage Worksheet and Actual Wage Memorandum be completed by Compensation, and then forwarded to IHRS for the public access file.
- Obtain a CWRU check(s) for all applicable filing fees. If Premium Processing with USCIS is requested, add a separate University check for $1,225 (payable to: “U.S. Department of Homeland Security”).
- Post the Labor Condition Application in your offices for ten consecutive business days. Once completed, please mail the original posting to our office at Crawford Hall, Suite 320, for the public access file.
- Recommendation for Appointment of Temporary Worker (H-1B, Specialty Occupations)
- Information Needed from a Foreign Visitor (H-1B)
- Rider to Form I-129 (H-1B petition)
- I-539, Instructions and link to Application To Extend/Change Nonimmigrant Status
If you have any further questions about the process you may contact Office of Immigration and Human Resource Services.