Policies and Procedures (H-1B)
H-1B is an “employment-based” status which allows foreign nationals to come to the U.S, specifically for the purpose of working and being paid in a position that is considered to be a “specialty occupation” (requiring a bachelors degree or higher degree in the field of interest).
Prior to hiring an individual who will be in H-1B status, it is the employer’s (Emory’s) responsibility to file a petition to USCIS (United States Citizenship and Immigration Service) who will ultimately decide if the proposed employment is approved or denied. Detailed documentation is presented about the employer, the position, the salary, the employee, and the employee’s work history. Primarily, the department will determine if the H-1B is the appropriate visa to request on behalf of the scholar. All the information will be reviewed by ISSS to determine eligibility for the H-1B employment:
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Length of time in and dates of previous H-1B status
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Length of time outside the U.S. between H-1B employment
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Current visa status, if already in the U.S.
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Possible J visa history
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Possible subjectivity to the two-year home residence requirement as a J
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Highest degree earned (Bachelors degree or higher is required for an H-1B specialty occupation.)
Steps for Obtaining H-1B Employment at Emory
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Obtain an official offer for the position from the Emory department.
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Provide the following information to the Emory department:
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Completed H-1B Employee Information Form
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Copy of passport ID page and any renewal pages (and passport ID pages for dependents, if applicable)
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Copies of any documents showing previous U.S. visa history: (I-94 card, Forms I-20, DS-2019, I-797, etc.)
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Updated resume or curriculum vitae
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Copies of diplomas and/or transcripts indicating degree(s) earned, plus English translation
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Credential Evaluation is recommended for educational documents from countries having different systems, grading scales, etc. from foreign universities.
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Maintain communication with the departmental administrator to facilitate the process.
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Department will request the H-1B petition to be filed on your behalf.
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ISSS will review, finish processing the request and file the petition to USCIS.
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Wait for official notification from USCIS. Depending on the type of request, further instructions will be provided from ISSS to the department and to the employee.
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Read ISSS’s website for Pre-Arrival Information for new scholars.