Office of International Affairs

Office of International Affairs

H-1B Temporary Workers

An H-1B allows you to come to the United States to work for up to 6 years in a "specialty occupation" for a designated employer. A specialty occupation is defined as an occupation which requires at least a bachelor's degree in a specific field. Persons subject to the 212(e) 2-year residence requirement are not eligible for a H-1B until the 2-year requirement is met or a waiver of the requirement is obtained.

Download information packets and forms on O2.

For current employees and students, check out our site on O2

It is possible to have multiple or concurrent employers. However, each employer is required to have an approved H-1B petition for you.

You may begin employment with a new employer upon the filing of the H-1B petition without having to wait for approval of the petition. In order to be eligible for the portability provisions you must meet the following requirements:

  • Be in H-1B status
  • Be in lawful nonimmigrant status
  • Have only engaged in authorized employment
  • Your new employer must have submitted a non-frivolous petition before the expiration of your current authorized stay

H-1B visas are limited to 65,000 with an additional 20,000 for those with a U.S. master's degrees or higher. Some employers like OHSU (i.e. institutions of higher education) are exempt from the cap.

You should apply for a H-1B visa at the U.S. consulate or embassy with jurisdiction over your place of residence. You must include the following documents with your application for a H-1B visa:

The U.S. Embassy website will provide you with information on applying for a visa at U.S. consulates around the world. You will want to be familiar with the rules and procedures of issuing visas before you apply for yours. Since visa procedures vary depending on what consulate you go to it is recommended that you check the above web-site for the procedures at the U.S. consulate you plan on going to.

When you arrive at the U.S. port of entry you must present the documents listed below to the immigration official:

  • A passport that is valid for at least 6 months past the expiration date of your H-1B petition (unless you are exempt from the passport requirement). If you present a passport that is valid for less than 6 months past your H-1B petition validity date, you may only receive an admission in H-1B status until the date your passport expires.
  • A valid H-1B visa (unless you are exempt from the visa requirement, i.e. Canadian citizens)
  • USCIS Form I-797B: H-1B approval notice
  • A full copy of the H-1B petition submitted to USCIS: You are not required to submit this to the immigration official at the time of entry but it is recommended that you carry it with you just in case the officer wants to look at it.
  • Form I-94: The immigration official will stamp your passport with your date of entry and status. You can then go to the I-94 website to print your arrival/departure record with your status information and expiration date. If you come via a land port-of-entry crossing you will still receive a paper-based I-94 which will have your status and expiration date. The Form I-94/entry stamp should be marked H-1B and have a period of validity the same as the expiration date of your H-1B approval notice. If you notice that the I-94 or entry stamp is incorrect, ask the immigration officer at the border to correct it. If you notice the mistake after you've gone through immigration, contact the Department of immigration Services at OHSU so we can help you get it corrected.

U.S. law requires that you carry your immigration paperwork on you at all times. It is highly recommended that you carry the following documents with you when you travel domestically or internationally:

  • A copy of your H-1B approval notice (I-797B) or the original if you are traveling internationally. You can borrow the I-797B for travel by contacting the Department of Immigration Services
  • A full copy of the H-1B petition submitted to USCIS
  • Your passport
  • A valid visa (if reentering from abroad, unless traveling to Canada or Mexico for less than 30 days)
  • A letter from the Department of Immigration Services verifying your current status
  • Your I-94 record (if reentering the United States from a trip abroad you will receive a new I-94, unless you are reentering from Canada or Mexico after a trip of less than 30 days)

Trips to Canada and Mexico

You may reenter the United States without a valid visa after a trip of less than 30 days to Canada or Mexico. In order to take advantage of this provision you must be maintaining valid H-1B status, have a valid passport (unless exempt from passport requirements), have a current H-1B approval notice (I-797B), and have a valid I-94.

Citizens of Iran, Syria, Sudan and Cuba are not eligible for visa revalidation and must obtain a new visa in order to reenter the U.S.

Please be aware that if you travel to Canada or Mexico to apply for a new visa you will not be able to reenter the U.S. under the revalidation provisions stated above if your visa application is denied by the consulate for any reason.

Airport transit visa requirements for countries in the European Union

France, Austria, Belgium, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Luxembourg, Netherlands, Norway, Portugal, Spain and Sweden are now requiring that nationals from several countries including India obtain "airport transit visas" for connecting flights. If you are from one of the designated countries you are required to obtain the airport transit visa even if you will not be leaving the airport under certain circumstances. 

Get more information about the airport transit visa requirements.

Please check with the embassies of the countries you will be landing in before you leave the U.S. to determine whether or not you will need an airport transit visa.

View a list of embassies around the world.

Spouses or unmarried children (under 21 years of age) may accompany you to the United States or join you at a later date in the United States. Dependent family members will be given H-4 status. Nonimmigrants in H-4 status are NOT allowed to work in the United States. However, they may attend school either part-time or full-time. 

A dependent of a H-1B will need the following documents to apply for a H-4 visa:

  • Your H-1B petition approval notice or USCIS Form I-797B
  • A complete copy of your H-1B petition and supporting documents filed with USCIS
  • Copies of your immigration documents (if currently in the U.S.): visa, passport biography and extension pages and your I-94 record
  • A letter from the Department of Immigration Services verifying your status
  • Evidence of financial support to meet expenses
  • Marriage certificate or birth certificate
  • Passport valid for at least 6 months
  • Form DS-160 (Nonimmigrant Visa Application)
  • Photograph: Must meet Department of State's requirements
  • Machine Readable Visa (MRV) surcharge fee
  • Visa Reciprocity Fee (if applicable)

The U.S. Embassy website will provide you with information on applying for a H-4 visa at U.S. consulates around the world. You will want to be familiar with the rules and procedures of issuing visas before your dependents apply for visas. Since visa procedures vary depending on what consulate you go to it is recommended that you check the site for the procedures at the U.S. consulate where your dependents plan on applying for visas.

Disclaimer: The information provided on this website is not legal advice. It is your responsibility to know and abide by the immigration regulations that apply to you.