**UCONN Hiring Departments - You will need to register your NetID with OGC to get access to the H-1B packet. Beneficiaries will not need a NetID to access their portion of the packet. To register with OGC please contact firstname.lastname@example.org.
The information on these pages has been prepared for the use of the University of Connecticut (UConn), its international employees and their hiring departments and is for general information only. It does NOT constitute legal advice. Please contact the Office of the General Counsel for appropriate advice and guidance regarding your specific international employment situation. Each prospective employee’s circumstances are unique. Any advice or course of action must be tailored to the individual employee’s circumstances and the University department’s needs. Also note that immigration laws may have changed since this information was compiled. Therefore it is in your best interest to obtain the most updated information from OGC to make an appropriate decision for your case.
The H-1B is a nonimmigrant classification used by a foreign national who will be employed temporarily as a professional in a specialty occupation. A specialty occupation is one that requires a specialized body of knowledge and usually requires at least a bachelor’s degree to enter the profession. The employer is responsible for petitioning the United States Citizenship and Immigration Services (USCIS) to obtain permission to hire a particular foreign employee for a particular position. An employee cannot obtain H-1B status on his or her own.
Any petition for H-1B status must meet minimum criteria:
- The salary offered to the beneficiary must be at or higher than the prevailing wage rate determined via a method compliant with the DOL regulations.
- The beneficiary will work in a position that requires, at a minimum, a bachelor’s degree or equivalent in a specific field of study in which to successfully perform the job duties of the position.
- The beneficiary must hold the required bachelor’s degree or higher degree of education in a field of study relevant to the position.
The H-1B status is employer-specific and job-specific. This means that a new H-1B petition must be filed before an employee can move from one employer to another (including a similar position with a different hiring department) or change from one job to another (e.g. different position within the same department or in a different department) while working for UConn. Changes in the position title, duties, or salary may also require a new H-1B petition. An amendment must be filed before the change in employment occurs. An H-1B nonimmigrant may work for more than one employer, but only if each employer files a separate H-1B petition covering the sponsored employment.
H-1B duration is a maximum of 6 years (granted in increments of up to 3 years). A foreign national may begin another six-year period as an H-1B nonimmigrant professional after the individual has spent at least one year outside the United States. Limited exceptions allowing H-1B extension beyond the 6-year maximum are also possible if the foreign national has reached certain benchmarks in an employment-based immigrant petition or permanent residency process.
H-1B nonimmigrants are given an I-94 Arrival/Departure Record upon entry into the U.S. or attached to their H-1B Approval Notice if H-1B status was obtained through a change or extension of status in the U.S. These I-94 Arrival/Departure Records should be marked "H-1B" and list an expiration date (as opposed to the D/S usually marked on F-1 and J-1 records). Note that the expiration date on the I-94 Arrival/Departure Record designates the expiration of lawful status in the U.S. H-1B nonimmigrants must take steps to extend or change their status to remain in the U.S. beyond the date on the most recently-issued I-94 Arrival/Departure Record.
If H-1B employment is terminated for any reason before the H-1B petition end date, the hiring department MUST notify OGC of the termination. UConn is obligated to report the termination to USCIS and DOL. Failure to do so results in an obligation to continue to pay the terminated employee.