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NEW! New International Employee Orientation Evaluation
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H-1B Visa Information |
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The H-1B visa classification is a temporary employment in a “specialty occupation”. A “specialty occupation” is one traditionally requiring a minimum of a bachelors’ degree is a specialized field. To qualify for H-1B status the offered job must require a minimum of a bachelors’ degree or higher in a specific field and the prospective employee must hold the required degree (or foreign equivalent). See H-1B Visa Process Checklist for detailed requirements. Applications for H-1B visa classification are prepared and submitted to U.S. Citizenship and Immigration Services (USCIS) by the UTMB Office of International Affairs. Only staff of The Office of Diversity & International Affairs may sign H-1B petitions as representatives of UTMB as employer. Before completed applications are submitted to the USCIS, certain information and documentation from the Texas Workforce Commission and U.S. Department of Labor must be requested and received by the Office of International Affairs. Processing time within each of these three governmental agencies varies and may change without notice. For this reason, initiation of H-1B petitions by employing departments should occur no later than six months before the intended date of employment. MAXIMUM DURATION H-1B status may be requested in increments of up to three years, up to a maximum total of six years. Recent USCIS regulations permit extensions, in twelve month increments, beyond the maximum six years for individuals who have filed an alien labor certification, employment-based immigrant petition (Form I-140), and/or application for adjustment of status (Form I-485) and have been waiting for approval for 365 days or longer. DEPENDENTS Immediate dependents (spouse and/or children) of an H-1B visa-holder qualify for H-4 status. Individuals holding H-4 visa status are not eligible to work under any circumstances. They may attend school, and may qualify for H-1B status in their own right provided a U.S. employer offers a job in a “specialty occupation” and agrees to sponsor them for H-1B status. OTHER IMPORTANT INFORMATION H-1B visa status is “employer and job specific”. This means it is valid only for the employer that sponsored the H-1B petition and for the specific offered position. Changes of employer (including of employing department within UTMB) and/or job requirements, duties or salary may require filing and approval of a new H-1B petition. In some cases, a change of visa classification may also be required. Consult the Office of International Affairs contact person for your employing department well in advance of any such change. MEDICAL DOCTORS Strict controls for “alien physicians” apply. Individuals holding foreign degrees medical degrees must agree to “incidental patient contact” only when working at UTMB. Those offered positions requiring clinical patient care must meet additional requirements (See H-1B Clinical Checklist). Special Rules for Health Care Workers - details about the "Visa Screen" requirement for nurses, physical therapists, occupational therapists, speech-language pathologists, medical technologists, medical technicians, and physician assistants. Pre-Arrival Data Sheet - Must be completed by all foreign nationals seeking visas status for UTMB employment and provided to prospective UTMB supervisor who will forward it to the Office of International Affairs with the visa request. Clinical H-1B Visa Process Checklist UTMB Policy on Premium Processing UTMB Policy on H-1B Portability
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