H-1B Specialty Occupation
City of Hope® offers eligible positions and individuals an H-1B visa sponsorship. City of Hope's International Students and Scholars Office (ISSO) reviews and assesses each position for eligibility on a case-by-case basis as part of the recruitment process. Those interested in obtaining H-1B sponsorship from City of Hope can request an assessment from ISSO during the recruitment process.
Eligibility
H-1B is a nonimmigrant visa that allows U.S. employers to employ foreign nationals in specialty occupations, such as professors, clinical professors or research professors (including assistant or associate positions), nurse practitioners, physical therapists, physicists, postdoctoral fellows, research associates or staff scientists. Other professional positions may also be eligible if they require highly specialized knowledge and a bachelor’s degree or higher in a specific field. The applicant must also have the exact degree required. If the position requires any state license, registration or certification in California, the applicant must already meet the requirement at the time of the petition filing.
Positions requiring a high school or associate degree as the minimum education are not eligible for H-1B even if the applicant has a bachelor's degree or higher. The following also may not be viewed as highly specialized by the H-1B definition: Positions requiring a bachelor’s degree or higher without a specific field, positions allowing experience substitution to a bachelor’s degree and positions requiring a bachelor’s degree or higher in various, unrelated fields. The H-1B visa is considered an employment-based visa; therefore, individuals not considered City of Hope employees will not be eligible.
H-1B and H-4 dependent visa holders may immigrate to the U.S. and pursue U.S. permanent residency (green card), but the process may be complex and take several years to complete. City of Hope provides green card sponsorship to employees. ISSO assesses green card eligibility on a case-by-case basis.
How to Obtain an H-1B
H-1B Petition Approval (Form I-797)
As a petition-based visa, an H-1B visa process always begins with a petition filing with the U.S. Citizenship and Immigration Services (USCIS). Once a formal job offer is fully executed, City of Hope works with H-1B applicants to prepare the petition documents to submit to USCIS. The average case preparation takes about six weeks. USCIS will then review and decide on the H-1B petition, which takes additional time.
The overall H-1B petition processing to secure the H-1B petition approval (Form I-797), including City of Hope’s petition preparation and USCIS decision processing, ranges from 10 weeks (with premium processing) to six months (with regular processing).
Each H-1B petition can be approved for up to three years of validity. The maximum time one can hold an H-1B is six years in total.
For Applicants Coming From Abroad
The estimated overall H-1B processing time (including H-1B petition processing within the U.S. and the visa application processing overseas) is typically four to six months with premium processing. How long this process will take depends on where the applicant comes from, how quickly he or she can secure a visa interview and whether or not additional administrative processing is required.
- Form I-797 and visa application (DS-160). Once USCIS approves the H-1B petition, City of Hope sends the H-1B petition approval notice (Form I-797) via email to the applicant who uses the form to apply for an H-1B visa (DS-160 application) with the local U.S. embassy or consulate.
- Visa interview. Scheduling for appointments varies depending on the U.S. embassy or consulate location. Check wait times online. Applicants may be subject to additional administrative processing after the interview and before the visa can be issued. Typically, this takes three to six weeks, but in rare cases, it might take longer than three months. Unfortunately, there is no expedited option.
- Traveling to the U.S. Once approved, H-1B visa holders can travel to the U.S. as soon as 10 days before the I-797 start date. City of Hope strongly encourages arrival as quickly as possible for onboarding or clearance processing. Please inform City of Hope’s International Students and Scholars Office of your arrival plan.
- Form I-94 record retrieval. Form I-94 admission number or record is an important document that serves as evidence of legal and valid immigration status in the U.S. Upon arrival to the U.S., H-1B visa holders should retrieve the Form I-94, review it for accuracy and keep it on file for the duration of stay.
For Applicants Changing Employers Within the U.S.
H-1B visa holders under the sponsorship of another institution may be eligible for an H-1B change-of-employer process within the U.S. The estimated overall H-1B change-of-employer process to secure an H-1B approval (Form I-797), including City of Hope’s petition preparation and USCIS decision processing, typically takes 10 weeks with premium processing. In addition to the H-1B processing time, other considerations impacting City of Hope's start date may include additional time needed for advanced resignation, relocation, traveling abroad, family, school, childcare, City of Hope onboarding and health clearances. A previously approved H-1B does not always guarantee subsequent approval.
- Portability rule. The portability rule applies to an H-1B change-of-employer process only. It intends to preserve the individual's legal status to begin new employment at City of Hope on the expected start date while the change-of-employer petition is still pending USCIS approval. This allows the individual to start employment with City of Hope sooner.
- 60-day discretionary grace period. Typically, the change-of-employer approval process occurs while the H-1B holder is still working for the previous employer. If the previous employment ends early, USCIS may still approve City of Hope’s change-of-employer petition if the gap between the two employment periods does not exceed 60 days. However, H-1B visa holders cannot work during the grace period and must wait for approval to begin new employment at City of Hope.
For Applicants Changing Status Within the U.S.
Applicants in the U.S. on another visa may be eligible for an H-1B change-of-status process within the U.S. The estimated overall H-1B change-of-status process to secure an H-1B approval (Form I-797), including City of Hope’s petition preparation and USCIS decision processing, typically takes 10 weeks with premium processing. In addition to the H-1B processing time, other considerations impacting City of Hope's start date may include additional time needed for advanced resignation, relocation, traveling abroad, family, school, childcare, City of Hope onboarding and health clearances.
J-1 and J-2 holders subject to the two-year home residency physical presence requirement cannot change to another immigration status, including an H-1B until the home residency physical presence is fulfilled or waived.
Maximum Time and Exceptions
Each H-1B petition may be approved for up to three years of validity. The maximum time one can hold an H-1B is six years.
H-1B visa holders may be eligible for extensions beyond six years if one of the following situations applies.
- Three-year extension. If they're beneficiaries of an approved Form I-140 Immigrant Visa Petition (EB-1, EB-2 and EB-3 categories only) but they cannot adjust their status to U.S. permanent residency due to the lack of an immigrant visa number. In this case, the H-1B holder may extend the H-1B in three-year increments until the immigrant visa number becomes available. Once the immigrant visa number becomes available, the H-1B holder will no longer be eligible for this H-1B extension.
- One-year extension. If they are beneficiaries of either a Labor Certification or a Form I-140 Immigrant Visa Petition that has been pending for 365 days or more. In this case, the H-1B holder may extend the H-1B in 1-year increments until the Labor Certification or Form I-140 Immigrant Visa Petition is approved.
H-4 Dependents
Spouses or unmarried children under 21 are eligible for an H-4 dependent visa. Individuals may apply for an H-4 visa directly with the U.S. embassy or consulate overseas. H-4 applicants may apply along with the H-1B applicant or later. If applying later, they'll need evidence that the H-1B holder has been approved for an H-1B visa and has been working in the U.S. (such as H-1B visa stamp, Form I-797 approval notice for the H-1B principal, Form I-94, and recent pay stubs) as part of the H-4 visa application (DS-160). Unlike the H-1B, H-4 applicants do not need their own Form I-797 approval notice. Individuals may also obtain an H-4 status through a change-of-status process within the U.S. They can apply along with the H-1B principal or later.
H-4 dependents may stay in the U.S. for the same period as the H-1B. They may extend H-4 (within the U.S. or traveling abroad) to match the H-1B validity. H-4 holders may study in the U.S., but only some H-4 holders may be able to work.
H-4 Employment Authorization
Certain H-4 holders will be eligible for an unrestricted employment authorization document (EAD) in the following cases:
- If the H-1B principal is a beneficiary of an approved I-140 Immigrant Visa Petition
- If the H-1B principal has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000
H-4 holders may apply for EAD by completing the Form I-765 and submitting it to the U.S. Citizenship and Immigration Services (USCIS). Processing time may take several months, so it is crucial to apply ahead of time. Please note that ISSO is unable to assist with the EAD application. We strongly recommend that individuals interested in this process carefully review information on the USCIS website or consult an immigration attorney for complex situations.
H-4 EAD validity usually matches the I-94 expiration date. Applicants should file EAD renewals as early as 180 days before the current EAD expiration date. EAD renewal applications may take several months, so we recommend that H-1 holders apply as soon as they become eligible.
H-4 EAD is eligible for a 180-day automatic extension with a timely filed EAD renewal application.