H1B Specialty Occupation Scholars

H1B Specialty Occupations

The H-1B is a classification for individuals who are identified as highly skilled workers with a minimum of a bachelor’s degree or higher in a specialized field of knowledge relevant to the position.   H-1B status is appropriate for both tenure and non–tenure track appointments.

  • Length of stay: Up to six years, but the employer can petition for no more than three years at one time. Extensions beyond six years are allowed in a limited number of cases, including when the permanent residency petition (“green card”) has been pending for over 365 days and when the H-1B employee has spent time outside of the United States during the period of H1B employment.
  • Restrictions: 
    • Previous J-1 status may subject individuals to the Two-Year Home Country Physical Presence Requirement 212(e). (See J-1 Scholars.)  Those subject to this requirement would either need to return home and complete the two-year home residency or successfully apply for a waiver recommendation from the U.S. Department of State.
    •  A minimum salary is required. The minimum acceptable salary will be determined by the U.S. Department of Labor through the prevailing wage determination:  
      •  The prevailing wage rate is defined as the average wage paid to similarly employed workers in a specific occupation in the area of intended employment. Effective January 4, 2010, employers can obtain this wage rate by submitting a request to the National Prevailing Wage Center, or by accessing other legitimate sources of information such as the Online Wage Library, available for use in some programs.
    • International employees sponsored by Bard on an H-1B visa be employed and paid only by Bard College. Researchers with overseas or outside funding must visit on a J-1 visa. 
    • Transfer of H-1B and concurrent H-1Bs are possible; however, a separate H-1B petition must be filed before employment with any new or second employer can begin. The portability rules would apply, allowing the H-1B employee to begin work with the new or second employer once the receipt notice for the second position is obtained from the USCIS.  
The process for petitioning for an H-1B on behalf of an international employee must be initiated by the employing department.
Information for Departments: To initiate this request, the sponsoring department should email the documentation listed below to [email protected], using subject line "H-1B Request: (insert employee’s name)." The department and employee have an active role in providing information required to initiate this visa process.
  • Completed H-1B Checklist
  • Copy of signed offer letter
  • Copy of job description/posting
  • Copy of job posting advertisements (if applicable)
Once received, OISSS will review and forward for processing to Curran, Berger, and Kludt (CBK), the college's outside counsel. An attorney from CBK will reach out to the department and employee to kick off the H-1B sponsorship process.
Should you have any questions about the process, please let us know.