The H-1B visa is for individuals entering the U.S. temporarily to work in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement.” Further, the U.S. Citizenship and Immigration Services (USCIS), which adjudicates H-1B petitions, further clarifies that “the 'degree' means not just any degree, but one in a specific specialty that is directly related to the offered position.”
The H-1B is an employer (sponsoring department)- and position-specific status, meaning the employee is authorized to perform only the duties detailed in the approved petition and may be compensated solely by the sponsoring employer, as specified in the H-1B application. H-1B employees are not permitted to receive compensation from any other employer or source, or for activities not included in the approved petition. At Yale, H-1B status is generally reserved for tenure-track faculty appointments.
At Yale, Employment-based visas, including the H-1B, are generally not used for non-tenure track academic appointments or postdoctoral research training positions. Instead, the J-1 visa is typically sponsored for such temporary, non-permanent roles. In cases where an individual is legally ineligible for J-1 status, an employment-based visa may be considered. OISS reserves the authority to determine the appropriate visa sponsorship classification on behalf of the University.
All sponsorship-required positions must be full-time (100% FTE) on-campus or at Yale-affiliated business premises in Connecticut. Remote work outside CT is only permitted depending for substantial business purposes where the assignments cannot be completed on campus. For entirely remote work, approval by an appropriate university authority would still be required.
Maximum Duration
H-1B status is initially granted for a maximum period of three years and can be extended to a total of six years (regardless of the number of employers). Because the application process is lengthy and complex, requesting a full-three year H-1B status (providing the intention is to retain the scholar for that long) is recommended and advantageous.
Yale H-1B Sponsorship Eligibility Basic Criteria
- Faculty level academic appointment (see Faculty sponsorship policy)
- M&P Appointment (see M&P sponsorship policy)
- Full-time (100% FTE)
- Must be considered a Yale employee (e.g. Postdoctoral Fellow, Clinical Fellow not considered a Yale employee. Also, postgraduate trainees are not eligible for H-1B or any other employment-based Yale visa sponsorship and use a J-1 visa instead.)
- At least one year sponsorship commitment, up to three years with appointment renewal intention and foreseen secured funding
- Work location(s) MUST be on Yale campus(es)
The H-1B Application Process and Fee Requirements
The H-1B process is more complicated than other immigration statuses and the processing time is long and sometimes unpredictable. The hiring department at Yale must initiate the H-1B application process on behalf of the scholar they wish to sponsor, and then provide (in coordination with the scholar) the required documentation to OISS. Two separate government agencies are involved in H-1B visa sponsorship: the U.S. Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS).
The H-1B filing fees, which the hiring unit must pay, include the $460 petition filing fee, a $500 anti-fraud fee, and an optional but highly recommended $2805 premium processing fee.
Processing Time
The total processing time for an H-1B application, involves three stages: Yale preparation (OISS adviser, host department and international scholar), the DOL step, and USCIS review. The entire process can take up to four months using premium processing (an additional $2805 fee), or as long as four to six months without premium processing. While the Department of Labor will not allow H-1B processing to begin earlier than six months prior to the start date, OISS recommends submitting all materials to OISS at least seven months in advance to be officially part of the OISS processing queue. OISS advisers prioritize all H-1B requests in order of the beneficiaries' current status end dates and the dates of their request submission to meet timely petition submission deadlines.
Other Considerations
Prevailing Wage
The department is required to pay a salary to the H-1B beneficiary that meets the “prevailing wage” as determined by the DOL. Because of these strict DOL requirements (as well as Yale compensation policies for specific appointment type), part-time positions are not eligible for Yale H-1B sponsorship.
Early Termination
In the event of an early termination, the department must fill out the Early Termination form and send it to OISS with required documentation as soon as possible. The sponsoring department is responsible for covering the reasonable cost of return transportation to the H-1B employee's last place of foreign residence if the department terminates or discontinues the position before the end of the approved H-1B period. This includes decisions not to reappoint the employee at the end of a contract term. This obligation does not apply if the H-1B employee voluntarily resigns. If you anticipate this situation may apply, please contact your OISS adviser for guidance well in advance of the expected employment end date.
Use of Outside Counsel
All H-1B requests must be processed through OISS. Yale policy does not allow outside attorneys to represent Yale in the preparation of the H-1B petition for any Yale employee without written consent from the OISS.
