Applying from Inside the U.S.

The following instructions are for individuals who are currently in the U.S. and will be starting or changing to H-1B employment at Yale.

Sponsorship

Discuss with the hiring department whether they support sponsoring you in H-1B status.

Yale University must first establish you will be working temporarily at the University in a specialized occupation. OISS will separately work with the hiring department to collect employer related documents. As the beneficiary of Yale visa sponsorship you will NOT have a role in completing the employer related documents.

Basic eligibility requirements for Yale H-1B sponsorship may be found on the Department Overview page.

H-1B Request Process

Once ALL H-1B required materials are submitted by both the hiring unit and the H-1B beneficiary, your OISS adviser will start communicating the petition status via MyOISS. If your OISS adviser has questions or needs more information, you will hear from them by email.

Checking Your Status

Your case progress status will be updated at the top of the screen within your H-1B record; as the case processing moves forward, it will show the most current information. Your OISS adviser will email you confirming when the application has been sent to USCIS, and they will communicate with you on any case updates as OISS hears back from the US Citizenship and Immigration Services (USCIS).

Important Note:

Departure from the U.S. during your H-1B petition process (by both OISS and by the USCIS) will affect your H-1B petition and your ability to return/stay in the U.S. Refrain from all international travel during this process. If you have an unexpected need to leave the U.S., please consult with your OISS adviser before your departure.

Step 1: Prepare the Required Documents

Your OISS adviser will share a cloud folder to which you will upload all the required documents listed below. Please do not email these documents to OISS or your adviser.

All documentation should be in PDF format and without Adobe password security enabled. Be sure that your documents meet the following requirements:

If a file is in an image format (JPG, PNG, BMP, etc.), you can convert them to PDF using these instructions.
If a file is password protected or similarly secured, be sure to remove the extra security before uploading so that your adviser can view it. After uploading, your file will be secured so that only you and OISS can access it.
Please add your name and the document type to the file's title, for example “Lastname Firstname I-94.pdf”.

Required Documents for All Beneficiaries

You will need the following documents to complete this section. Detailed instructions for creating an account and uploading these documents are found below.

H-1B Additional Information Form
Offer letter
Your C.V.
Your highest degree credential documents, including all the documents listed below as applicable (required to be eligible for H-1B):
1. Diploma/Certificate
2. Transcripts or an alternative official document that shows your earned degree and degree field
  - If not in English, an English translation is also required.
  - If the degree is from outside the U.S., it is required to have a credential evaluation completed. The degree evaluation must also contain the degree field. (Contact the company of your choice, or review the information provided here.)
Your I-94 record.
Copy of the personal data and expiration page in your passport.
- If your passport is expiring soon, it should be renewed
- If you used your old passport at the most recent entry to the U.S. (shown in your I-94), include the expired passport personal data page.
Current visa stamp

Further Documentation May be Required

If any of the below apply to you, further documentation may be required:

Are in F-1 student status (or on F-1 optional practical training); copies of ALL of your Forms I-20 (both sides) and EAD.
Are in J-1/J-2 status or have ever been in J-1/J-2 status copies of ALL your Forms DS-2019, J-1/J-2 visa stamps and a copy of the waiver of the two-year home residence requirement (if applicable). If J-2, a copy of EAD if applicable.
Have ever been in H-1B (or L-1) status, copies of ALL previous Forms I-797 Notice of Action issued by the USCIS.
Are currently employed in the U.S., copies of your pay stubs for the most recent three months.
Have green card application pending, provide any documents related to that application (e.g. I-797 receipt/approval notice for I-140/I-130, I-797 receipt notice for I-485, EAD/Advanced Parole, etc.)

For MD Patient Care Clinicians Only

If you are applying for H-1B status that includes clinical responsibilities and patient care, you must also provide the following. OISS will not be able to file the H-1B petition without this information.

Copies of your unrestricted CT State physician license, registration or certificate, if required by your specialty
Copies of your ECFMG certification (if your medical degree is not from the U.S.*), or a copy of your U.S. medical degree certificate (*Note for individuals who graduated from Canadian medical schools: Read the important update from ECFMG about the ECFMG certificate requirement.)
Copies of ALL USMLE 1, 2, 3 results (except the U.S. medical degree holders)
Copies of your Board Certification (if applicable).

Step 2: Upload the Required Documents to the Shared Folder

Your OISS adviser will share a cloud folder to which you will upload all the required documents. Please do not email these documents to OISS or your adviser.

How to Delete Files

Application of Accompanying Dependents

A spouse or unmarried children (under the age of 21) may be eligible for H-4 status.

IMPORTANT: Effective January 18, 2025, premium processing of Form I-129 no longer extends to related H-4 Form I-539 and/or I-765 applications. USCIS discontinued its courtesy bundling practice, and H-4 applications are subject to separate adjudication timelines, which may result in processing delays. Accordingly, OISS does not facilitate the courtesy inclusion of H-4 applications with Yale's H-1B petitions.

The information provided in this section is intended solely as a courtesy to Yale's international community and does not constitute legal advice. Government instructions may change without notice and may not be reflected on this page. Form I-539, which is used to apply for a change to or extension of H-4 status, is a personal application. Each applicant is responsible for accurately preparing, completing, and submitting the application to U.S. Citizenship and Immigration Services (USCIS).

Therefore, OISS staff can only provide general information about the Form I-539 process but are not legally authorized to provide individualized legal advice regarding an applicant's Form I-539 application or other personal immigration matters. If you need legal advice or assistance with your application, OISS recommends that you work with a licensed immigration attorney at your own expense. Our resource page includes a list of attorneys with experience in immigration matters involving academic and research institutions.

Your H-4 dependents are responsible for complying with all laws to maintain their immigration status in the U.S., including maintaining all the legal documents associated with their H-4 status.

Application and Supporting Documetns

Below is a courtesy list of items that an H-4 applicant may find helpful when preparing and submitting their application to USCIS. This list is provided for general informational purposes only; it is not exhaustive and does not constitute legal advice. The documents listed below do not need to be submitted to OISS.

A signed Form I-539. Please note the following:
- Thoroughly review the Instructions for Form I-539 and Supplemental Form I-539A (see the “Forms and Document Downloads” section) to understand the filing requirements and eligibility criteria for the requested immigration benefits.
- Complete Form I-539 (see the “Forms and Document Downloads” section). The eligible individual seeking H-4 status must complete and sign the form as the primary applicant; the H-1B beneficiary should not be listed as the primary applicant.
- If the primary applicant is under 14 years of age, a parent or legal guardian may sign the application on the minor applicant’s behalf in the applicant’s signature field and complete Part 7 (or the applicable preparer section) accordingly.
If applicable, include a signed Form I-539A(s) for each additional eligible co-applicant. Please note the following:
- The primary applicant of the Form I-539 does not complete the Form I-539A.
- Thoroughly review the Instructions for Form I-539 and Supplemental Form I-539A (see the “Forms and Document Downloads” section) for filing requirements, including requirements for adding co-applicants on Form I-539A. Co-applicants seeking H-4 status must request the same validity period. Applicants seeking different validity periods, or who otherwise do not meet the requirements for filing as co-applicants, may need to file separate Forms I-539.
- Complete Form I-539A (see the “Forms and Document Downloads”)
- If the I-539A applicant is under 14 years of age, a parent or legal guardian may sign the application on the minor applicant’s behalf in the applicant’s signature field and complete Part 6 (or the applicable preparer section) accordingly.
Filing fees: See the “Filing Fee” section of USCIS Form I-539 page for the current filing fees.
- Online filing: Online filing may be an option when there is only one H-4 applicant. USCIS’s online filing process does not permit the inclusion of multiple applicants on a single Form I-539. If multiple dependents choose to file online, each applicant must submit a separate Form I-539 and pay the applicable filing fee.
- Paper filing: Paper filing may be appropriate when multiple H-4 applicants seek to file together and meet the applicable co-applicant requirements. In such cases, one applicant may file Form I-539 as the primary applicant, with a separate Form I-539A for each additional applicant. The applicable filing fee may cover all applicants included in the same paper filing. Review the Form I-539 and Form I-539A instructions for current eligibility, filing, and fee requirements.
- The application fee must be paid by credit card or ACH bank transfer. For paper filings, include a completed and signed Form G-1450 (Authorization for Credit Card Transactions) or Form G-1650 (Authorization for ACH Transactions).
Unexpired passport personal data and expiration page for each applicant.
- If their passport is expiring soon, it is strongly recommended that the applicant renew it and include a copy of the renewed passport with the application. All foreign nationals in the U.S. should maintain passport validity of at least six months at all times.
- If they used their expired passport at the most recent entry to the U.S. (shown in their I-94), include copies of both the expired and current passport personal data pages with the application.
Current visa stamp for each applicant.
I-94 record for each applicant.
A copy of the marriage certificate for spouse applicant) and birth certificates for each child applicant. If the original document is not in English, an English translation is required.

Further Documentation May be Required

Further documentation may be required for dependents if they have:

Ever previously been in H (i.e. H-1B or H-4) of L (i.e. L-1 or L-2) status, copies of ALL previous forms I-797 Notice of Action issued by the USCIS; if applicable, include a copy of the EAD
Ever previously been in J (i.e. J-1 or J-2) status, copies of ALL Forms DS-2019, visa stamps and a copy of the waiver of the two-year home residency requirement (if applicable). If J-2, a copy of EAD (if applicable).
Currently hold F-1 or F-2 status (including F-1 optional practical training); copies of ALL Forms I-20 (both sides) and EAD (if applicable)
If a green card application is pending, provide any documents related to that application (e.g. I-797 receipt/approval notice for I-140/I-130, I-797 receipt notice for I-485, EAD/Advanced Parole, etc.)

Additional Important Notes and Filing Considerations

1. Form I-539 Submission Deadline: USCIS must receive the Form I-539 application before the expiration of each applicant's and co-applicant's current authorized period of stay, as indicated on their respective Forms I-94. For applicants in F or J status, also pay close attention to the program end date listed on their I-20 or DS-201, as applicable, to ensure timely filing and continued maintenance of status.

2. H-1B Form I-129 Receipt Notice: If your Form I-539 application is associated with the H-1B principal's Form I-129 petition, you must wait until the I-129 petition has been submitted to USCIS before filing Form I-539. Your I-539 application must include the H-1B principal's I-129 receipt number. The receipt notice containing the receipt number should be available in your M yOISS account a few weeks after the petition is submitted. If it is not yet available, contact your OISS adviser.

2. Keep Copies of All Submitted Documents: Retain a complete copy of your Form I-539 application, supporting documents, payment confirmation, and all USCIS correspondence for your records.

3. Monitor Your Mailing Address and USCIS Correspondence: Ensure that the mailing address provided on Form I-539 is current and reliable. Notify USCIS promptly of any address changes to avoid missing important notices.

USCIS will communicate directly with H-4 applicants regarding their applications. Monitor your mail for USCIS correspondence, including Form I-797 receipt and approval notices and any Requests for Evidence (RFEs). Respond to USCIS requests by the stated deadlines.

4. Avoid International Travel While Form I-539 Is Pending: International travel while your Form I-539 application is pending may result in the application being considered abandoned, depending on the type of application. Consult your OISS adviser before making international travel arrangements.

5. Update Your MyOISS Dependent Profiles and Share USCIS Notices: Ensure that all H-4 dependents are listed in your M yOISS account. Navigate to Profile → Dependents and click the + sign to add any dependents who are not already listed.

Once available, email copies of the Form I-797 receipt and approval notices for your H-4 dependents' Form I-539 applications to your OISS adviser.