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Overview H-1B Employment Visa

Boise State University sponsors H-1B visas for on-campus, full time, long-term academic positions such as tenure-track faculty. Other long-term, permanent staff positions may be supported if they require a specialty bachelor’s degree.  Other visa categories, particularly F-1 OPT, should be utilized where possible.

H-1B temporary worker immigration status is for individuals coming temporarily to the U.S. to work in a specialty occupation. The H-1B is an employer-sponsored immigration status. It is employer-specific, job-specific, and location-specific. If the employer, job or job location change then a new H-1B petition may be needed.

H-1B Overview

Eligibility

Regulations require that the position is a “specialty occupation” and that the salary for the position meets certain wage requirements. Boise State University does not sponsor H-1B applications for hourly positions or for positions that are not full-time.

The position must require at least a bachelor’s degree in a specific field. In order to qualify as a “specialty occupation” the position must be 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”.

The salary for the position must be the higher of the “prevailing wage” or the “actual wage”.

The employee must also be eligible for H-1B sponsorship. For example, if the employee was previously on a J visa and has not fulfilled their 2-year home residency requirement then they are not eligible for H-1B status unless they have received a waiver of that requirement from USCIS. The employee must also hold the required specialty degree at the required level (or higher).

The eligibility of a position for H-1B sponsorship is determined by the Center for Global Engagement (CGE).  All H-1B applications for Boise State University are processed through the CGE.  Other visa categories, particularly F-1 OPT, should be utilized where possible.

Disclaimer

The information contained in this web site is provided as a service to the international students, faculty, staff, employees and administrators of Boise State University, and does not constitute legal advice, including legal advice regarding any immigration, tax or other matter. We make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to this web site or any associated site which is provided for general information purposes only. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither Boise State University nor the Center for Global Engagement is responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information.