H-1B Employment Visa

Source: https://bechtel.stanford.edu/navigate-international-life/visas/h-1b-employment-visa Parent: https://bechtel.stanford.edu/navigate-international-life

For non-U.S. citizens, Stanford may use H-1B visas to accommodate temporary employment in professional, specialty occupations.

The university most commonly uses the H-1B temporary professional worker category for various academic positions, such as tenure-track faculty members or research associates. Other regular staff positions such as programmer/analysts and research specialists may also be eligible.

Only Bechtel International Center can submit H-1B visa applications on behalf of Stanford University and only does so for Stanford University schools and departments.

H-1B Requirements and Restrictions

Following are some requirements and restrictions Bechtel must consider before we can submit an H-1B visa request on a school or department’s behalf. If you are a prospective employee, you should direct all questions to the HR team or administrator in your sponsoring department. Bechtel works directly with departments on visa requests and can only act on visa requests initiated by the departments.

Stanford does not sponsor part-time H-1B positions.
Individuals who are subject to the J-1 Two-year Home-country Physical Presence Requirement are not eligible for H-1B status unless they have received a waiver or completed the two-year period.
The H-1B program requires employers to establish that the position is a specialty occupation which requires at least a Bachelor’s degree and the candidate has at least a Bachelor’s degree (or its foreign equivalent), in the field of study that is specific to the job.
Many staff positions at Stanford are formally described as needing a Bachelor’s degree “or equivalent education and experience.” When Stanford has the discretion to hire a candidate who does not have a Bachelor’s degree, the job is not H-1B eligible.
The H-1B is a location-specific visa. In concert with Stanford's Work Agreements policies:
Remote Employees - Address for fully remote work location required at initiation of H-1B visa process.
Hybrid Employees - Address for all work locations required at initiation of H-1B visa process.
On-site Employees - Address for all on campus work locations required at initiation of H-1B visa process.
Change in worksite locations - Bechtel must be notified in advance of any worksite address changes.
Sponsoring an H-1B visa requires the employer to pay the employee the prevailing wage or the actual wage at each work location, whichever is higher.
The prevailing wage is determined from a schedule of occupations published by the U.S. Department of Labor and is not a Stanford or Bechtel decision. Bechtel cannot determine the prevailing wage until the required documentation is received from the sponsoring department. Prevailing wage schedules are updated by the U.S. Department of Labor every July.
The actual wage is determined by Stanford's pattern and practice of compensation.
New employees within the U.S. changing status to H-1B or porting (transferring) existing H-1B status to Stanford may begin work no earlier than the approved start date on the Stanford H-1B Notice of Approval (I-797) and no later than 60 days from the start date on the I-797.
New employees applying for H-1B status from outside the U.S. may not enter the U.S. more than 10 days before the start date on the I-797. Employees who enter with an H-1B status must be on payroll no later than 30 days after the start date on the I-797.
The initial period for an H-1B visa holder can be no more than three years. There is no minimum period.
H-1B visa holders are limited to a maximum of 6-years in H-1B status. However, there are common exceptions to this limit.
H-1B status expires at the end of the employment period, regardless of the end date of the H-1B approval notice.
If the employment is terminated by the department prior to the end date on the H-1B approval notice, the department is required to offer to pay reasonable costs of return transportation for the employee to return to the last place of residence abroad.

H-1B Grace Periods

10 Days - Given at the end date of authorized employment period as stated on the H-1B approval notice.
60 Days - Given if the employment is terminated prior to the authorized period as stated on the H-1B approval notice.

Postdoctoral Fellow or Scholar

The J-1 visa is the appropriate visa type for most Stanford postdoctoral fellows or scholars. In rare circumstances, Stanford may consider postdoctoral scholars for H-1B sponsorship; however, the university prohibits H-1B visa recipients from receiving fellowship support. The host department needs to contact the Office of Postdoctoral Affairs before initiating the H-1B process on behalf of a postdoc.

Physicians

H-1B regulations restrict the use of H-1B status by most nonimmigrant physicians when the position’s patient care responsibilities exceed 20% of the role. There are exceptions for graduates of a foreign medical school who have passed all three parts of the US Medical Licensing Exams (MLEs), and for "USMGs", who graduated from a US medical school. Contact Bechtel to assess situations in which a nonimmigrant physician without a California medical licenses is slated to have patient care responsibilities in excess of 20% of the role.

Typically, ECFMG alumni are required to pass the MLEs to be eligible for their training but are subject to the J-1 two-year residence requirement, which in most cases makes them ineligible for an H-1B. Canadians may be able to take advantage of an exception to this rule for H-1B purposes.

A valid California medical license or exemption must accompany H-1B petitions for clinical faculty. This may complicate the timeline. See the California Medical Board site for information about licensure.

Timeline for Submission of Applications

Departments should initiate H-1B procedures as soon as possible. Bechtel recommends initiating the process 4-6 months prior to the intended start date. Bechtel has a firm 60-day period for internal processing to prepare and file petitions. Bechtel will not begin processing until both the workflow visa request and document packet have been submitted to Bechtel.

U.S. Citizenship and Immigration Services (USCIS) accepts H-1B petitions 6 months prior to the start date noted on the petition. For an additional fee, Premium Processing obliges USCIS to make a decision in 15 business days. Note that Premium Processing is a service of USCIS, and is not relevant to Stanford's internal processing time. By contrast, regular USCIS processing can take upwards of 5-8+ months for adjudication.

Workflow and Documentation

H-1B cases are forwarded to Bechtel in Workflow. After being granted authority to use Workflow, department representatives are strongly encouraged to watch a training session on the use of H-1B visa workflow for department administrators. Again, Bechtel will not begin working on an H-1B request until we receive an approved workflow transaction initiated by the Stanford department and the complete documentation.

See H-1B Petition Process for step-by-step instructions for Workflow, process flowcharts, and helpful reference sheets.