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Academic Personnel

H-1B Eligibility

The foreign beneficiary must be fully-qualified for the job at the time the petition is filed with U.S. Citizenship and Immigration Services (USCIS).

Limitations on Visa Sponsorship Duration

U.S. law establishes a 6-year limit on H-1B status. Initial admission in H-1B status can be up to 3 years; extensions of stay are granted in up to 3-year increments. Where a medical or other professional license is required, USCIS will approve the H-1B petition for either the length of the current license, or one year, whichever is longer. While ISO can request the H-1B for longer, units should note that the H-1B petition may ultimately be approved for a shorter period when the medical license will expire before the requested end date.

Any period of time in H-1B status with other U.S. employers prior to UW appointment count toward the 6-year limit. Extensions beyond 6 years are possible in limited circumstances involving delays in the processing of applications for permanent residence. Some employees may be eligible to “recapture” time spent outside the U.S. during the validity of their H-1Bs. ISO will review for these issues as part of the visa request process.

UW Appointment Limitations on Visa Sponsorship

For all academic appointments, units may request visa sponsorship for:

  1. The length of the current appointment, OR
  2. Up to the maximum period allowed by both (a) UW appointment eligibility limitations and (b) U.S. immigration law.

Option 2 above allows units to sponsor scholars for visas through (a) the end of their eligibility for the title, and (b) the end of their eligibility for the visa type, whichever is earlier. This analysis is highly case-specific; please contact ISO if you have questions about these options.

For staff employment, units may request visa sponsorship for the maximum period allowed by U.S. immigration law. 

Ending Employment Early

If the beneficiary’s employment is terminated by UW before the end of the visa sponsorship period, either through non-reappointment or involuntary termination, the unit must:

  1. pay the reasonable costs of return transportation to the beneficiary’s home country; and
  2. inform ISO so that ISO can take action to withdraw the H-1B petition.

If the beneficiary becomes a permanent resident receives a green card or resigns from their UW appointment before the end of their visa sponsorship, units must still notify ISO so that ISO can take action to withdraw the H-1B visa. However, the unit is not required to pay for return transportation to the beneficiary’s home country in this situation.

Two-year Home Country Residence Requirement

Scholars subject to the 212(e) 2-year home country residence requirement are not eligible to change status to H-1B inside the U.S. or to receive an H-1B visa stamp at a U.S. consulate abroad. See the J-1 Two-Year Home Country Residence Requirement page for more information and contact ISO with any questions or concerns.