H-1B Temporary Worker
The H-1B Temporary Worker is designed for individuals coming to the United States 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, is a minimum requirement.”
H-1B employment is site-specific according to federal law. The H-1B employee may only be employed by the University of Kansas department that submitted the H-1B petition. No other employment, on or off campus, is permitted without separate approval by U.S. Citizenship and Immigration Services (USCIS). The KU employer is responsible for petitioning to USCIS for permission to hire a foreign employee for a particular position. The employee cannot obtain H-1B status on his or her own.
Extensions and Caps
An H-1B petition may be approved for an initial maximum three-year period, and extension of an additional three years, for a total of aggregate period of stay of six years. Even though Congress has placed a limit or cap on the number of new H-1B petitions to be approved for employment in a given year, institutions of higher education, research organizations and some non-profits are excluded from the cap. H-1B petitions filed by the University of Kansas are not subject to the H-1B cap.