H-1B Classification

The H-1B is the nonimmigrant employment classification most commonly used for the temporary employment of professionals and professors. H-1B status is designed for a foreign national who is or will be employed in a "specialty occupation," which requires

  • The theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation
  • The completion of a baccalaureate degree or higher in that specific occupational specialty.

H-1B status is valid for a total of six years (with some limited exceptions) and can be moved from one employer to another. However, the new employer must file a new petition.

Please contact the International Employment Manager at 919-515-4518 immediately if you are trying to sponsor someone for an SPA position, before you begin to prepare any paperwork. There are some SPA positions that do not qualify for H-1B status, and we will not be able to provide immigration sponsorship for those positions, regardless of the educational and experience credentials of the candidate.

Information and Requirements

Initiation of H-1B Process

Petitioner

H-1B status requires a petitioner or sponsor (NC State University), and the employee may only work for the specific petitioner, unless he/she has additional, independent work authorization or a concurrent H-1B sponsor.

The sponsoring NC State Department, not the foreign national employee, must initiate all petitions. The H-1B packet must be submitted to International Employment (IE) as far in advance as possible (three - six months preferred) to ensure timely processing.

Note: If the department does not send the H-1B initiation packet to International Employment (IE) with enough time to reasonably obtain the status in the timeframe requested, IE cannot guarantee timely processing or that the person will be able to start working for the department in H-1B status by the requested start date.

 

Foreign National Taxation

Please note that all foreign nationals employed at NC State University are required to meet with the Foreign National Tax Unit at the time that they first become employed.  Foreign nationals are also required to notify this unit of any changes in nonimmigrant status, employment and residential address.  To schedule an appointment or notify this unit of such changes, please send an email to foreignnationaltax@ncsu.edu .