The H-1B Visa is the nonimmigrant employment visa most commonly used for the temporary employment of professionals and professors. An H-1B visa 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 visas are valid for a total of 6 years 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.
The H-1B visa requires a Petitioner or Sponsor (NC State University), and the beneficiary or employee may only work for the specific Petitioner, unless he/she has additional, independent work authorization or a concurrent H-1B Petitioner.
The sponsoring NC State Department, not the foreign national beneficiary, must initiate all petitions. The process includes the H-1B Extension requests and portability requests. The H-1B packet must be submitted to International Employment (IE) as far in advance as possible (3-6 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.