University of Delaware
Search University of Delaware

Hosting an H1B

Japanese Ambassador

When bringing foreign nationals to campus, it is strongly recommended for UD Departments to contact OISS as early in the process as possible.

Please note that immigration regulations are subject to change and can vary depending on your particular case or situation. Always consult an OISS advisor for the most accurate information or whenever in doubt.

A Visiting Scholar on a H-1B Visa

The H-1B visa category is for foreign nationals who are offered temporary employment in the United States to render services in "specialty occupations". An offer of employment is required from an U.S. employer who must file the petition. A foreign national cannot self-petition for an H-1B visa. H-1B employment must be temporary, even if the foreign national may be coming here to fill a permanent position. There must be an employer-employee relationship (i.e., the employer must pay a regular salary or grant payments to the alien). The foreign national must be qualified to fill the H-1B visa position. He/she must have at least an U.S. bachelor's degree (or equivalent) and the appropriate education level in the field related to the nature of job.

H-1B visas are employer specific. Employment is limited to the sponsoring H-1B employer and for employment specified in the H-1B petition. If the employment changes in any material way (such as a significant change in job duties, location, full or part-time, etc.), an amended H-1B petition must be submitted prior to the start of the new position.

In order to file an H-1B, a foreign national must be paid the prevailing wage. If the wage is not governed by a Collective Bargaining Agreement, then a Prevailing Wage Determination will be requested from the Department of Labor. If the sponsoring department is unable to pay at least the prevailing wage set by the Department of Labor, then an H-1B visa cannot be processed. Prevailing Wage Determinations are required for all H-1B petitions whether it is a new petition, extension or transfer. There is always a risk of a Prevailing Wage Determinations coming back higher than the actual salary, even if a previous determination filed for the position met the wage requirements. H-1B visas may not be appropriate for all positions at the university. Please contact the OISS before submitting an application to discuss H-1B eligibility as well as other visas options.

J visa holders who are subject to 212 (e) 2-year foreign residency requirements are not eligible for H-1B visa until they fulfil the requirement or obtain a waiver. J-1 visa holders must contact the OISS in regards to their visa status before beginning the waiver process.

The H-1B visa holder and dependents must be keep valid passports at all times throughout their stay in the U.S.