The H-1B nonimmigrant visa is used to employ a foreign national as a temporary worker in a specialty occupation. A specialty occupation is defined by the Immigration and Nationality Act as an occupation which requires the theoretical and practical application of a body of specialized knowledge requiring at least a baccalaureate degree or equivalent for entry into the occupation.

Highlights of the H-1B Classification

• Performs professional services in a specific position for a fixed period of time
• Used to “fill” a vacancy which has been advertised
• Employment authorization may be for an initial period of up to three years depending on the initial period of appointment
• Extensions of employment may be authorized up to a maximum of six years
• Employment is permitted only with the institution who petitioned for the H-1B classification
• Individuals may receive approval from USCIS to work in H-1B status for more than one employer (each employer must file a petition)
• Form I-797 authorizes employment. The EAD (Employment Authorization Document) is not required.
• H-4 dependents are not authorized to work (unless applying for permanent residency and issued an EAD by the USCIS)

For new hires into qualifying positions, the LSU AgCenter may coordinate your H‑1B application and will request a national‑interest exception to the $100,000 employer fee. Job offers are contingent upon approval of that exception request.

Dates to Monitor

1. Expiration date of H-1B status (as indicated on Form I-797)
   • Extensions should be processed approximately 2 to 6 months in advance. (Use the instructions below to assist in processing an extension.)
   • If employment will end, process a separation form.
2. I-9 Form (Employment Eligibility Verification) expiration date
   • A new I-9 must be completed when the current one expires. Click here to view and/or print a blank I-9 form.

Processing Instructions

• Instructions to process a new petition for H-1B status
• Instructions to process an extension of H-1B status
• Miscellaneous Check Request Form (AS02)

For additional information, follow this link to the USCIS page on Specialty Workers (H-1B).