H-1B Specialty Occupation

The H-1B Specialty Occupation visa category requires that the Applicant hold a University- level degree (Bachelor’s or higher) and involves a more complex lengthy process to obtain.

• The UCSB employing Department works with OISS to initiate the request for the H-1B status on U.S. Citizenship and Immigration Services Form I-129 and Department of Labor ETA 9035 form
• H-1B Processing Time varies (Check w/ OISS for current estimated processing time)
• The maximum period of stay in the H-1B status is 6 years
• There is no obligation for the H-1B visa holder to return to the home country
• The H-1B visa holder may be employed only by UCSB, the approved employer indicated on the H-1B Approval Notice form I-797
• The H-1B visa holder must be continuously employed while inside the US as per approved application conditions on the Form I-129
• Concurrent H-1B employment permission issued by US Citizenship and Immigration Services is necessary before any additional employment can begin
• Because the H-1B visa status is valid based on continuous employment with the H-1B Approved Employer, the H-1B status ends when employment ends at UCSB:
  
  
• The H-1B visa status allows a 10 day grace period after employment ends at UCSB only if the employment ends on the same end date as on the H-1B Approval Notice.
• There is no grace period if employment ends before the approved end date on the H-1B Approval Notice.
  
  

  - Check with OISS about possibility of stay in the US If a petition for H-1B or a new visa type has been filed with US Citizenship and Immigration Services before the current H-1B employment ends.

H-1B Dependents
Family members of the H-1B visa holder are eligible for the H-4 visa status. Family members are spouse and children under the age of 21.

• H-4 visa holders are not eligible for employment permission
• H-4 visa holders may enroll as students although it is generally to their advantage to obtain a student visa status in their own right