The H-1B visa is an employer-specific visa. An H-1B specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation and requires the attainment of a bachelor's or higher degree in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.
The H-1B visa can be used for a maximum of six years. The worker’s H-1B status may be extended in one to three year increments beyond the six year limit when certain employment-based conditions are met.
The H-1B classification and his or her dependents may be admitted to the United States, plus an additional period of up to 10 days before the validity period begins (approved start date) and 10 days after the validity period ends (approved expiration date). The additional 10-day period cannot be used for employment purposes.
The petition must be filed with USCIS by the Office of Immigration Services in consultation with the university department offering employment. The university department should contact the Office of Immigration Services as early as possible. Employers may file an H-1B petition as early as six months in advance of the anticipated employment date.
The petition includes specific documentation about the job and the foreign national, such as evidence of a university degree, work experience, and licenses required for performing the work.
OU departments are responsible for the payment of all business-related expenses associated with any worker named in the H-1B petition. These costs include, but are not necessarily limited to, approved legal fees, administrative costs, petition filing fees, and recruitment costs. Departments are also responsible for payment of return transportation costs if the worker is dismissed before the end of the authorized employment period.
Departments cannot require the H-1B worker to reimburse or otherwise creatively compensate the University for costs connected with the H-1B petition filing.
All family-related applications and petition expenses are considered personal in nature and must be paid for by the individual.
Costs associated with employer-based fees are not personal in nature. Therefore, such costs are business-related and are allowable on state budgeted funds and CLINOPS accounts. However, funds such as Grant Awards (e.g., National Science Foundation, National Institutes of Health, American Cancer Society, etc.), Contracts, and Contribution Accounts, are normally excluded unless specifically allowed by the agency.
Premium processing fees, dependent family fees, or employer internal processing fees are not allowable as direct charges to a federal award. If you have a question on the allowability of costs under a specific grant or contract, please contact the University's Office of Grants & Contracts at 271-2177.
New fees are in effect starting April 1, 2024.
USCIS provides expedited processing for $2,805 in addition to the above fees. University guidelines require departments to provide justification for this cost. Review the University Visa Fee Policy in the Resources section on this page for more information.
The OIS offers immigration services provided by an in-house immigration attorney and administrative staff. These services are currently provided at no charge to the department or participant. OU remains one of the few schools offering these services at no charge. Requests that require expedited attention or do not provide minimum notice to our office may eventually force our office to charge fees.
An OU department seeking to employ an H-1B worker is required to pay the worker the required wage rate as defined by the H-1B federal program rules. The department must offer a wage that is the higher of either:
The wage rules also require offering benefits as compensation for services to H-1B nonimmigrants on the same basis, and in accordance with the same criteria, as the employer offers to U.S. workers.
If the H-1B employee is not performing work and is in a nonproductive status due to a decision by the department/employer (e.g., because of lack of assigned work), lack of a permit or license, or any other business-related reason, the department is required to pay the salaried employee the full pro-rata amount due, or to pay the hourly-wage employee at the required wage for the occupation listed on the Labor Condition Application (LCA). If the employer's LCA carries a designation of "part-time employment," the employer is required to pay the nonproductive employee for at least the number of hours indicated on the I-129 petition filed by the employer with the USCIS. In all cases the H-1B nonimmigrant must be paid the required wage for all hours performing work within the meaning of the Fair Labor Standards Act, 29 U.S.C. 201 et seq.
USCIS approval authorizes employment exclusively for the university in the position and the terms specified in the previously filed petition. Any material change in the current position may warrant the filing of a new H-1B petition.
Changing jobs or departments at the university, accepting additional employment, serving as a consultant, or accepting a salary or honoraria could jeopardize the employee's legal status within the United States.
Reimbursement for transportation and expenses for activities at another institution, such as giving a lecture, may be possible if the activity is incidental to the originally approved university petition.
Notify OIS: Please consult with the Office of Immigration Services (OIS) regarding proposed activities for any H-1B employee. Additionally, the OIS must be notified before changes in any conditions of the employee's current employment, including changes in title, number of work hours, salary, or physical work location.
In the case of dismissal before the end of the authorized employment, the OU department must assume the reasonable cost of return transportation for an H-1B nonimmigrant.
OU departments should contact the Office of Immigration Services if they are planning to employ an H-1B nonimmigrant worker currently in another position.
The AC21 “Act” portability provisions allow a nonimmigrant worker previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files a “non-frivolous” H-1B petition for the worker.
The portability provisions described in AC21 relieve the nonimmigrant worker from the need to wait for approval notification from the USCIS before commencing H-1B employment with the new employer.
University departments cannot place the nonimmigrant worker on payroll without the USCIS I-797C Receipt Notice issued to the University of Oklahoma. This notice proves the university has filed a non-frivolous H-1B petition and is necessary to meet I-9 employment eligibility verification requirements. The receipt notice normally arrives approximately 2 weeks after the date when it's filed by the HR Office of Immigration Services.
Exceptions to the Receipt Notice requirement may apply for those cases experiencing delays because of USCIS Service Center Receipt processing times.
Regulations permit a discretionary grace period that allows workers in E-1, E-2, E-3, H-1B, H-1B1, L-1, O-1, or TN classifications (and their dependents) to be considered as having maintained status following the cessation of employment for up to 60 consecutive calendar days or until the end of the authorized validity period, whichever is shorter (See 8 CFR 214.1(l)(2)).
During this period, workers may be able to maintain their nonimmigrant status if a new employer timely files a petition on their behalf with an extension of stay request (e.g., an H-1B change of employer petition for a worker in H-1B status).
Alternatively, workers may be able to remain in the U.S. in a period of authorized stay if they timely file an application to change to a new nonimmigrant status (such as B-2 visitor nonimmigrant status) or an application for adjustment of status, if eligible.
Workers who are unable to timely file a change of status application, or find a new employer who timely files a change of employer petition for the worker, may be required to depart the U.S. at the end of this grace period.
H-1B workers and their H-4 dependents are expected to be aware of their status status expiration date at all times to ensure maintenance of legal status in the U.S.
Find your status expiration date on your most recent I-94 departure record. Whichever is the most recent action listed below is your most recent I-94, and therefore, your current status expiration date.
H-1B workers and H-4 dependents should check the status expiration date on their I-94 records regularly, especially after returning to the U.S. following international travel. If they are admitted in a wrong category or the admit until date is shortened, contact OIS immediately.
Visa applicants should prepare in advance and allow sufficient time for potential delays when applying for visas of any type at a U.S. consular post abroad. Travelers should be aware that the information they post online may be inspected by immigration officials that adjudication requests for immigration benefits, including admission to the U.S. International visitors and workers on approved visas who travel outside the U.S. must review the following information:
U.S. Embassies, Consulates, & Diplomatic Missions
Visa Appointment Wait Times - Find our how soon you can get an appointment for visa interview at a U.S. Embassy or Consulate.
The spouse and unmarried children (under 21 years of age) of the primary immigrant or nonimmigrant are considered immediate family members for immigration purposes and are defined as dependents. Many such dependents are eligible for derivative status and may be allowed to apply for work authorization by filing Form I-765 with USCIS.
As a courtesy, OIS will include the dependent’s derivative application when filing the university’s petition for the nonimmigrant worker. The nonimmigrant worker is responsible for any accompanying family member’s visa status or subsequent filing fee(s). While every reasonable effort is made to provide you with guidance with job-related immigration concerns, help cannot be provided for personal or family immigration matters and may be further limited by staff resources and institutional priorities.
Download relevant forms from the Forms and Resources sections.
