Visa Categories

Jefferson sponsors H-1B employment for full-time, specialty positions requiring a bachelor’s degree or higher. If a candidate’s qualifications do not match the specific requirements listed in the job description (degrees, license/certifications, experience), the candidate will not be eligible for sponsorship.

H-1B candidates at Jefferson can be new hires or current employees. New hires include candidates coming from outside the U.S. and those already in the U.S. who have H-1B status with another employer or hold a visa status other than H-1B.

OIS will work with Jefferson-approved immigration counsel to determine eligibility for H-1B. In general, candidates on F-1 status should apply for and use their OPT eligibility before seeking H-1B sponsorship. Individuals on J-1 status who are subject to the two-year home residence requirement are not eligible for H-1B sponsorship unless they obtain a waiver for the requirement.

Your current status will determine the process for H-1B sponsorship at Jefferson.

Initial Sponsorship

• This process is for individuals who do not have a current immigration status in the U.S. Employees who fit this description cannot start work until the H-1B petition has been approved. Employees coming from abroad will also have to obtain an H-1B visa stamp to travel to the U.S.

Sponsorship through Portability Provision

• This process is for incoming employees who currently hold H-1B status with another employer. Jefferson must file a new H-1B petition for the prospective employee (H-1B approval does not transfer over from the prior job), but if the employee meets specific criteria, they can start work once U.S. Citizenship and Immigration Services (USCIS) confirms receipt of Jefferson’s H-1B petition, prior to issuing a decision.

Change of Status Sponsorship

• This process is for individuals transferring to H-1B from another valid immigration status. Employees transferring from another status to H-1B cannot work past the expiration date of their current status without an H-1B approval notice.

Jefferson works with outside immigration counsel to prepare and submit H-1B petitions. Typical preparation and processing time for a new petition is 180 days. This includes the time needed to:

• Gather information from the hiring department and the foreign national
• Prepare the documents that make up the petition
• Go through the U.S. Department of Labor certification (Labor Condition Application)
• Go through the USCIS approval notices (I-129 application)

It may be possible to expedite a case, but this option is not guaranteed and requires departments to pay additional government and legal fees. If sufficient time is not allotted, the employment start date may need to be delayed.

For petitions to extend or amend a current employee’s H-1B status, the normal preparation and processing time is 120 days. 

Please note that Jefferson cannot submit petitions to USCIS more than six months prior to the employee’s start date.

To assist Jefferson in preparing the H-1B petition, foreign nationals will be asked to provide the following:

• A passport with at least six months of validity remaining
• Job acceptance notification
• Complete immigration history including copies of all I-20s, DS-2019s, and past visas (if applicable)
• I-94 arrival/departure records
• Official transcripts
• Proof of certifications/licenses required for employment
• J waiver (if applicable)

The costs for an H-1B petition must be paid by the employer, not the foreign national.* These costs include legal fees for the preparation of the petition and government fees to process the petition.

At Jefferson, OIS and the hiring department share the costs of preparing and submitting an H-1B petition:

• OIS pays the standard legal fees for normal petitions
• Hiring departments pay the U.S. government processing fees:
  • $460 USCIS filing fee
  • $500 USCIS anti-fraud fee
  • $2,805 USCIS premium processing fee (if needed; guarantees a response from USCIS within 15 calendar days of receiving the petition)
• Hiring departments pay legal fees in special circumstances (for example, when requesting expedited preparation); these fees vary based on the request

Once the H-1B petition has been approved, individuals who require consular processing will complete and submit their DS-160 Electronic Visa Application, pay a $205 nonimmigrant visa fee, and schedule their visa interview at a U.S. Consulate abroad.

*Exception: In cases where a foreign national requests premium processing for personal reasons (for example, to accommodate personal travel), the foreign national may pay this fee. When premium processing is required for employment-related reasons, the employer must pay the fee.

In order to enter the U.S. in H-1B status—whether coming from outside the U.S. to accept H-1B employment or traveling internationally and returning to the U.S. while in H-1B status—individuals must have a valid H-1B visa stamp in their passport.

To obtain an H-1B visa stamp, individuals will complete and submit a DS-160 Electronic Visa Application, pay a $205 nonimmigrant visa fee, and schedule a visa interview at a U.S. Consulate. Jefferson-approved immigration counsel will guide employees through this process.

You will need to present the following at your visa appointment at the consulate:

• Passport valid for at least six months beyond your period of authorized stay in the U.S.
• DS-160 confirmation page
• Application fee payment receipt
• One 2x2 inch (51x51 mm) photograph taken within the last six months
• Receipt number from your I-797 approval notice (you may bring the original approval notice or a copy of it with you)

Additionally, you can carry the following documents;

• Physical approval is not required for visa stamping appointment
• I-129 Application and Labor Condition Application (LCA)

The H-4 visa allows legal spouses and unmarried children under the age of 21 to accompany and reside with the H-1B visa holder during their period of authorized employment. 

H-4 dependents are permitted to study full-time or part-time in the U.S. but are not permitted to work except in specific circumstances when H-4 dependents (legal spouses and unmarried children under the age of 21) are eligible for and approved by USCIS for H-4 employment authorization.

Dependents lose their H-4 status when the H-1B employment ends or if the sponsored employee fails to maintain their H-1B status. Dependent children also lose their H-4 status when they turn 21 or when they marry, whichever comes first. 

The path to acquiring H-4 status is different for dependents arriving from outside the U.S. than it is for those already in the U.S. under another status. 

If your dependents are outside the U.S., they will apply for H-4 visas at a U.S. Consulate. To apply for H-4 visas, dependents will need valid passports, a copy of the H-1B employee’s passport and visa, a copy of the H-1B employee’s I-797 approval notice, proof of relationship to the H-1B employee (marriage certificate/birth certificates), and proof of financial support such as the H-1B employee’s job offer letter or paychecks. Please check with the specific consulate or embassy you will use for additional details.