H-1B Frequently Asked Questions

Who is eligible to hold H-1B status?

To be eligible for H-1B status, your job must qualify as a specialty occupation:

• A bachelor's degree or higher degree or the equivalent is normally the minimum requirement for the particular position
• The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position
• The employer normally requires a degree or its equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree

View more information about the H-1B Visa Requirements.

NOTE: If the person selected for the position currently holds a J-1 or J-2 visa, or was previously in J-1 or J-2 visa status and is subject to section 212(e) (2-year home residency requirement), this person cannot begin employment on an H-1B visa until he/she has received a waiver of section 212(e) from the U.S. Citizenship and Immigration Services (USCIS).

If you are currently out of status, note that you may not change to H-1B status inside the U.S. You will be required to return to your home country to apply for a visa after the H-1B petition is approved.

Do I accept my job before or after my H-1B is approved?

You must accept your job before the H1B is filed because H-1Bs are employer and job-specific and need to be filed as such.

What do I do if my job duties will change/I will receive a promotion/my work location will change?

All possible changes in employment must first be talked about with the ISSS office. Changes like the types mentioned above may require an amendment to the H1B petition.

NOTE: Any changes not vetted through the ISSS office can result in negative actions taken to the H-1B holder and Drexel University.

What documents do I need to travel abroad while in H-1B status?

A valid H1B Visa Stamp, valid passport, H-1B Approval Notice, Letter from your employer confirming your employment, receipt pay stubs, employer contact information, and a letter from your employer confirming that you are on an approved vacation or leave.

If you will be applying for an H-1B Visa Stamp, you need a Passport, an H-1B Approval notice, and H-1B application documents (retrievable from ISSS which include your employment letter, support letter, and petition)

How long will my H-1B be?

Your H-1B's length is up to the discretion of the hiring department. It can be no longer than three years. Later on in your employment, it is possible to extend the H-1B for up to six years total.

What if my job ends before my H-1B expires?

If your job ends before your H-1B expires, the department must report this to ISSS. You must leave the U.S. or obtain another legal visa status immediately upon termination if you wish to remain in the U.S. If the department terminates your job before the employment end date given to the USCIS, the department must pay the expenses of your return travel to your home country (if you return to your home country).