H-1B Sponsorship Overview
The H-1B classification allows you to employ a foreign national in a specialty occupation. This means the position must require at least a bachelor’s degree (or equivalent) in a specific field as a minimum requirement.
H-1B status is used for positions that require specialized knowledge and is commonly
used for faculty and professional staff.
Key Points
- H-1B is employer-specific and tied to the approved position
- You must obtain approval before the employee can begin work
- Initial approval is granted for up to 3 years, with a general maximum of 6 years
How the Process Works
All H-1B requests are handled in partnership with the SUNY-approved immigration law firm.
To begin, you must:
- Submit an Immigration Counsel Referral Request in accessVIS
- Obtain required department and Dean-level approval
VIS will review your request and refer the case to immigration counsel for processing.
Department Responsibilities
You are responsible for:
- Ensuring the position qualifies as a specialty occupation
- Providing accurate job, salary, and funding details
- Covering required legal and government filing fees
- Notifying VIS of any changes to the position
When to Contact VIS
You should contact VIS early if:
- You plan to hire or retain a foreign national employee
- You are unsure if H-1B is the appropriate visa type
Early planning is important, as H-1B processing involves multiple steps and government
review.
Important Reminder
You must ensure that the employee does not begin work until H-1B authorization is in place. Working without authorization can result in serious immigration and compliance issues.