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The H - 1B visa is  for foreign workers in “specialty occupations.”  Individuals in this category may fill permanent positions in the U.S. (including tenure track positions) that meet the following substantive requirements:
  • Theoretical and practical application of a body of highly specialized knowledge;
  • Attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the U.S.
The DHS views teachers and professors to be positions in specialty occupations. 

Foreign nationals seeking to perform services in a specialty occupation must establish that they have the qualifications to undertake the services required for that specialty occupation. As a minimum, a foreign national in a specialty occupation must establish that he or she has completed the degree required as the minimum standard for entry into the occupation in the U.S.

The main differences between the J - 1, H - 1B and O - 1 are intent and purpose.   Please refer to comparison chart for more information with respect to the differences.

The H visa is a dual-intent visa. 

  • Provides authorization to work in the U.S. up to  6 years.  Formerly, new H - visas for 
  • positions in higher education were subject to a congressionally - mandated cap, valid for each governmental year (October 1 to September 30 the next year).  Legislation passed in October, 2000, exempted higher education from the annual cap.  Renewal or transfer of H - visas are not subject to the cap, but are subject to the 6 - year total limit.
     
  • Simultaneously provides an opportunity to seek permanent residence. H visa holders contemplating filing for permanent residence are strongly encouraged to begin the application process as soon as possible after receiving the H visa.  Please contact ISSS for information and advice.
Requesting an H - 1B visa
Prior to requesting an H - 1B or H - 4 visa please review the following procedures:
H - 1B Application Process
H - 1B Application Process Flow Chart
H - 1B Original Petition for New Employment Procedures Checklist
H - 1B Extension to Continue in Same Position at KSU Procedures Checklist
Change of Status or Extension H - 1B Status (granted for another employer Procedures Checklist
H - 4 Visa: Family Members Procedures Checklist

After you have completed your review you may schedule an appointment with International Student and Scholar Services to review options and procedures, Telephone: 330 - 672 - 7980.

H - 4 visa holders: Dependents of an H - 1 visa holder are not authorized to work in the U.S. 

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