H-1B offers formal, temporary employment for nonimmigrants employed in specialty occupation which requires “theoretical and practical application of a body of highly specialized knowledge and the 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 US" as well as a labor attestation issued by the Secretary of the U.S. Department of Labor. The National Prevailing Wage and Helpdesk Center (NPWHC) of the Department of Labor has the right to determine the “prevailing wage” or minimum wage for the position. All employers must either meet or exceed that “prevailing wage determination.”
H-1B Status is Employer-specific
- H-1B classification requires sponsorship by a specific employer.
- If an international wishes to “transfer” from one employer to another, the new employer must file an H-1B petition for that person before s/he can change jobs and before the new employer may place the individual on payroll.
H-1B Status is Position-specific
- H-1B status is granted based on the specific terms of the specific position.
- Minimal requirements necessary to carry out the duties of the position must be specified, meaning: the educational background and work experience, the specific duties of the position, appointment title, salary, terms of benefits.
- Changes in any of the terms of the position may require that an amended H-1B be filed. When contemplating any change, contact ISS to discuss the new terms and to determine whether we need to file an amended H-1B petition.