H-1B Employment at the University of Minnesota

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H-1B: The Basics

Description of H-1B Status

Qualifying Criteria for H-1B

Comparing Work Visas

H-1B Status Documents

H-1B Application Process

ISSS Procedures/Fee

Contract/Appt. Language

US Gov. Processes/Fees

H-1B Processing Times

Obtain/Extend H Status

H Transfers (Portability)

Change of Status

Persons Outside U.S.

Changes in UMN H-1B Jobs

Request to Extend H-1B

H Dependents

H-1B Annual Cap

H Regulations & Policies

Travel Outside the U.S.

Extensions Beyond 6 Years

Part-Time Employment

Consultation Policy

Taking Classes in H-1B

Change of Address Rules

H-1B Grace Period

Departure from UMN

Resources for H-1Bs

Employment-based Visas:
Comparison Chart

Int. Scholar Handbook

Int. Scholar Orientation

Contacting ISSS Staff

Print Version

H Regulations & Policies
Travel Outside the U.S.

A new or continuing H-1B employee who is in the U.S. should not travel outside of the U.S. while the petition is being processed, without first consulting ISSS.

Once you have H-1B legal status for employment at the University of Minnesota, you may need to travel abroad and return to the U.S. from time to time. For reentry to the U.S., you need to present a valid passport, a valid, unexpired H-1B visa , an H-1B Notice of Approval (Form I-797) and some other supporting documents (see the full list below).

The H-1B Notice of Approval is not the same as an entry visa. An entry visa is a sticker placed in your passport, which you obtain from a U.S. consulate outside the United States. Renewals of H-1B entry visas are no longer possible inside the United States. Canadian citizens entering the U.S. in H-1B status are exempt from the entry visa requirement. More information about the visa application process follows, including a list of documents you should carry with you whether or not you have a valid H-1B entry visa.

Most U.S. consulates have websites with information about local visa application practices. The standard visa application forms are typically available from the consulate’s website. Application forms and much more information about visas is available at Visa Application Forms site. You can also see how long you may need to wait to get an appointment to apply for a visa at Department Of State website .

If any significant changes to your employment have occurred since the H-1B was approved, contact ISSS to discuss whether those changes will affect your visa application. Significant changes could be: changes in job title, full-time to part-time, changes in employing department, changes in job duties, etc. Please contact ISSS if you have questions.

Security Advisory Opinions – In the post-9/11 world, security is the primary concern of U.S. consular officers. In their view, your timely return to work is secondary. Consulates have access to a variety of databases such as criminal activity, terrorism watchlists, etc. If you have had any problems with police, such as convictions of crimes, even arrests, these can disrupt a return to the U.S. You should contact an immigration attorney for advice BEFORE leaving the U.S. The visa issuance process requires special scrutiny for people from Iran, Iraq, Libya, Syria, Sudan, North Korea and Cuba, causing delays. Anyone from a Middle Eastern or predominantly Muslim country may receive additional scrutiny, causing delay. People who have common names may find delays caused by matching a name in one of the databases used for screening.

If you work with sensitive technology – i.e. technology with application to both military and civilian purposes, be very cautious about travel. If you work with high technology, you should carry a letter from your faculty supervisor, which explains, in detailed but layman’s terms, the following:

The nature of the research – what is the aim of the research? Where does the research funding come from? To what extent is the research already in the public domain? This type of letter will not avoid a security review, but can be useful to the agencies conducting the review and can speed the process. Some of these clearances have delayed the return of employees, usually about 2 or 3 weeks, but in a very few cases, as long as a year.

Following is a list of supporting documents you should have when:
a) applying for an H-1B entry visa or
b) for reentry into the U.S.

• I-797 Notice of Approval
• Copy of I-129 petition
• Copy of Labor Condition Application

Note: ISSS provides the above 3 items to you when the H-1B petition is approved
– you should have these items already, in other words.

• Updated letter confirming your employment position and salary. The letter offering you the position is often several months old by the time you travel and should be updated as evidence that you still have an employment position when you are applying for a visa.
• Copy of your most recent pay statement– available from Human Resources. The pay statement provides additional evidence that you in fact currently have an employment position at the U of M.
• If you previously had J-1 or J-2 legal status and obtained a waiver of the 2-year home residence requirement, you need the approval notice granting the waiver. Note: a letter from the U.S. State Department recommending the waiver is insufficient. You need the final waiver approval from the U.S. Citizenship & Immigration Services (formerly INS.)

H-1B status allows for "dual intent". Dual intent refers to the intent to use a nonimmigrant status/visa at the same time as intending to apply for an immigrant status/visa.

• A consular officer cannot deny the H-1B visa because the individual appears to have future immigrant (“green card”) intent.
• A person with H-1B status can apply for permanent residency while holding the H-1B visa.
• A person applying for an H-1B visa does not need to prove intent to return to their home country.