H-1B Temporary Employees

Individuals holding non-immigrant status must carry their immigration documents with them at all times. Details are available here.

H-1B Posting Notices

The employer is required to notify its workforce of its intention to hire an H-1B worker. The public notice requirement must be met in one of the following ways:

For positions covered by a collective bargaining agreement, notice must be given to the collective bargaining representative; or

For positions not covered by a collective bargaining agreement, a notice must be posted in conspicuous locations at each place where the employee will be employed.

ISSS may take up to 45 Business days to complete the processing of this petition so the hiring department should submit a complete application to ISSS no later than 3 moths prior to the requested H-1B start date

The H-1B employee must meet the minimum qualifications for the position, including experience, degree, any license or certificate, and any special requirements, at the time of filing the H-1B petition. In addition, the job position must meet the definition of a "Specialty Occupation"
ISSS does not process H-1B petitions for Part-Time Faculty Positions
Missing Information will cause delays in the processing of the H-1B petition
Submission of a petition to USCIS does not guarantee approval of the petition
The Department must notify ISSS at least 30 days in advance of ANY changes in H-1B applicant's employment so that ISSS can determine if notification to the proper government agency is required.

Specialty occupation

The statutory definition of "specialty occupation" is: INA 214(i)(1)

For purposes of section 101(a)(15)(H)(i)(b), 101(a)(15)(E)(iii), and paragraph (2), the term "specialty occupation" means an occupation that requires

(A) theoretical and practical application of a body of highly specialized knowledge, and

(B) 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 United States.

Note that the statutory definition requires not only at least a bachelor's degree, but a bachelor's degree "in the specific specialty." The DHS regulatory definition of specialty occupation repeats this focus on a degree in a specific specialty:

8 CFR 214.2(h)(4)(ii)

Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

H-1B Specialty Workers

USCIS now seeks a near exact match between job offer title, duties, and candidate’s degree, only accepting alternative degrees ratified by the Department of Labor’s Occupational Outlook Handbook. For positions not yet recognized by the OOH, USCIS may accept official recognition of alternative degrees by authoritative experts in the field (e.g. professional organizations).
USCIS has been denying H-1B Petitions where the industry and employers accept a wide range of ostensibly “disparate” degrees as prerequisites for entry into the position – on the basis that a position cannot be considered a “specialty occupation” where the employer does not require a specific enough specialty.

For Hiring Departments:

See www.temple.edu/isss/international/DestinyOne.htm regarding Destiny One, our electronic application system.

For H-1B Applicants: