• Requires a person with specialized knowledge;
• Your appointment will be long term or possibly permanent;
• You have at least a bachelor's degree;
• The J visa is disadvantageous to you;
• You are not subject to 212(e), the two-year homeresidency rule;
• The graduate school/research center will pay at least the prevailing wage as determined by the State Workforce Agency (SWA).

Note: It is possible for an individual to have more than one H-1B employer but the individual must be approved for each H-1B petition separately. An example of this is a scholar who is working on a project for one employer and consulting with another employer on similar material. Please consult with OIS when contemplating such an arrangement.

Dependents

It is possible for a scholar in H-1B status to have his/her family (spouse and children) in dependent H-4 status. People in H-4 status cannot be employed while in the United States. Since it is often the case that the spouse is a professional in his or her own right, care should be taken in making plans for your dependent's status.

If you are currently in the U.S. with dependents, your dependents must apply for either extension of their H-4 status or change of their current status to H-4 status when the H-1B principal applies for either extension of status or change of status. Additional fees are charged for these dependent applications. Consult OIS for more information.

Immigrant Status

International scholars who come to Monterey Institute on regular faculty appointments must eventually obtain immigrant or permanent resident status. Canadians may elect a status called TN, but this status may have undesirable tax repercussions and the scholar in TN status is not eligible for permanent residency.

Permanent residency is not easy to obtain and requires a great deal of lead-time and, in some cases, is simply not available. In many cases, it is necessary to obtain H-1B status as a bridge to permanent residence. Currently, Monterey Institute does not process legal permanent residency applications and individuals are responsible for filing their own applications. Please note that a scholar can only be in H-1B status for six years.

If you are interviewing, you should schedule some time with the advisor in OIS or with an immigration attorney. This will allow you to ask questions and discover the level of immigration services we offer.

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