Monterey Institute of International Studies

H1-B Temporary Worker

Here you will find information about the H-1B Temporary Work Visa.

H-1B: Visa Overview

The H-1B is an employment-based, non-immigrant status that allows a foreign national to come to the U.S. and temporarily perform services in a specialty occupation. A specialty occupation is one which requires the theoretical and practical application of a body of highly specialized knowledge to perform the occupation.

H-1B employment is site specific according to federal law. Therefore, H-1B professionals may only be employed by the MIIS department that submitted the H-1B petition. No other employment, on or off campus, is permitted without separate approval by the U.S. Citizenship and Immigration Service (USCIS).

The federal government allows the USCIS to approve a certain number of new H-1B petitions each federal fiscal year. The Monterey Institute, as an institute of higher education and research, is exempt. Therefore, H-1B petitions processed by MIIS are not subject to this quota.

H-1B status for Faculty, Researchers, and Staff

The Institute may consider H-1B status for you if the position for which you are being considered if: 

  • 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 home residency 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 International Students and Scholar Services (ISSS) Office when contemplating such an arrangement.