Important Information for Holders of H-1B Status

What you need to know to comply with various laws, rules, and regulations while holding H-1B status

Immigration and Visa Services
Office of Human Resources Management
University at Albany
Albany, NY 12222
(518) 437-4718 (Voice) 437-4731 (Fax)

Welcome to the University at Albany

International cooperation among peoples, institutions, and nations is increasingly essential for advancing the future of our common world. Your unique knowledge, skills, and culture further strengthen UAlbany's community of faculty, staff, and students. In our common pursuit of knowledge, tolerance, and understanding, we hope that while you undertake your teaching and/or research program, you will enrich our endeavors toward social, cultural, and international cooperation. We hope your stay will be a productive and happy one.

General Information

Please read through this brochure carefully. It is intended to provide you with information about important issues that you must be aware of during your stay in the United States.

The Immigration and Visa Services Section of the Office of Human Resources Management (OHRM), supports and enhances UAlbany's international goals and objectives. These goals include increasing international opportunities for faculty and research scholars and improving the climate for all international faculty, students, and staff. OHRM helps faculty, foreign scholars, and nonimmigrant visa holders employed by UAlbany to comply with federal laws, rules, and regulations permitting the employment of foreign nationals. In this capacity, OHRM is responsible for coordinating and managing the entire process involved in the employment of non-U.S. workers in teaching and research positions. OHRM also administers the legal process for any change of status of foreign nationals.

Compliance with all federal regulations increases UAlbany's credibility and ensures that its faculty and foreign national scholars are able to concentrate on their teaching and research efforts. Compliance upholds opportunities for all internationalists at UAlbany.

You have been granted H-1B status to accept an assignment or participate in a program of teaching or professional service at UAlbany.

Conditions and Length of Stay

Your H-1B status permits you to stay in the United States for a specific period of time. Unless you are given permission to extend the period, the time you are permitted to remain in the United States is limited. The specific period is shown on your I-94 (Arrival/Departure Record). Staying in the United States beyond the period authorized, or engaging in activities other than those indicated on the original petition submitted to U.S. Immigration Services (USCIS—formerly BCIS), as applicable, are considered violations of the conditions of your status. H-1B status is employer-specific. Unauthorized employment on (e.g. with the Research Foundation) and off campus could subject you to deportation proceedings by USCIS.

Immigration and Visa

If you have any questions or problems concerning your stay at UAlbany or the conditions and terms of your status, you should contact OHRM at (518) 437-4700 immediately. Any change in immigration and visa standing, if applicable, is subject to rigid rules and fixed time limits. Attention to time limits is vital. Contacts with U.S. Citizenship and Immigration Services (USCIS—formerly INS), the U.S. Department of State, including U.S. Consulates abroad, and the U.S. Department of Labor regarding your status should be made with the assistance of OHRM. Please note that if you adjusted to H-1B status from another visa status while in the United States, you do not hold an H-1B visa. The only way to obtain a visa stamp in your passport, is to go to a U.S. Consulate outside the United States, preferably in your home country, and apply for an H-1B visa to reenter the United States. Again, it is of critical importance that you contact OHRM to obtain the necessary USCIS forms to ensure that you will be able to successfully apply for an H-1B visa at a U.S. Consulate. However, before travelling abroad, you should be aware that your readmittance to the U.S. is solely at the discretion of U.S. Consular and Immigration officials. OHRM can provide you with the documents that have been necessary in the past to successfully gain readmittance to the U.S. but can provide no guarantees regarding visa issuance or readmittance to the U.S. Also, if you are planning to apply for a visa from a U.S. Consulate in Canada, you should be aware of the following warning posted on the Toronto Consulate’s web site:

 

Note: The Visa Appointment Reservation System is intended for use by persons in the U.S. and Canada. Persons physically present in the U.S. or Canada may obtain an appointment and apply for a nonimmigrant visa at one of the U.S. consular posts in Canada. Please be aware that it is generally more difficult for applicants to obtain visas when they apply outside their home country. Consular officers in Canada may be unable to properly assess the circumstances of and/or evaluate foreign documents presented by applicants who are visitors in Canada. In such cases, the consular officer may deny the visa application and recommend that the applicant return to his/her country of normal residence. For this reason, persons applying for F, M, J, H, or L visas, who are presently in the United States on a B (tourist or business) visa or on a visa waiver, are strongly advised to apply for their new visas in the country of their permanent residence.

Taxes

In the United States, the federal and state governments tax income. To find out about your tax responsibility (liability), you should contact the Payroll Section of OHRM, which is located in Room 300 of the University Administration Building and can be reached by telephone at (518) 437-4703.

Remember, you must file a tax return regardless of the amount of your income or whether your income is exempt from U.S. tax. If you need help filing your income tax return and getting your sailing or departure permit, you should go to the Internal Revenue Service, which is also located in the Leo O'Brien Federal Building.

Address Notification

While in the United States, you are required to notify USCIS of the mailing address in the United States for yourself and for your family if applicable. You are required to notify USCIS within ten days of each change of address. The forms with which to report changes of address may be obtained from any post office or USCIS office. Aliens who fail to comply with the address notification requirement may be fined or imprisoned and may face deportation, unless it is determined that the failure was excusable or not willful.

Extensions of Stay for Holders of H-1B Status/Visa

If you are eligible for, and wish to request, an extension of stay (maximum stay under H-1B status is a total of six (6) years), the following actions must be taken no later than thirty (30) days prior to the expiration date shown on your Form I-94. There is no exception to this rule. Listed below are the documents required by OHRM in order to initiate the H-1B petition process with USCIS for an extension:

  1. Filing fee of $190.00 payable to: U.S. Citizenship and Immigration Services. An additional fee of $1000.00 (separate check) is required if premium processing is being requested. Under premium processing, USCIS guarantees 15-calendar day processing of H-1B petitions as opposed to the normal 90 to 150-day processing time.
  2. Certification of highest degree (at least a Bachelors degree is required for H-1B status). Degrees from foreign institutions must be in English or include a certified translation and a certification of equivalency to a U.S. degree.
  3. Description of duties from department.
  4. Letter of renewal covering the length of the extension being requested.
  5. Letter from the department acknowledging liability for return travel costs if the alien is dismissed before the end of the period of authorized employment.
  6. Updated C.V. or resume.
  7. A copy of the applicant's passport and, if in the United States, copies of both sides of Form I-94 and copies of the following documents depending on previous visa status:
    1. For J-1 visa holders, all previously issued DS-2019/IAP-66 forms. Form must show that applicant is not subject to the two-year residence requirement.
    2. For F-1 visa holders, all previously issued I-20 forms and, for those currently on optional practical training (OPT), a copy of the Employment Authorization Document (EAD) is also required.
    3. If the H-1B applicant is also filing for dependents, Form I-539 (Application to Extend/Change Nonimmigrant Status) must be completed and signed by the applicant's spouse. The filing fee for Form I-539 is $200.00. URL: http://www.immigration.gov/graphics/formsfee/forms/i-539.htm

FICA Tax (H-1B Status/Visa Holders)

As an employee with H-1B status, you are required to pay Social Security Tax (FICA) on your earnings. After obtaining H-1B status, if you don’t immediately start noticing the deduction of Social Security Taxes (FICA) from your paycheck, you should promptly notify the Payroll Office as you will be liable for any back taxes that are not collected effective with your being granted H-1B status.

Dependents

Employment (if applicable): The spouse and/or children of employees with H-1B in most instances have been granted H-4 status. They are not permitted to accept employment unless they have received written permission from USCIS before starting to work. The Office of Human Resources Management (UAB-300) will assist and advise your spouse and/or children on receiving permission to accept employment. However, there is no guarantee that permission will be granted by USCIS. Employment without specific permission subjects your spouse and/or children and yourself to deportation proceedings.

Applying for Permanent Resident Status

The Immigration and Visa Services Section of the Office of Human Resources Management is available to assist current State-funded faculty in preparing the necessary Department of Labor and U.S. Citizenship and Immigration Services (USCIS) documents to seek Permanent Resident status on the basis of employment. There currently exists a five-tiered employment-based preference system for allocating the 140,000 immigrant visas, which are available each year to persons seeking to immigrate on the basis of employment. The University currently provides assistance in filing for the categories of Outstanding Professor or Researcher or Advanced Degree Professionals. The latter category requires obtaining labor certification from the U.S. Department of Labor, which must be filed within eighteen (18) months of original employment. Therefore, it is especially important in the case of new tenure track teaching faculty (i.e. Assistant Professors), who do not usually have the necessary credentials to apply under the Outstanding Professor or Researcher category, that they initiate the necessary labor certification process within the 18-month window specified by the Department of Labor. For a complete description of the Requirements for Immigrant (Permanent Resident) Petition in either category, please go to the following URL on the OHRM web site: http://hr.albany.edu/content/Perm_Res_Requirements.htm.


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