Information About H-1B Visa


 

Maximum time allowed on H-1B status is 6 years

  • The documents are required well in advance of the anticipated date of employment and/or expiration of the scholar's current visa status.
  • H-1B visa holders are subject to social security deductions (FICA). Holders of H-1B status are considered "resident aliens" for federal tax purposes, and are therefore taxed on worldwide income and are subject to the same tax rates, deductions, and exemptions as are U.S. citizens. Specific rules and filing requirements apply according to the date the scholar arrives in the United States and/or the date on which the scholar changes to H-1B status from another status. Tax related questions should be discussed with the MIT Payroll Office.

Who can we sponsor on the H-1B

  • The H-1B visa is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation.
  • A scholar must be at a certain level in order to be considered for H-1B sponsorship: (1) academic staff or (2) Sponsored Research Staff, Research Scientist and above. Scholars with Postdoctoral Fellow, Research Fellow, Visiting Scholar, Visiting Scientist, and Visiting Engineer titles are not eligible for sponsorship. Among others who do not qualify are administrative, library, technical and support staff, computer positions, undergraduates, scholars subject to the two-year home residence requirement (unless a waiver is obtained), and individuals who are not funded at the required level through MIT funds.
  • Please be aware that MIT will not sponsor an H-1B petition for every current or prospective MIT employee, and there will be cases in which an individual is ineligible for H-1B status.

Processing H-1B

  • Please notify Elsye Luc if you have a scholar that possibly may need to be on an H-1B.

An H-1B Approval is Employer-Specific

  • This means that when the International Scholars Office (ISchO) submits an H-1B petition for a particular scholar and USCIS approves it, the approval only authorizes the scholar for that particular MIT employment and affiliation. Conversely, a scholar who has an H-1B approval for another employer is not automatically eligible for affiliation at MIT.

H-1B Processing Time

  • The processing time for H-1B is 4.5 to 6 months from the time that ISchO sends the packet to the U.S. Citizenship and Immigration Services (USCIS).

H-1B Premium Processing

  • An additional fee of $1,440.00 is paid for processing time between 15-20 days.