Guidelines for H-1B Employees

In the eyes of the U.S. government, the purpose of an H-1B worker’s presence in this country is to only work for the petitioning employer, UChicago. You are eligible to work at UChicago during the validity period stated on the Approval Notice issued by USCIS. 

Upon arrival in the U.S., you must submit an electronic check in form to OIA as soon as possible.  OIA’s check-in process requires electronic copies of your visa, I-94, and your residential address in Chicago. The check-in process cannot be completed without these documents and information. 

When you arrive in the United States, a Department of Homeland Security (DHS) officer at the airport (or sea or land port, depending on your mode of travel) will create your electronic I-94 record, which indicates your non-immigrant status, authorized duration of stay, and serves as evidence of lawful status in the United States.  It is important to generate this Form I-94 each time you enter the U.S. You may also need to provide copies of the Form I-94 to your host department, or other government agencies. Electronic I-94 record can be accessed online, through the U.S. Customs website.

U.S. Customs has the authority to shorten periods of stay to match passport expiration dates. Please be sure to review your I-94 each time you re-enter the U.S.

USCIS issues updated I-94s on Changes of Status and Extension of Stay Approval Notice. Any time that you receive an I-94, in either electronically or on the paper Approval Notice, it supersedes the earlier ones.  Thus, the expiration date shown on your newest I-94 is the one you must honor.

Certain changes in the conditions of your employment may be classified as a material change, and requires your department to submit an H-1B Amendment request to OIA, which results in the filing of a H-1B amendment petition to USCIS. It is critical to notify your OIA adviser of any changes (minor or major) to your job for OIA to determine whether the change warrants notifying USCIS.

You are required to receive a copy of your certified LCA no later than your first day of employment. Typically, the LCA is issued to the employee at the time the H-1B petition is filed to USCIS.  The LCA is filed with the Department of Labor as part of the application for your H-1B status and indicates the minimum salary you can be paid.  Providing employees with a copy of their LCA is done in an effort to prevent underpayment of H-1B workers.

When traveling outside of the U.S, remember to bring the following documents to show to the USCBP Inspector at the port of reentry: (1) the original Form I-797, Notice of Approval, (2) a letter from the department verifying your employment at the University (employment verification letter), and (3) a copy of the H- 1B petition filed on your behalf.  The employment verification letter will specify your position or job title, verify that the employment remains in effect, and confirm that you will be returning to the job following the trip abroad.  An H-4 dependent spouse or child who travels without you must also carry your Form I-797 along with their Form I-797 (if they have it), a copy of the H-1B petition, and a travel letter confirming that the H-4 dependent is returning to you after their trip abroad.  If you no longer have the original Form I-797, you must apply to USCIS on Form I-824 for a replacement.  This form is available online under the section “Immigration Forms”.

Whenever you or your dependents travel outside the U.S., it is important that we obtain a copy of your new electronic I-94 record/s or paper I-94 card/s. Pease submit OIA’s Travel Re-Entry form (link) along with a copy of your electronic I-94 record or paper card immediately upon your return to the U.S.

The purpose of a visa stamp is to gain entry into the U.S. Visa stamps can only be obtained or renewed outside of the U.S.  Once you are in the U.S., you only need to obtain a visa if you leave the U.S. and the current visa in your passport has expired or the visa stamp in your passport is from a previous status (i.e. F-1 or J-1).  There is no abbreviated process for individuals who apply for a “renewal” visa.  You will need to apply for a visa while abroad if: 1) You do not currently hold a visa stamp in H-1B category (H-4 for dependents); 2) you do not have at least one entry remaining (if your visa indicates “M”, you are valid for multiple entries); and 3) the expiration date on the visa stamp has expired.  If you are a Canadian citizen, you do not need a visa to come into the U.S.

H-1B workers and H-4 dependents may reenter the U.S. from Canada or Mexico after a visit of less than 30 days by presenting (1) a valid passport containing a U.S. entry visa (even if the category of that visa is not H-1B, and even if the visa has expired), (2) a valid electronic I-94 record or paper I-94 card, and (3) a Form I-797 Approval Notice.  Depending on your nationality, you and/or your H-4 dependents may need a Canadian or Mexican visa stamp to enter either of those countries.  It is important to note that an H-1B status holder and their dependents cannot travel to the Caribbean Islands using the automatic visa revalidation program. 

An H-1B worker may work for more than one employer provided each employer files an H-1B petition with the supporting documents.  This holds true for brief employment such as lectures or consultations.  NOTE: if you have a valid H-1B Approval Notice for work at the University of Chicago (and you are maintaining your status here), you may begin working for a second employer once the new petition has been filed and you have the Receipt Notice.  You do not have to wait for the official Approval Notice to begin the additional job.

It is the responsibility of the H-1B worker to update their address with USCIS within 10 days of a move to a new address by filing Form AR-11. This form can be completed online or can be sent to USCIS via mail.  Please be sure to retain a copy of Form AR-11 for your files.  Filing this form is free of charge and you can find the most recent Form AR-11 on the USCIS website.  Please also provide your updated address information to the human resources administrator in your department and OIA.  You may do so by sending e-mail to international-affairs@uchicago.edu.

It is possible to extend your H-1B status so long as you have not maxed out your H-1B time (6 years), your employment will continue, and an extension petition was submitted to USCIS before the expiration of your current H-1B. If filed timely, you may continue working while the application is pending at USCIS. Your departmental human resource administrator must initiate an extension by submitting a request to OIA. 

Initially, H-1B status may be valid for up to three years and is renewable for a total of six. This includes time spent in L-1 status.

If an employer terminates the employment of an H-1B worker prior to the expiration date shown on the I-797 Approval Notice, that employer must offer to pay for return transportation to the worker's last place of residence outside the U.S.  The cost of transportation for dependents and the H-1B worker’s household goods are the worker's own responsibility. 

The spouse and unmarried children (under the age of 21) of an H-1B worker are eligible for H-4 dependent status.  Dependents are not eligible for employment under any circumstances, but they are free to study if they choose.  If you and your dependents are already in the U.S., it is possible to change your dependents’ status to H-4, or extend their H-4 status, through USCIS.  If your dependents are abroad (not physically present in the U.S.) then they will use your H-1B documents apply for an H-4 visa. Please visit partners and spouses page for practical information and resources at the University. 

H-1B specialty workers and H-4 dependents are only permitted to remain in the U.S. until the date shown on their electronic I-94 record/paper I-94 card (details below) or until the H-1B employee's work assignment ends, whichever comes first.  There is no grace period in H-1B status.

Overstaying your time may subject you to three penalties:

1) automatic cancellation of your entry visa if it has not already expired
2) permanent ineligibility to apply for a U.S. entry visa anywhere but a U.S. consulate in your country of citizenship or legal permanent residence; and
3) your continued presence in the U.S. will be unlawful. 

If you remain unlawfully present in the U.S. for more than 180 days, you will be barred from re-entering the U.S. from abroad for three years.  360 days of unlawful presence increases the bar to ten years.

By law, the University must withhold state and federal income tax from your salary unless you qualify for exemption under a treaty between your home country and the U.S. The University must also deduct U.S. Social Security taxes from your salary. The U.S. Internal Revenue Service usually considers H-1B workers "Resident Aliens for Tax Purposes," which means that your U.S. tax liability includes your income worldwide. Contact the Financial Services office for details or clarification via finserv-help@lists.uchicago.edu.