Overview

You can hold H-1B status for a total maximum of 6 years, with some exceptions. This limit includes time in H-1B status from any employer, not only your H-1B time at UW-Madison. The University can petition for H-1B status for you for up to 3 years at a time, however, your department may choose to petition for less than 3 years at a time.

• Because of the 6 year limit, you must plan accordingly. It is only possible to begin another 6 years in H-1B status after you have been outside the U.S. for one full calendar year.
• There are a few exceptions to the 6 year maximum. If you are eligible for one of those exceptions, IFSS will work with your sponsoring department to extend your H-1B beyond the 6 years.

See also How to Maintain your H-1B Status.

• The H-1B is for temporary employment.  It is permissible for the employer and employee to be considering the possibility of permanent employment in the future.
• The H-1B is a 2-part test:
  1. The job must qualify. The minimum educational level required for H-1B status is a bachelor’s degree in the field of the proposed employment. Furthermore, that minimum educational requirement must be standard in the industry.
  2. The worker must be qualified for the job. You must meet the degree requirement, or its equivalent, as stated in the position description. Additionally, you must also possess any other requirements set forth in the position description, including licensure, certifications, etc.
• There must be an “employer-employee” relationship. The UW must have the ability to hire, pay, fire, supervise, or otherwise control the work of the employee. When an individual receives a fellowship or traineeship such as those granted by NIH, NSF, AHA, etc., the UW does not have an employer-employee relationship. Therefore, the UW cannot sponsor H-1B status for workers who hold the following “non-service appointments“:
  • Postdoctoral Fellow PD003 (ET2)
  • Postdoctoral Trainee PD004 (ET2)
  • Adv. Opp. Fellow SA001 (SA1)
  • Graduate Intern/Trainee PD001 (ET4)
  • Fellow SA002 (SA1)
  • Scholar SA010 (SA1)
  • Trainee SA013 (SA1)

The H-1B process is more complex than other immigration statuses. Processing times can be long and sometimes unpredictable.  There are two separate government agencies involved in H-1B visa sponsorship: the U.S. Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS).

The total processing time involves three stages:

1. UW-Madison: The hiring department at the UW must initiate the H-1B application process on behalf of the employee they wish to sponsor, and then provide the required documentation to IFSS. Additionally, you will need to provide additional documentation to IFSS who will then prepare the petition.
2. U.S. Department of Labor (DOL): the DOL process must be completed prior to submitting the H-1B petition to USCIS, but may not start more than 6 months prior to the requested H-1B start date (or the start date of the H-1B extension).
3. United States Citizenship and Immigration Services (USCIS): this is the only step that can be expedited.

IFSS processes petitions, generally, on a first-in, first-out basis to remain fair to all our campus partners who are seeking H-1Bs petitions on behalf of their employees.

Premium Processing Time

The entire process generally takes at least 3 months even using premium processing (an additional fee of $2,805).

Normal Processing Time

Normal processing can take as long as 6-8 months.

Potential Delays

Please note that processing times may also be longer because of one or more of the following:

• the petition receives a Request For Evidence (RFE)
• the petition is submitted during peak season
• documentation or information from the department and/or employee is missing
• U.S. Postal Service delays delivering receipt and approval notices

Furthermore, USCIS processing times can change without notice.

All H-1B petitions are processed through the IFSS office and must be initiated by the hiring department in Terra Dotta, our immigration software (see How to Start the H-1B Process).

You can travel abroad while in H-1B status. These recommendations will help ensure that you have a smooth trip:

• As an H-1B, you do not need a travel endorsement from the UW or IFSS.
• Check your passport, H-1B Approval Notice (Form I-797), and H-1B visa stamp to ensure that they have not expired.
  • If your passport will expire within six months, we recommend renewing it before traveling.
  • If you don’t have an H-1B visa stamp yet, or it will expire while you are abroad, you will need to visit a U.S. consulate or embassy for an interview and get a new H-1B visa stamp to return to the United States (see How to Apply for a U.S. Visa Stamp). Book early to avoid delays, but also plan for additional wait times. Visa stamping can take days, weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.
  • You may be required to pay additional visa issuance fees and other types of processing fees by the Department of State. These fees are not University paid fees. Read more about Fees and Reciprocity Tables.
• We recommend taking the following documents at minimum:
  • Your passport
  • Copies of your recent paystubs to confirm the UW is your employer, or a recent employment verification letter from your hiring department
  • Your H-1B Approval Notice (Form I-797)
  • TIP – take paper copies; do not rely on your phone to show documents electronically.
• Read for more travel tips!
• When you return to the United States, print your I-94 record (www.cbp.gov/i94) and check it for accuracy. If there are inaccuracies (name, date of birth, admit until date shorter than your H-1B expiration date), contact IFSS immediately for instructions on how to fix the I-94.
• Keep copies of travel records! We may be able to recapture the time you’ve spent outside the United States and add that time onto your H-1B in the future. Do not rely solely on the CBP online travel history since it is not an official record of travel.

If you plan to travel at or around the same time IFSS is filing an H-1B petition for you, read more about International Travel while your H-1B is pending.

If you are going to Canada, Mexico, or an adjacent island for 30 or fewer days, you may be able to re-enter the United States using an expired visa stamp. This procedure is called Automatic Visa Revalidation.

If you are traveling to a country other than your home country, you may need a visitor’s visa to enter that country. You may even need a visa for a transit stop or layover. To find out, visit that country’s embassy website and search for the nearest consulate. IFSS cannot assist with obtaining visas to enter other countries. If you are traveling for a conference, however, the conference host may have experts to assist with this. Or, the UW’s travel agent may have experts to assist as well for work related international travel.

Your spouse and unmarried children under 21 years of age may seek H-4 dependent status. See our H-4 Spouse and Children section.

Some H-4 dependent spouses of H-1B workers can file for work permission as long as the H-1B nonimmigrant has filed for permanent residency. Please visit the USCIS Employment Authorization for Certain H-4 Dependent Spouses page to learn more.

Different grace periods apply when you are in H-1B status. You cannot work or “volunteer” during a grace period.

Before employment begins

• H-1B workers can enter the U.S. ten (10) days before the start date on their H-1B approval notice.

After employment ends

• Some H-1B workers may remain in the U.S. for up to ten (10) days after employment ends if their most recent I-94 grants additional time to stay in the U.S.
• Some H-1B workers who were laid off or non-renewed before their H-1B expiration date may get a grace period of up to 60 days to get a new job at a new employer in the U.S. Please email ifss@wisc.edu to confirm if this grace period applies to you.

If you are leaving the UW, please notify your department HR and supervisor. Your department is responsible for notifying IFSS so that we can conduct a proper withdrawal of your H-1B with USCIS. However, you may send us a courtesy email to ifss@wisc.edu as well.

If your employment at the UW is being terminated before your H-1B expiration date, the employing UW department is required to offer you reasonable return transportation to your last known foreign residence. Contact IFSS for more information specific to your situation.

If you are transferring your H-1B to another employer, you must consult your new employer about the H-1B transfer application and any timelines associated with that application.

Depending on your situation, you may or may not have a grace period. Contact IFSS for more information.

Click here for answers to some frequently asked questions.

USCIS FAQs for Individuals in H-1B Nonimmigrant Status

If you have additional questions, please reach out to us at ifss@wisc.edu with “H-1B Inquiry” as the subject line.