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Faculty/Staff FAQs
This page is in the form of commonly asked questions by faculty and staff and are intended for general guidance. If you need further assistance or if your question is not addressed below, please call 512 245 7966 or email international@txstate.edu
Inviting Researchers, Professors or Specialists from Another Country-Beginning the Process
For a researcher, someone whose major activity will be to conduct research, or a professor, someone whose major activity will be instruction, or a specialist, someone who "an individual who is an expert in a field of specialized knowledge or skill coming to the US
He or she may remain at Texas State for a maximum of five years, as long as he or she has not used time at another institutions just prior to coming to Texas State, has a valid DS-2019 and continues to perform activities consistent with the specific program objectives.
How can I have the option of being able to invite an international back to Texa s State each year for several years?
For J-1 "repeat exchange visitors" program periods must be less than six months. Otherwise, the exchange visitor must wait at least one year outside the U.S. before they may begin a new program.
How can I have the option of being able to offer an international a permanent faculty position at Texas State?
Consider and be aware of the Two-Year Home Country Present Requirement. Some J-1 Exchange Visitors have this requirement which prevents them from changing to another status, like H-1 or F-1. A J-1 can apply for a waiver of the requirement. However, once the waiver is approved, no more J-1 program e xtensions are permitted and the J-1 must immediately apply for a change of status. Timing is a real consideration in this scenario. In this case, think of starting with the H-1, instead of the J-1. The H-1 status enables an international to remain in the US for as long as six years, as long as he or she is working with the entity indicated on his or her valid H-1 approval notice. Contact Jon Ahlberg at International Office Texas State, if you want to consider the H-1 status option for a faculty or staff position in your department.
Yes, but..."the payments [honoraria and reimbursement of incidental expenses] must be made by an institution of higher education or a nonprofit or governmental research organization, and must be made for academic-related services provided to that institution, provided that the services do not exceed 9 days and that the person has not accepted such payments from more than 5 institutions in the previous six-month period."
What is an H-1B?
The H-1B is a nonimmigrant classification used by a foreign national who will be employed temporarily in a specialty occupation.
What is a specialty occupation?
A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor�s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts are specialty occupations.
Is there an annual limit on the number of H-1B temporary workers?
Yes, however, institutions of higher education are exempt from this limit.
How does one apply?
H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA) with the Department of Labor attesting to several items, including payment of prevailing wages for the position, and the working conditions offered. The employer must then file a form I-129 Petition for a Non-immigrant Worker with USCIS. If the foreign national is already in the US in a different status, the approval of the I-129 constitutes a change of status to H-1B. If the foreign national is outside the US, they may apply for an H-1B visa for entry.
How long can a foreign national be employed in H-1B status?
Under current law, a foreign national can be in H-1B status for a maximum period of six years at a time. After that time, they must remain outside the United States for one year before another H-1B petition can be approved. If the employee is dismissed from employment before the end of the period of authorized stay, the employer is liable for the reasonable costs of return transportation of the employee abroad.
Who can an H-1B employee work for?
H-1B employees may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B employees may work concurrently for more than one U.S. employer, but must have an I-129 petition filed by each employer.
What if the H-1B employee�s circumstances change?
As long as the foreign national continues to provide H-1B services for a U.S. employer, most changes will not mean that the foreign national is out of status. A foreign national may change employers without affecting status, but the new employer must file a new I-129 petition for the foreign national before he or she begins working for the new employer. If a change means that the foreign national is working in a capacity other than the specialty occupation for which they petitioned, it is a status violation.
When must wages to the H-1B employee begin and for how long?
In the case of an H-1B non-immigrant for whom a petition has been approved but who has not yet begun employment, under the ACWIA statutory provision the employer's obligation to pay the required wage begins no later than thirty days after the worker is admitted to the U.S. in H-1B status pursuant to the petition, or sixty days after the person becomes eligible to work for the employer if he or she is already present in the U.S. at the time of petition approval. The employer is required by law to pay the stated salary to the employee until the end of the H-1B authorization.
Can an H-1B employee travel outside the U.S.?
H-1B authorization allows travel, however, the if the foreign national does not have a valid H-1B visa, then they must apply for one in their home county in order to be permitted to return to the US.
Can an H-1B employee intend to immigrate permanently to the U.S.?
An H-1B employee can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, the employee may travel on their H-1B visa rather than obtaining advance parole or request other advance permission from the CIS to return to the U.S.
An H-1B employee can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During the time that the application for LPR status is pending, the employee may travel on their H-1B visa rather than obtaining advance parole or request other advance permission from the CIS to return to the U.S.