H-1B Sponsorship for Tenure-Track Faculty
H-1B is an employer-sponsored nonimmigrant classification that allows a U.S. employer to petition for temporary authorization to employ a qualified individual in a specialty occupation.
Eligibility depends on both the position and the prospective H-1B employee. The position must meet federal specialty-occupation requirements, and the faculty member must possess the qualifications required for the position and the requested classification.
At CSUSB, H-1B sponsorship may be considered for eligible tenure-track faculty appointments. CSUSB serves as the petitioning employer, and any approved H-1B employment is connected to the position and employment conditions described in the university’s petition.
H-1B Sponsorship at CSUSB
An offer of employment does not by itself confirm H-1B eligibility or guarantee university sponsorship or petition approval. Each prospective case requires review of factors including:
- The position’s duties and degree requirements;
- The faculty member’s academic and professional qualifications;
- The proposed salary and applicable wage requirements;
- The intended worksite and employment conditions;
- The faculty member’s current immigration circumstances; and
- CSUSB’s applicable sponsorship procedures.
ISSS coordinates the university-sponsored immigration process. After the initial review, ISSS will initiate the applicable request in the Coyote International Portal and provide instructions to the faculty member and department.
ISSS provides institutional immigration guidance connected to CSUSB employment. It does not provide personal legal representation or private immigration legal advice.
Who May Be Eligible for H-1B Sponsorship?
H-1B eligibility requires review of both the offered position and the prospective employee. Meeting CSUSB’s institutional sponsorship criteria does not by itself establish eligibility under federal immigration requirements.
Individual Review Is Required
H-1B eligibility is determined individually. ISSS must review the position, the faculty member’s qualifications, and the requested immigration action before confirming whether CSUSB can proceed with an H-1B petition.
CSUSB sponsorship and petition filing do not guarantee approval. U.S. Citizenship and Immigration Services makes the final decision on an H-1B petition.
If H-1B sponsorship is not appropriate, ISSS may determine whether another university-supported immigration option should be considered.
How the H-1B Sponsorship Process Works
H-1B sponsorship requires coordinated action by ISSS, the hiring department, the faculty member, and other applicable university offices. The exact process and required documentation may vary according to the requested immigration action and the individual circumstances.
Recommended process steps
- Contact ISSS
- The hiring department contacts ISSS as early as possible regarding the proposed appointment and potential need for H-1B sponsorship.
- Complete the Preliminary Revie
- ISSS reviews the position, proposed employment terms, faculty member’s qualifications, and relevant immigration circumstances to determine whether the university can proceed.
- Receive the Portal Request
- If the process moves forward, ISSS initiates the applicable request in the Coyote International Portal and provides instructions to the faculty member and department.
- Submit the Required Information
- The faculty member and department complete their assigned forms and provide the requested employment, academic, immigration, and supporting documentation.
- Complete the Wage and Labor Condition Process
- CSUSB completes the applicable wage review and Labor Condition Application requirements before the H-1B petition is filed.
- Prepare and File the H-1B Petition
- After all prerequisites and required documentation are complete, ISSS prepares and submits the university’s H-1B petition to U.S. Citizenship and Immigration Services.
- Receive the Case Outcome and Employment Instructions
- USCIS reviews the petition and may issue a decision or request additional evidence. ISSS communicates the case outcome and confirms the conditions governing the faculty member’s employment.
Responsibilities During H-1B Employment
Faculty members sponsored by CSUSB are responsible for:
- Providing complete, accurate, and timely information requested by ISSS;
- Reviewing immigration documents issued in connection with the H-1B petition;
- Working only under the employment conditions authorized through the applicable CSUSB petition;
- Monitoring the expiration dates shown on their immigration documents;
- Contacting ISSS before making employment, worksite, travel, or immigration-related changes;
- Responding promptly when ISSS requests information for an extension, amendment, or other filing; and
- Informing ISSS and the hiring department about plans to resign, transfer to another employer, or otherwise end CSUSB employment.
Departments and colleges should review H-1B Department Guidance for their documentation, funding, and reporting responsibilities.
H-4 Dependents
The spouse and unmarried children under age 21 of an H-1B employee may be eligible for H-4 dependent status. H-4 status is connected to the principal H-1B employee’s status and period of authorized stay.
The CSUSB H-1B petition is filed for the faculty employee. ISSS does not prepare or file personal H-4 applications for dependent family members.
Faculty members and their dependents are responsible for preparing any required H-4 applications or may choose to work with a qualified immigration attorney. Dependent applications are separate from the university’s H-1B petition even when the applications are submitted during the same general time period.
H-4 status does not automatically authorize employment. Certain eligible H-4 spouses may separately apply for employment authorization from USCIS. An H-4 dependent must not begin employment unless the required employment authorization has been granted and remains valid.
Dependent applications and international travel may affect one another. Faculty members and dependents should carefully review their circumstances before filing an application or making travel plans. ISSS can provide general information about coordination with the university’s H-1B filing but cannot provide personal legal representation.
H-1B Extensions and Long-Term Planning
H-1B employment authorization is time-limited. Faculty members and departments should monitor the expiration dates shown on the applicable approval and admission documents and begin extension discussions with ISSS well before the authorized period ends.
Plan Before the Expiration Date
The expiration dates on an H-1B approval notice, visa, and Form I-94 may serve different purposes. Faculty members should not rely solely on the visa expiration date to determine how long they may remain or work in the United States.
Contact ISSS promptly if an immigration document contains an unexpected date or if an extension has not been initiated as an authorized period approaches its end.