H-1B Employees

The H-1B petition filed by MSU with U.S. Citizenship and Immigration Services (USCIS) requesting authorization to employ you. Approval is documented on Form I-797.

An H-1B visa obtained at a U.S. embassy or consulate outside the U.S.

• Required to request admission.
• Not required for Canadian citizens.

H-1B status is granted by U.S. Customs and Border Protection (CBP) when you enter the U.S. Your status is reflected on your Form I-94.

If you are outside the U.S., you will generally need to:

• Wait for your H-1B petition to be approved
• Apply for an H-1B visa (if required)
• Enter the U.S. in H-1B status

To qualify for H-1B sponsorship, both the position and the employee must meet specific requirements.

Position Requirements:

• Qualify as a specialty occupation.
• Require at least a bachelor’s degree (or higher) in a specific field.
• Require that degree as a normal requirement for the position.

Employee Requirements:

• The required education, training, and/or experience.
• Qualifications directly related to the position.

The H-1B process is a partnership between your hiring department, OISS, the U.S. Department of Labor, and U.S. Citizenship and Immigration Services.

The full process takes several months and applies to both initial H-1B petitions and extensions.

Part-Time H-1B Employment:

MSU may sponsor part-time H-1B employment if the position meets all H-1B requirements. Part-time H-1B petitions must specify a minimum number of hours per week in the USCIS petition.

Required H-1B filing fees are paid by the sponsoring MSU department and may not be charged to the employee.

Premium Processing is an optional USCIS service that expedites petition processing. The additional fee may be paid by either the hiring department or the employee, depending on the circumstances.

Employees are responsible for any filing fees associated with H-4 dependent applications. Departments are not required to pay dependent filing fees.

Refer to the USCIS website for current filing fees.

H-1B status may generally be approved for up to three years at a time and may be extended for up to a maximum of six years.

Certain individuals may be eligible to remain in H-1B status beyond six years if they are at certain stages of the employment-based permanent residence process.

Time spent outside the U.S. during H-1B status may be eligible for recapture and added back to the six-year limit.

Travel must be documented (e.g., passport stamps, entry and exit records, itineraries)

Recapture is not automatic and must be supported by evidence.

At the end of the six-year maximum of H-1B eligibility, you must either:

• Change to another immigration status, or
• Depart the U.S.

If an individual remains outside the U.S. for at least one full year, a new employer may file a new H-1B petition.

Once approved, the individual may return to the U.S. and begin a new six-year period of H-1B eligibility.

If you have questions about your remaining H-1B eligibility or possible exceptions to the six-year limit, contact OISS.

H-1B employment is approved for a specific position under specific conditions. You must consult with OISS before any changes to your H-1B employment, including:

• Job title or duties'
• MSU department
• Salary or funding source
• Work location
• Full-time or part-time status

Some changes require MSU to file an amended H-1B petition with USCIS before the change can occur. Do not make changes until OISS confirms whether an amendment is required.

Address Changes:

You must report any change of U.S. address to USCIS within 10 days of the change by submitting Form AR-11 online.

MSU may request H-1B extensions of up to three years if you remain eligible. 

Departments should begin the extension process 7– 8 months before the expiration date listed on your current I-797 Approval Notice. Early submission helps prevent gaps in employment authorization.

In most cases, an H-1B extension requires the same steps as an initial H-1B petition

If your H-1B extension is filed on time, you may generally:

• Remain in the U.S., and
• Continue working for MSU for up to 240 days while the extension is pending with USCIS.

H-1B status allows for dual intent, meaning you may work temporarily in H-1B status while also pursuing employment-based permanent residence (Green Card), if eligible.

If you are applying for permanent residence, consult OISS or your immigration attorney before traveling internationally.

Employment with another employer is permitted only if:

• The other employer files a concurrent H-1B petition, and
• USCIS approves the concurrent petition before the additional employment begins.

No work or compensation may be received from the other employer until the concurrent H-1B petition has been approved.

You may participate in occasional lectures, seminars, research collaborations, or presentations at other institutions without compensation.

You may receive reimbursement only for reasonable travel expenses, including:

• Transportation
• Lodging
• Meals

Do not accept compensation beyond expense reimbursement without first consulting OISS. Accepting payment beyond expense reimbursement is a violation of H-1B status.

If you are unsure whether a specific activity or reimbursement is allowed, consult OISS before accepting the invitation.

U.S. Citizenship and Immigration Services (USCIS) may conduct routine site visits to confirm that the information in the H-1B petition is accurate.

These inspections are not unusual and do not indicate a problem.

If you are contacted by a USCIS officer, ask for identification and notify OISS as soon as possible.

Individuals in H-1B status may enroll in individual courses while employed at MSU, provided that your employment:

• Remains your primary purpose for being in the U.S.
• Continues under the approved terms.

If you are considering enrolling in classes and are unsure whether it may impact your H-1B status, consult OISS.

Travel rules depend on your immigration status and whether you have a pending H-1B petition, extension, or amendment.

Before making international travel plans, review your immigration documents and contact OISS if you are unsure how travel may affect your H-1B status.

Pending H-1B Petitions:

If you have a pending Change of Status, do not leave the U.S. If you leave the U.S. while your change of status is pending:

• USCIS will consider the change of status request abandoned
• USCIS may still approve the H-1B petition, but:
  • You will not be in H-1B status
  • You must obtain an H-1B visa (if required) at a U.S. embassy or consulate and re-enter the U.S. in H-1B status before beginning or resuming employment
  • If you re-enter the U.S. in another nonimmigrant status while the change of status is pending, you are not considered to be in H-1B status

Extension or Amendment Pending:

If you are already in H-1B status and have a pending extension or amendment, international travel may be possible depending on your circumstances. Contact OISS before traveling internationally.

Travel Outside of the United States:

To re-enter to United States, you will need the following required documents:

• Valid passport.
• Valid for at least 6 months into the future at the time of re-entry to the U.S.
• Valid H-1B visa.

Not required for Canadian citizens:

• Original H-1B Form I-797 Approval Notice.

Recommended Documents:

• Recent pay stubs.
• Employment verification letter from MSU confirming:
  • Job title.
  • Salary.
  • Employment dates.
  • Brief description of duties.

You may request copies of the Form I-129 petition and Labor Condition Application (LCA) by emailing ebvisateam@msu.edu.

After Re-Entry to the United States:

After each entry to the U.S., download your Form I-94. 

Verify that it lists:

• Class of Admission: H-1B
• An expiration date that matches your Form I-797 Approval Notice

If there is an error, contact an OISS advisor for guidance.

Travel to Other Countries (including Canada & Mexico):

If you plan to visit another country during your trip, you may need a visa or other travel documents issued by that country. OISS cannot advise on visa requirements for countries outside the U.S.

It is your responsibility to know what documents you need to visit other countries.

Travel inside of the United States:

Note: travel within the U.S. includes travel to Hawaii, Puerto Rico, and the U.S. Virgin Islands.

When traveling within the United States, the following is required:

• Valid passport.
• Form I-94.
• Government-issued photo identification.

Recommended:

• Form I-797 Approval Notice.

You do not need:

• A valid visa.
   

Automatic Visa Revalidation allows certain visitors in valid H-1B status with an expired U.S. visa to re-enter the U.S. after a trip of 30 days or less to Canada, Mexico, or certain adjacent islands.

Automatic Visa Revalidation does not require you to apply for a new U.S. visa.

You may be eligible if you:

• Are maintaining valid H-1B status
• Travel only to Canada, Mexico, or eligible adjacent island
• Remain outside of the U.S. for 30 days or less
• Meet all other Automatic Visa Revalidation requirements

Review the official guidance from the U.S. Department of State.

H-4 status depends on the H-1B employee maintaining valid status.

If the H-1B employee’s status ends, the H-4 dependent’s status also ends.

Children lose eligibility for H-4 status when they turn 21 years old. Before turning 21, they must apply to change to another lawful immigration status to remain in the U.S.

When traveling internationally, H-4 dependents must carry:

• Valid passport
• Valid H-4 visa (if required)
• Copy of the H-1B employee’s Form I-797 Approval Notice
• Proof of family relationship to the H-1B employee

Admission to the U.S. is always determined by U.S. Customs and Border Protection (CBP).

H-4 dependent children are not authorized to work in the U.S.

Some H-4 spouses may be eligible to apply for employment authorization through USCIS based on the H-1B employee's permanent residence process.

OISS cannot determine eligibility for H-4 employment authorization or advise on individual applications. If you have questions about eligibility, consult an experienced immigration attorney.

H-4 dependents may study part-time or full-time. Children living in Michigan are generally required to attend school beginning at the age required under Michigan law.