The sponsoring department or unit is the primary point of contact at Stanford. Departments are responsible for requesting immigration documents from the I-Center. Prospective employees should not contact the I-Center but should direct all questions to their sponsoring department.

The department or host unit determines the prospective employee's affiliation and how long the employment will last.

Eligibility

Stanford University most commonly uses the H-1B temporary professional worker category for regular academic staff positions such as tenure-track faculty members or research associates. Other regular staff positions may also be eligible such as programmer/analysts and research specialists. In rare circumstances, post-doctoral scholars may be considered for H-1B sponsorship. Stanford does not sponsor part-time H-1B positions.

Immigration law makes the H-1B category available to individuals in a "specialty occupation", that is a position "which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree (in the specialty occupation) as a minimum requirement". The H-1B employee must have met the minimum academic qualifications for the position at the time of filing of the H-1B petition.

Bars to Eligibility:

Being subject to the two year home residency requirement (212.e) , unless a waiver was granted or the 2 year home country residency requirement was fulfilled
Six year limit in H status having been reached
Not having the required minimum academic qualifications (Bachelor's degree or higher) for the position
Part-time positions

Length of Stay

An H-1B petition can be approved for an initial maximum period of three years. Extensions of up to an additional three years may be obtained. Under normal circumstances, the maximum stay permitted in H-1B status is six years. This time limit is for all employment, regardless of employer.

Please note that Stanford H-1B sponsorship cannot exceed the period of Stanford appointment.

New Employees Within the US Changing Status to H-1 or Porting H-1 to Stanford

New employees within the US changing status to H-1 or porting H-1 to Stanford may begin work no earlier than the approved date on the Stanford I-797 and no later than 30 days from the start date.

New Employees Outside the US

New employees with I-797 Notice of Approval and an H-1 visa stamp cannot enter the US more than 10 days before the start date on the I-797. Canadians may enter without the visa stamp. Employees who enter in H-1 status must be on payroll no later than 60 days after the start date on the I-797.

Obtaining the Visa Stamp

If outside the US with no H-1 visa stamp or expired H-1 visa stamp: The employee will need to make a visa appointment with a US Consulate abroad. A list of US consulates may be found here. Instructions on what to bring vary from consulate to consulate but the employee should be prepared to submit the documentation listed below.
If inside the US currently in H-1 status or other status, the employee may remain in the US for the duration of the I-94 card attached to the I-797 H-1 Approval Notice. If the employee does leave the US during the validity of the I-94 dates, the employee will need to obtain a visa stamp before re-entering the US. If the I-797 did not have an attached I-94 card, please contact the I-Center at internationalscholars@stanford.edu

List of documentation for H-1 Visa stamp

The original form I-797 - approval of H visa status as generated by the USCIS

A copy of the ETA 9035 (Labor Condition Application) as approved by the U.S. Dept. of Labor.

A copy of the signed I-129 petition as filed by Stanford University with the USCIS. The document should be signed by the employer. The I-Center preparation signature is not required.

A current letter of employment affirmation from the Stanford University department.

The employee should also be prepared to submit copies of the same documentation used to obtain the last H approval.

Quick Links:

On This Site

H-1B Visa Overview