Hiring Foreign-National Faculty

The H-1B Specialty Occupation Worker visa/status is a temporary professional employee classification. An “employer specific” and “employment specific” work authorization, the H-1 status allows legal employment with only the petitioning employer, not general work authorization in the United States, and only for the specific type of employment identified in the application petition.

As H-1B is employer specific, employment at Towson University is only possible if the prospective employee has an H-1 Approval Notice with TU as the petitioner, or a copy of the entire H petition which shows that activity at TU was a part of the position description. All sponsoring petitions must be coordinated and signed by TU's ISSO, as is a violation of Maryland state law for an outside attorney (or other legal practitioner) to prepare an H-1B petition for employment at TU. 

The H-1B subcategory is for individuals who will perform services in a “specialty occupation.” The term “specialty occupation” refers to an occupation which requires the theoretical and practical application of a body of highly specialized knowledge.

The salary for the position is an important factor in the H-1B application process. The salary offered must meet or exceed the “prevailing wage” in Baltimore County for the specific occupation, as determined by the Department of Labor’s local employment agency. The salary must also meet or exceed the “actual wage” being offered at the University for similarly employed persons.

In general, Towson University will petition the U.S. Citizenship and Immigration Services for H-1B status on behalf of tenure-track faculty who are in the United States in a legal non-immigrant visa classification status. They have attained a higher degree, are applying their highly specialized knowledge in theoretical and practical ways, and they are critical to the central, teaching mission of the university.

A non-immigrant’s status in the United States has a direct bearing on their eligibility for H-1B status. It is very important that departments consult with the ISSO early on in the faculty search process regarding a candidate’s likely H-1 eligibility and visa service needs. Providing information about the university’s H-1 policy during a faculty search is helpful. You may also inform the candidate that all offers of employment are contingent on the provision of satisfactory proof of identity and legal authorization to work in the United States. Candidates can also be referred to the ISSO director if they have questions about Towson University visa services and for a discussion of our role in the process of obtaining U.S. permanent residence. This may help the candidate with a decision to accept an offer, and the discussion can occur before or after an offer has been made.

Exceptions for staff positions are rare and require strict criteria and a vetting process. Departments wishing to request an exception to TU's policy, shall provide a job description  and salary details to determine if the position is viable for an H-1B visa. The attorney will review the information to assess viability, especially if the candidate is already in H-1B status with another employer.

If the position is deemed viable, the ISSO will request an exception to TU’s policy from the Office of the Provost. The department is required to write a justification letter explaining why the exception should be granted, highlighting factors such as: the position has been vacant for a while; the department faces hardship without filling the position; the candidate is uniquely qualified and will add significant value to TU. The candidate cannot begin working at TU until the H-1B petition is filed and approved for employment at TU.

H “portability” provisions ease the transition between jobs, but changing employers is nevertheless tricky. Individuals who have already obtained H-1B status may take advantage of the H-1B visa “portability” provisions.

If the individual has been lawfully admitted into the U.S. as a non-immigrant and has not engaged in employment without authorization since that admission, they may begin new employment as soon as a complete bona fide H petition is receipted by USCIS for the new position, if it is filed before the expiration of the current H-1 status. This may be called a “transfer” or “sequential employment,” but it does not extend the overall maximum of six years of cumulative H status, and it does not mean a briefer petition process on the part of the new employer. However, it does generally mean that not as much lead time is necessary — the new faculty member can begin teaching as long as we have gotten the Receipt Notice; we do not need to wait for the Approval Notice.

The portability provision is not perfect to the real-world circumstances of changing employers, particularly in academia. Teaching positions usually conclude at the end of the academic year in May, and new positions do not begin until August. An H-1B worker’s valid status in the U.S. depends upon the employment relationship with the H petitioner. There is no actual “grace period” between employers, as even the “10 days stay permitted at the end of employment” refers to the end of the validity period of the H status, not the last day on the job if the employee quits prior to the end of the H period of stay. Therefore, in cases of new faculty members who already have H status with another college or university, summer teaching on one of the two campuses should be discussed in order to “bridge the gap” and have the smallest amount of time between employers as possible. Perhaps the start date on the TU contract could also be moved earlier.

This matter should be discussed fully with the ISSO director before making final plans for the summer months prior to an August start date at TU. The H-1 change of employer petition requires extensive documentation of the faculty member’s current employment.