Approval for H1B status must be attained through:

• Certification of wage and labor conditions through an employer submitted Labor Conditions Application to the U.S. Department of Labor

• An employer petition (with appropriate fees) submitted to USCIS on behalf of a proposed foreign national employee. No self-petition is permitted.

The proposed foreign national employee must possess all the qualifications required for the position (and appropriately document such) at the time the H1B petition is submitted.

Persons who are seeking to change status to H-1B who are subject to 212(e) due to a current or previous J Exchange Visitor program are NOT eligible for a Change of Status to H1B NOR are they eligible to obtain an H1B entry visa from a U.S. consulate and re-enter in H1B status. Those subject to 212(e) who wish to obtain H-1B status must fulfill the requirement or obtain a waiver of the requirement. If you are unsure if you are subject to 212(e), you may request an advisory opinion.

All specialty occupation positions to be filled by a foreign national must be based on an employment relationship, therefore, no direct external funding is permitted.

Pursuant to 8 C.F.R. § 214.2(h) (4) (iii) (E), if the employer dismisses the H-1B worker prior to the end of the period of authorized employment, the employer must pay the reasonable cost of return transportation to the alien's last place of foreign residence. Dismissal for any reason, even for cause, triggers this provision.

H1B status is tied to employment. If employment with the petitioning H1B employer ends, the H1B beneficiary is considered immediately out of status unless other steps to maintain status are/have been taken.  H1B beneficiaries should be extremely careful about maintaining their status when leaving a position and/or changing employers!

Due to Department of Labor wage obligations under the LCA, LWOP status is not permitted for H1B employees without prior approval from International Services. A case by case evaluation will be required.

H-1B status holders are permitted to study, provided they continue to maintain their H-1B status through employment. The study must be incidental to their H-1B employment and may not be the primary purpose of their stay in the U.S.

Pursuant to LSU System Policy, PM-31, H-1B/H-4 status holders may be eligible to establish Louisiana residency in order to receive in-state tuition at LSUHSC-New Orleans.

Persons granted H1B status who wish to change employers  must have their new employer file a petition with USCIS using the new employer/position information l prior to beginning new employment. New employment at LSUHSC may NOT begin before the start date on the newly filed I-129 petition. Following, a timely filed request to change employers, a grace period is permitted during which the H1B beneficiary may begin to engage in their new employment for up to 240 days until the new  employer's petition is adjudicated. If the 240 day limit is exceeded without approval or the petition is denied by USCIS, the new employment must immediately cease.

It is not necessary to wait for an approval when extending existing H1B employment without changes, with the same employer. The extension request must be filed and received by USCIS prior to the expiration of the current H1B period of validity/admission. Following, a timely filed extension request and expiration of the current H1B validity period, a grace period of 240 days is permitted during which the H1B beneficiary may continue to engage in their previously approved employment. If the 240 day grace period is exceeded without receipt of an approval or the extension petition is denied by USCIS, employment must immediately cease.

The total consecutive H1B duration available is six years, unless a  Labor Certification or Permanent Residency petition has been timely filed and/or approved.

See Permanent Residency guidelines here for information about LSUHSC sponsorship. Due to timing requirements, it is recommended that H1B status holders inquire about Permanent Residency sponsorship no later than the middle of their fourth year in H1B status.

Persons who have previously received H1B status and then remain outside the U.S. for at least one year are eligible for a new six year period of H1B availability. Remaining in/Returning to the U.S. in a status other than H-1B does NOT reset the H-1B availability period. 

More information 

In addition to the requirements of ALL non-U.S. Citizens discussed here all H1B workers who are sponsored by LSUHSC in H1B status must comply with the following.

Failure to comply with the following will be considered violations of H1B status.

Work Only as Authorized

H1B workers are authorized to work only for the entity that sponsors their H1B. If LSUHSC New Orleans sponsors your H1B, you are only permitted to perform work for LSUHSC New Orleans. Occasionally, HSC employees may be invited to give a presentation or lecture at another institution or entity in exchange for payment. While it is permissible to do a lecture/presentation at another institution, and allow them to cover any expenses associated with the invitation, it is not permissible to accept payment of any kind from any entity other than LSUHSC New Orleans. Doing so is a violation of your H1B status and will be considered unauthorized employment. Adjunct/Gratis appointments at other institutions may also be considered unauthorized employment for H1B workers sponsored by HSC.

For your benefit and to protect LSUHSC from liability for unauthorized employment, it is extremely important that you notify the Office of International Services before there is any change in your salary, hours, work location, or duties. If your department would like to make any kind of change listed above, notify OIS before any change occurs. Failure to do so may result in you performing work that is not permitted by your H1B visa, a violation of your status and a liability for HSC.

In order to maintain your H1B status, you must maintain your employment, as indicated on your H1B petition. If an H1B worker resigns from their position or are terminated, they are considered out of status the day following their last day of work for their sponsor. An unofficial ten day grace period is granted to H1B workers to allow them to leave the U.S. after they fall out of status. This grace period is not official and it is not guaranteed, so any H1B worker who remains in the U.S. after separation from employment is technically out of status and risks being considered an overstay (with resulting 3/10 year bars) unless appropriate filings have been submitted to USCIS.

As an H1B worker sponsored by LSUHSC New Orleans you are authorized to work for LSUHSC New Orleans beginning with the start date on your I-797 Approval Notice. You are authorized to work through the day on the end date indicated on your I-797 approval notice. Occasionally, CBP officers will include an unofficial ten day grace period, allowed for H1B workers to depart the U.S., when they admit H1B workers, and will indicate this on the I-94. Be very cautious about this.

For example, An H1B worker is approved for H1B status from 1/1/2012-12/31/2012 as indicated on the I-797 Approval Notice. The CBP officer at the port of entry marks the I-94 with an end date of 1/10/2013, ten days after the H1B expiration allowing the grace period. Even though the I-94 indicates the person is admitted in H1B status until 1/10/2013, the person is not authorized to work past 12/31/2012, the end date on their approval notice from USCIS. Working past this date, even inadvertently, is unauthorized employment.

If you leave the United States and re-enter with a passport whose validity is less than the H1B approval period granted by USCIS, the CBP officer may limit your authorized period of stay to the date your passport expires, or for some countries up to six months before the passport expiration date. The date put on your I-94 card by CBP automatically changes your (and your H-4 dependents') period of authorized stay. It is mandatory that we are advised and provided a copy of each new I-94 issued to you so we can ensure you do not work without proper authorization and work to resolve any issues as soon as possible.