All FTE (Full-Time Equivalent) designations are eligible for H-1B sponsorship by NIH. Non-FTE designations are ineligible for H-1B sponsorship by NIH.                        

However, some individuals in non-FTE designations (e.g., Guest Researchers or Collaborators) may be sponsored in H-1B status by an outside employer and authorized for placement at NIH. Refer to our page on Selecting a NIH Designation for additional information.
                      

H-1B status may be granted for a total of up to six (6) years in increments of up to three (3) years at a time. There is no minimum duration for H-1B requests; however, initial FTE appointments at NIH must be greater than one year to incur eligibility for all federal government benefits. Extensions of status are dependent upon continued IC employment offers, subject to NIH policy parameters. (For example, Research Fellows and Clinical Fellows are limited by NIH’s 5-year/8-year Duration Rule.                        

Extensions of H-1B status beyond six years are permitted in limited situations for H-1B employees seeking lawful permanent residence, to include:                        

1. Extensions of up to one (1) year beyond the 6th year if, by the requested H-1B extension start date, 365 days or more will have passed since the filing of an employment-based (EB) immigrant petition (Form I-140).*   
   or 
2. Extensions of up to three (3) years beyond the 6th year if the H-1B employee is the beneficiary of an approved EB immigrant petition and is not eligible to file to adjust status to U.S. permanent legal residence or obtain an immigrant visa abroad based on the Department of State Visa Bulletin in effect at the time of filing the H-1B extension.    

An individual becomes ineligible for these extensions if:                        

• Their adjustment of status or immigrant visa application is approved or denied  
• They do not file for adjustment of status or apply for an immigrant visa abroad within 12 months of a visa number becoming available  
• The underlying EB petition is revoked or denied for any reason  

Additional notes about H-1B status duration:                        

• The 6-year H-1B “clock” will reset if the employee remains outside of the United States for a period of at least one full year  
• Time spent outside of the U.S. during the dates of an approved H-1B petition may possibly be recaptured if sufficiently documented  

*At the request of the sponsoring IC, DIS can file EB immigrant petitions seeking lawful permanent residency (LPR) for those who meet NIH’s LPR sponsorship requirements. Scientists wishing to pursue LPR status without NIH sponsorship or with questions about porting an immigrant petition filed by a previous employer or via self-petition should consult a qualified immigration attorney.
                      

The spouse and unmarried children (under age 21) of the H-1B employee are eligible for H-4 dependent status. Refer to our guidance on FTE Dependents                         

Dependent Work Authorization                          

Dependent family members in H-4 status may study, but they are unauthorized to work unless they have an Employment Authorization Document (EAD). H-4 dependents are only eligible for an EAD in limited circumstances.
                      

Review our visual overview of the H-1B Process. See also our Non-FTE to FTE Designation Conversion page, if applicable.                         

To request H-1B sponsorship of a prospective or current NIH FTE employee, Institute/Center administrative staff must submit a case to DIS. We encourage case submission to DIS at least 6 months before the target start date for all cases, and 8 – 12 months in advance for individuals requiring J-1 waivers. DIS will submit the H-1B petition to U.S. Citizenship and Immigration Services (USCIS) for processing.
                      

Congress sets an annual limit or “cap” on the number of new H-1B workers in the United States each year. However, as a government research organization, NIH is not subject to this annual cap and is not limited to only filing H-1B petitions during “cap season.”                         

NIH employees in H-1B status who change employers from NIH to the private sector may become subject to the cap. Consult your prospective employer for additional guidance.
                      

Inside the U.S.                        

For individuals already in the U.S. in another immigration status, USCIS must first approve a change of status to H-1B. To change status within the U.S., the individual must be maintaining their current non-immigrant status. Scientists currently at NIH in a non-FTE position should refer to our Non-FTE to FTE Designation Conversion guidance.                     

Outside the U.S.                        

Individuals outside the U.S. may apply for H-1B/H-4 visas at the U.S. Embassy or Consulate in their ​country of nationality or residence after USCIS has approved an H-1B petition. The employee and accompanying family members will obtain the H-1B/H-4 visas in their passport and enter the U.S. in H-1B/H-4 status. To schedule a visa appointment and obtain application information, contact the appropriate U.S. Embassy or Consulate. Refer to our Getting Your Visa guidance for additional information Foreign nationals who are exempt from the visa requirement may enter the United States directly in H-1B status on the basis of the H-1B petition approval notice.
                    

H-1B Temporary Workers are eligible for an initial period of up to three years and extensions of up to three years, for a total of six years of H-1B status. The six years begin when the employee obtains H-1B status within the U.S. Extensions beyond six years are permitted in limited situations - contact DIS early if an employee intends to remain at NIH beyond their 6^th year in H-1B status.                         

To request an H-1B status extension:                         

1. 1. The Institute/Center (IC) submits a renewal case to DIS on behalf of the NIH FTE employee reflecting the requested duration of extension. All items on the DIS renewal case checklist are required (even those previously submitted to DIS for a prior H-1B petition). 
2. After DIS receives the renewal case, it is assigned to an Immigration Specialist (IS). The IS prepares the H-1B petition and provides specific guidance to the employee regarding additional documentation, filing fees, international travel, dependent family members, and related issues.
3. DIS must submit a complete H-1B petition to USCIS for each extension request. DIS processing time is 45 business days, from the receipt of a complete renewal case to submission to USCIS. USCIS processing time is not included in these 45 days and varies widely. For current USCIS processing times, refer to the USCIS website (Form I-129, California Service Center).     

 Timing considerations:                                 

• Discuss renewals within the IC approximately eight months before the current H-1B status end date. This allows sufficient time for DIS and USCIS processing.
• Early renewal case submission to DIS is important - DIS must submit extensions before the status expiration date listed on the most recent I-94 record.
• Ideally, extension cases should be submitted to DIS about six months before the current employment end date, as DIS can submit extensions to USCIS as early as six months before the current status expires.

An employee in H-1B status may continue to work at NIH for an additional 240 days beyond the expiration of their current status, provided DIS files a timely H-1B extension petition with USCIS on their behalf. For additional information, refer to our guidance on the 240-Day Rule.
                      

Dual Intent                         

H-1B status benefits from the concept of "dual intent,” meaning that anyone applying for an H-1B visa at a U.S. Consulate is not required to prove intent to return to their home country. Most other non-immigrant visa classifications do not benefit from dual intent. H-1B holders may seek a change of status to any other non-immigrant or immigrant status for which they are eligible. H-1B status does not make one subject to the 212(e) Requirement.                      

Pay and Taxes                         

As FTE employees, H-1B workers sponsored by NIH will earn a salary. USCIS requires extensive wage documentation for H-1B petitions. H-1B workers must be paid the higher of the “actual wage” and the “prevailing wage”. The actual wage is the wage rate paid by the employer to all other individuals with experience and qualifications similar to those of the H-1B nonimmigrant for the specific employment in question. The prevailing wage rate is the average wage paid to similarly employed workers in a specific occupation in the area of intended employment.                      

H-1B employees will owe U.S. income taxes on any income received during the period of employment. Income taxes are assessed at both a state and a federal level. The United States has Income Tax agrements or treaties with several nations that may exempt some individuals from certain types of U.S. tax. FTE employeesIndividuals in H-1B status are also subject to Social Security taxes from the date they start working. See our Taxes webpage for more detailed information.                      

Status vs. Visa                         

The terms “visa” and “status” are often used interchangeably, but they are actually distinct. A “visa” is the foil sticker issued by a U.S. Embassy or Consulate and placed in a passport; it is necessary for entering the U.S. “Status” refers to one’s official immigration classification in the U.S. as indicated on the I-94 record. The I-94 record may be issued by U.S. Customs and Border Protection (CBP) at a port of entry or may be affixed to an I-797 approval notice from USCIS. It is possible to have multiple visas in one’s passport, but an individual can only have one immigration status while in the U.S.                      

It is important to understand the difference between visa expiration date and status expiration. One’s visa may expire while remaining in the country, but one’s status should not. A visa must be valid at the time a traveler seeks admission to the United States, but the expiration date of the visa has no relation to the length of time a temporary visitor may be authorized to remain in the United States. Refer to the Department of State What the Visa Expiration Date Means page for additional guidance. Conversely, status expiration governs the length of time a foreign national is permitted to remain in the United States.
                   

What is an H-1B?     

A H-1B is a non-immigrant visa classification that allows the temporary employment of foreign national workers who will perform professional services in a “specialty occupation” for a specific employer. 

What is a “specialty occupation”?     

A specialty occupation is one that requires the theoretical or practical application of a body of highly specialized knowledge in fields of endeavor, such as physical or life sciences, medicine and health, etc. It also requires the attainment of a baccalaureate or higher degree or the equivalent in education and experience. 

At NIH, however, H-1B positions require a doctoral-level degree. 

When does NIH sponsor H-1B temporary workers?     

Assuming the individual meets the requirements described above (What is a specialty occupation?) the individual must be approved by an NIH Institute/Center/Office (ICO) for an appointment to a federal employee position (known as an “FTE” or full-time equivalent). Common employee positions are Research Fellow, Staff Scientist, or Investigator - Tenure-track. 

Additional information about the use of H-1B sponsorship at NIH is available here.  

Visiting Fellows at the NIH are not employees and are therefore ineligible for NIH H-1B sponsorship. 

Individuals subject to 212(e) (i.e. the J-1 Exchange Visitor two-year home country physical presence requirement) are also ineligible for an H-1B until they satisfy this requirement. Review our website section about the two-year requirement for more information.  

How do I obtain a full-time equivalent (FTE) position so that NIH can sponsor me for an H-1B?   

Check with your NIH sponsor/supervisor or your administrative office for available FTE positions within your ICO. Additional guidance can be found here.

Once the FTE appointment has been approved, the ICO must send a request or case to the NIH’s Division of International Services (DIS) to obtain H-1B sponsorship. There are a number of steps involved in the sponsorship process that include outside government agencies, such as the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS). Visit our website to learn about these agencies and processing times. Please note that processing times can change without notice. Each case is unique, so times will vary.

I am a Visiting Fellow sponsored by the NIH as a J-1 Exchange Visitor. Can NIH sponsor me for an H-1B?   

H-1B sponsorship is not available to Visiting Fellows (since fellows are not considered NIH FTE employees).​

You may be eligible for H-1B sponsorship, however, if you are approved for appointment to an FTE position and meet H-1B eligibility. You must also satisfy the 212(e) requirement before you are eligible for H-1B sponsorship.

My Institute/Center/Office has approved me for an FTE position. What documents must the IC send to DIS for the approved FTE case?    

Your ICO must send us the documents listed on our Visiting Scientist (FTE) checklists. Work with your ICO’s administrative office on the required documentation. Primarily, you will need to complete the Scientist Worksheet, which you will provide to your ICO for inclusion with the FTE case.

My ICO sent the approved FTE case to DIS. How long does it take to process/obtain an H-1B?    

To learn about processing times, visit our ​website. Please note that processing times can change without notice. Each case is unique, so times will vary.  

DIS recommends that ICOs submit H-1B sponsorship cases approximately 6-8 months prior to the prospective start date.

Does being subject to the J-1 two-year home residence requirement affect the time it takes to process an H-1B?    

Yes. The scientist must satisfy this requirement before they are eligible for an H-1B status. Scientists satisfy this requirement by either returning to their home country/country of last permanent residence for an aggregate of two years or by obtaining a waiver. A waiver of the J-1 two-year home residence requirement should be initiated at least 6-8 months prior to the date that the DIS must file the H-1B petition with the USCIS.

What are the fees involved with the H-1B?  

Visit the USCIS website for current fee amounts. The ICO must pay the I-129 filing fee. 

Can the H-1B process be expedited (premium processing)?  

Yes – USCIS offers an expedited service known as Premium Processing for an additional fee, paid by the beneficiary employee. If premium processing is being considered, please consult with DIS.  

Who pays for the USCIS premium processing and H-1B filing fee?  

The H-1B filing fee is paid by the employer. DIS will issue the filing fee to be included with the H-1B petition and will charge the ICO accordingly. The beneficiary employee is responsible for the premium processing fee, if desired and if it is not considered a business necessity. Note that payment of premium processing only expedites adjudication at USCIS. It does not expedite processing by DIS or other government agencies involved in the process, such as the Department of Labor. Visit the ​USCIS website for current fee amounts.

Can I travel internationally while my change of status to H-1B is pending with the USCIS?  

Travel is not recommended in this situation. If you must travel during this time, consult with DIS.

I have been offered H-1B sponsorship at NIH. What do I need to do for my family members?  

Family members are eligible for H-4 dependent status. Family members are defined as your spouse and/or unmarried children under age 21.

Provide your family's information to your ICO's administrative officer so that their information is included with the approved FTE case sent to DIS. Be sure to fully answer item “IV. Family Information" on the Scientist Worksheet, which you will provide to your ICO for inclusion with the FTE case. 

Do my family members have to be in H-4 status?  

Family members can have their own independent status if they qualify for it. Keep in mind, however, that your dependents must always maintain lawful status while in the U.S.

Can my H-4 dependents work in the U.S.?  

H-4 dependents cannot automatically work in the U.S. Only a limited number of H-4 dependents may be eligible to apply for Employment Authorization with USCIS, if the principal H-1B employee has reached certain stages of their green card application. For more information, please consult the USCIS website section: Employment Authorization for Certain H-4 Dependent Spouses. 

Can my H-4 dependents attend school?  

H-4 dependents may study part- or full-time. However, some schools may have special requirements, such as changing to a student visa classification. Contact the school for more information. Remember H-4 status for dependent children ends at 21 years old.

Can my H-4 dependents volunteer at NIH?  

Depending on the type of activity, the H-4 dependent may or may not be able to volunteer at NIH. Permissible volunteer activities for H-4 dependents are ones that are open to any person who wants to volunteer and would not displace a U.S. worker. For example, volunteering with the NIH Clinical Center's Patient Volunteer Ambassador Program would be a permissible, recognized volunteer activity.

However, H-4 dependents cannot be Special Volunteers at NIH. Special Volunteers do not fit the above description because they provide a service to NIH, such as research services, direct patient care, clerical support, technical assistance, or any other necessary service for NIH. NIH receives a benefit from the unpaid service. Such service requires permission to work.

I have been approved for H-1B status. What rules must I follow? In other words, how do I maintain my H-1B status?  

Details on maintaining H-1B status are available on the DIS website. 

I have been approved for H-1B status. Can I travel internationally?  

Yes - please review our H-1B Travel page for guidance. 

How long can I remain in H-1B status?  

H-1B status is valid for the duration listed on your  most recent I-94 arrival record. The I-94 can be located on either your H-1B approval notice (Form I-797) or Form I-94 Arrival/Departure Record if you have recently travelled abroad.  You can access your electronic Form I-94 on the CBP website.  

Typically, H-1B status has a maximum duration of six years.  However, the length of your H-1B sponsorship at the NIH is dependent upon how long your ICO can sponsor you (see below - ​Can my H-1B be renewed?).

I heard that an H-1B can be extended beyond six years. How do I qualify for this?  

It may be possible to “re-capture" time you spent abroad (other than short vacation or meetings) to extend your H-1B status. Discuss eligibility for these types of extensions with DIS.

If you are the recipient of a pending or approved Form I-140 Immigrant Petition or a Labor Certification, you may qualify for an extension of your H-1B status beyond six years. More information can be found on our website. 

Can my H-1B be renewed?  

It may be possible to renew or extend your H-1B. Discuss renewals with your ICO. Please note that any renewal is contingent upon the H-1B maximum duration (see question above - How long can I remain in H-1B status?) and NIH policy duration limitations. If approved for renewal, your ICO must send the DIS a renewal FTE case by following the Visiting Scientist (FTE) checklist. 

Can I travel internationally while my H-1B extension is pending with USCIS?  

Generally, yes, but certain conditions apply. If you must travel during this time, consult with DIS prior to finalizing any international travel plans and departure. 

Can I switch to another laboratory/branch within NIH?  

It may be possible to switch to another laboratory/branch after DIS reviews and approves the change. The new laboratory/branch must send a transfer FTE case to DIS (follow the Visiting Scientist (FTE) checklist).  DIS reviews the case to see if an amended H-1B petition is necessary before you can begin work in the new lab.  

Can I engage in outside activities while under NIH's H-1B sponsorship?  

You will need approval from the NIH Ethics Program ​for any outside activities, as well as DIS approval, before beginning such activity. Provide the details of your planned activity to your Ethics office.  

Provide the details to the DIS by submitting a Request for Outside Activity. The request must be submitted before beginning the activity. 

Please note that H-1B regulations prohibit you from receiving payments from other organizations (unless you receive USCIS approval to work in H-1B status for that organization). 

Can I transfer my H-1B to another employer?  

It is possible to have another U.S. employer become your H-1B sponsor. Work with your new employer on your eligibility for H-1B sponsorship with them before resigning from your current position. In some situations, it may be possible to begin your employment with the new employer under H-1B portability provisions after the new employer has filed an H-1B petition on your behalf.

• Coming to the NIH: Carefully determine a start date with your current employer, your new NIH supervisor/sponsor, and DIS.  DIS must first receive the documents from your Institute/Center/Office to initiate this action. Once notified by DIS, complete the separation paperwork with your current employer. Your current employer would then withdraw their H-1B sponsorship effective your resignation date.
• Leaving NIH: Carefully determine a start date with your new employer and your current NIH supervisor/sponsor. Once notified by your new employer, complete the NIH separation paperwork with your ICO's administrative officer and have a termination notice sent to DIS. Upon receipt, the DIS will withdraw NIH's H-1B sponsorship effective your resignation date. Review our information on Leaving the NIH for further details.
• H-1B Portability: Your new employer can choose to begin your employment by “porting" your current H-1B approval. Certain conditions apply to invoke portability, such as the new employer must first timely file a non-frivolous petition with the USCIS to become your new H-1B sponsor (which should be filed before you resign from your current position). If you are coming to NIH, DIS will notify you if you are eligible for H-1B portability.

I am coming to NIH under my current H-1B approval (H-1B portability). Can I travel internationally while NIH's petition is pending with USCIS?  

Generally, yes, but certain conditions apply. If you must travel during this time, consult with DIS. 

Can I apply for a green card while sponsored by NIH as an H-1B?  

H-1B status allows dual intent, which means that you can pursue U.S. lawful permanent residence (LPR/green card) while maintaining H-1B status. Please see our website for more information on this topic. 

Contact DIS before taking any action that may affect your immigration status (such as applying for a green card). Please note that NIH has Ethics policies that may limit certain letters in support of a self-petitioned LPR petition.