H-1B temporary workers are defined as persons who will perform services in specialty occupations on a temporary basis. The Immigration Act of 1990 defines specialty occupation as: "an occupation which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation." To qualify as a "specialty occupation" the position must meet the following requirements. All five criteria must be met:
- A baccalaureate or higher degree (or its equivalent) is normally the minimum requirement for entry into the particular profession.
- The degree requirement is common to the industry.
- The employer must normally require a degree or its equivalent for the position.
- The job duties must be "so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree."
- The position's level of responsibility and authority must be "commensurate with professional standing."
At the University of Idaho, the H-1B immigration category is used most commonly for tenure-track faculty positions, but can also be used to employ international faculty and staff in permanent or temporary teaching and/or research positions, coaching positions and some permanent classified or exempt positions (depending upon the position). Some of the more common categories are: professor, associate professor, assistant professor, instructor/lecturer, assistant research professor, post-doctoral research associate, research assistant, and associate in research levels.
Note: Persons who hold, or have held, J-1 or J-2 status and are subject to the two-year home country residency requirement are not eligible for H-1B status until the two-year requirement is either fulfilled or waived.
Processing of H-1B1 Petitions Please note that all H-1B1 petitions for employment at the University of Idaho must be processed by the Office of International Student, Scholar and Faculty Services. Processing of H-1B1 petitions for employment at the University of Idaho by outside attorneys is not permitted. See
checklist to begin the process.
Additional H-1B Information
