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OIS developed these FAQs to assist departments sponsoring H-1B applications. If after reviewing these FAQs you still have questions, please email [email protected] .  

H-1B General

How long can a department sponsor an H-1B applicant? 

You may sponsor an H-1B applicant for a period of up to 3 years at a time, for a total of 6 years. Note: the 6-year limit is a cumulative 6 years per individual. Under some circumstances, H-1B status can be extended beyond the 6-year limit. Please email [email protected] for more information.  

What is the shortest time we can sponsor an H-1B applicant?

H-1B sponsorship requests for a period less than 3 years are only permitted where there is a term-limit for the academic appointment or the individual has less than 3 years of H-1B sponsorship eligibility remaining. As H-1B sponsorship requires a significant investment of human and financial resources, OIS will only consider H-1B requests for less than 1 year in extraordinary circumstances.  

Can we change our H-1B employee from full-time to part-time?

Only full-time positions [37.5 or 40 hrs./week] qualify for H-1B sponsorship at JHU. As JHU only files H-1B petitions for full-time employment, H-1B employees at JHU must continue to work full–time, and in the capacity described in the approved H-1B petition to maintain their H-1B status.

Can our H-1B employee work remotely for our department from within the U.S.?

Yes, the employee can work remotely if their home address is included as a “work site” on the certified Labor Condition Application and in the H-1B petition filed by JHU with USCIS. Federal regulations require that employers list all worksites for H-1B employees on the Labor Condition Application certified by the U.S. Department of Labor and on the I-129 H1B petition submitted to USCIS.

Can our H-1B employee work remotely for JHU in H-1B status from another country? 

When the H-1B employee is physically outside the U.S. they do not hold H-1B status, and U.S. immigration rules do not apply. To determine if an individual can work remotely from another country, the hiring Department will need to consult Global HR at JHU, the office responsible for employment compliance beyond the borders of the U.S. Providing services for JHU from outside the U.S. may not be compliant from a tax and export control perspective. Further, some funding agencies will not permit work from abroad.

Is Johns Hopkins University cap-exempt?  

Yes, Johns Hopkins University, as an institution of higher education, can file H-1B petitions throughout the year without being limited to the H-1B cap.  

Can a H-1B employee continue working after their Form I-797 has expired?

An H-1B employee may continue working for JHU after the expiration of their current H-1B (as indicated by the expiration date on their Form I-797 or Form I-94) if JHU/OIS has filed an H-1B extension petition with USCIS before the expiration of the current H-1B. USCIS will permit an H-1B employee to continue working for their employer for up to 240 days while USCIS processes the H-1B extension petition.

My H-1B employee just resigned, what should I do?

If an H-1B employee resigns or is terminated, the department must notify OIS immediately. When the employee is terminated or resigns before their period of H-1B status expires, JHU/OIS must notify USCIS and DOL immediately. The employee should submit the Notification of Departure Form. The department should email [email protected] with the employee’s name [First/Last], JHED and last date of employment. 

We wish to promote an H-1B employee. Does the department need to notify the OIS?

H-1B status is employer and employment specific. Any change in the terms of employment [e.g., hiring department, position title, job duties, benefits or salary] must first be reviewed by OIS.  Material changes require JHU/OIS to submit an amended petition to USCIS before the change takes place.  

Can a Johns Hopkins Hospital employee work for Johns Hopkins University on an H-1B?

H-1B status is “employer and employment specific”. Johns Hopkins University (JHU), Johns Hopkins Hospital (JHH) and Johns Hopkins Health System (JHHS) are separate employers. OIS advises and prepares H-1B petitions for eligible JHU employees. Individuals in H-1B status who are employed by or offered employment with JHH or JHHS must consult the office of Human Resources in JHH and JHHS.  

H-1B Eligibility

How long does it take to get a H-1B? 

H-1B sponsorship requires the coordinated efforts of the H-1B applicant, the hiring Department, OIS and multiple government agencies. Please review our H-1B Sponsorship timelines for more information.  There are three general H-1B process timelines depending on the type of H-1B petition to be filed with USCIS. 

Can our department sponsor a change of status to H-1B for a J-1 scholar? 

JHU has a well-established practice, based on several immigration and employment factors, requiring that all available J-1 time is used before JHU will consider H-1B sponsorship unless the position is not compatible with J-1 status (tenure-track/tenured faculty appointment or classified staff position).  

Can our department sponsor a change of status to H-1B for an individual who is in F-1 status with approved OPT or eligible for OPT [Optional Practical Training]?

JHU has a well-established practice, based on several immigration and employment factors, requiring that all available F-1 OPT, including STEM OPT, is used before JHU will consider H-1B sponsorship for employees who are postdoctoral fellows and classified staff. Employees who are appointed to faculty may be eligible for H-1B sponsorship before exhausting all OPT, but it will be at the discretion of the Department to extend H-1B sponsorship. A change of status to H-1B from F-1 OPT may be considered when the faculty position is not compatible with OPT (e.g. tenure-track or tenured faculty).  

Can we sponsor an H-1B for an applicant who is currently outside the United States? 

Yes, JHU can file an H-1B petition with USCIS on an applicant’s behalf while they are outside of the U.S. When the H-1B petition is approved, the appropriate U.S. Consulate/Embassy/Port of Entry will be notified so that the H-1B applicant can apply for the H-1B visa stamp (unless exempt) and enter the U.S. in H-1B status to begin employment.  

Does JHU sponsor H-1B for medical residency?  

The JHU School of Medicine [SOM] has a Visa Sponsorship Policy for Clinical Training. This policy is administered by the Graduate Medical Education Office in SOM and is available on the GME’s website. It is at the discretion of the clinical training program to offer H-1B sponsorship when the applicant qualifies under the SOM Visa Sponsorship Policy for Clinical Training. 

Are all staff positions at JHU eligible for H-1B sponsorship?

No, only full-time [37.5 or 40 hrs./week], Job Level 4 staff positions that meet the USCIS definition of a “specialty occupation” qualify for H-1B sponsorship consideration at JHU. For more information, please review HR’s H-1B Staff Sponsorship policy. 

Can an employee in H-1B status with another employer transfer to JHU?  

If an individual is currently in H-1B status with another employer, they may be eligible to begin employment at JHU under “H-1B portability” when USCIS receives the H-1B petition, instead of waiting for the H-1B approval notice. Please email [email protected] for more information on “H-1B portability”.  

H-1B Process

Is there a different set of e-forms for an H-1B extension or amendment in iHopkins?

No. All H-1B sponsorship requests (initial H-1B, H-1B amendment & H-1B extension) require the same Departmental and Applicant e-forms in iHopkins. 

Where can I find a sample sponsorship letter?

Please click for the sample sponsorship letter and other resources for H-1B E-Form Departmental Users.