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H-1B Visa

An H-1B visa provides temporary status to professionals who are coming to the United States to perform services in a specialty occupation. The job must require at least a bachelor’s degree in the job’s area of specialization for entry-level proficiency.

An I-797 “Approval Notice” is the document provided for purposes of applying for an H-1B visa and entry in H-1B status. Dependents are eligible for H-4 visa classification, which does not permit employment in most situations.

Changing your H-1B employer

Once you are in the U.S. in H-1B status and you wish to transfer to another Mass General Brigham affiliate (or another employer in the U.S.), the new employer must file a new H-1B petition with the United States Citizenship and Immigration Service (USCIS) seeking permission for the new employment.

If you would like to transfer your H-1B visa status to a Mass General Brigham hospital:

  • The hiring department must submit an application to the Office for Global Professionals and Scholars (GPS). 

  • The hiring department will act as the liaison with our office if you have any questions about your change of employer petition. 

  • You will be responsible for maintaining your H-1B visa status until our office can arrange the H-1B transfer.  

  • The new employment may, in some circumstances, begin when there is confirmation of filing with USCIS. This benefit is referred to as “portability.” 

  • If USCIS approves the H-1B petition, an I-797 Approval Notice will be issued to GPS on your behalf. GPS will notify you when this approval notice is received. The H-1B is employer-specific for a defined position and a limited period of time. 

Changing to H-1B status in the United States

The Office for Global Professionals and Scholars (GPS) prepares H-1B petitions on behalf of Mass General Brigham affiliates. Visa requests must be initiated by the hiring department at the Mass General Brigham affiliated hospital. A member of the hiring department will act as the liaison with our office if you have any questions about your visa sponsorship. If you have questions about whether you are eligible to convert your current visa status to H-1B, please speak with your hiring department.  

If USCIS approves the H-1B petition, an I-797 Approval Notice will be issued to GPS on your behalf. GPS will notify you when this approval notice is received. The I-797 is expensive and difficult to replace and should always be kept for your future records.

The H-1B is employer-specific for a defined position and a limited period of time.

Obtaining an H-1B visa outside the U.S.

Obtaining H-1B visa sponsorship

The Office for Global Professionals and Scholars (GPS) prepares H-1B petitions on behalf of Mass General Brigham affiliates. Visa requests must be initiated by the hiring department at the Mass General Brigham-affiliated hospital. A member of the hiring department will act as the liaison with our office if you have any questions about your visa sponsorship. 

If the USCIS approves the H-1B petition, an I-797 Approval Notice will be mailed to you. If you are outside the United States, our office will mail the I-797 to you so you can apply for an H-1B visa stamp at an American Embassy/Consulate to be allowed to enter the U.S. in H-1B visa status (Please note: Canadian citizens do not need to obtain visas in their passport). 

Entering the U.S.

You can enter the U.S. up to 10 days in advance of your H-1B approval notice (Form I-797).  Place your visa documents in your carry-on bag because you will not have access to your checked in luggage until after you go through U.S. Immigration. 

Be prepared to give the following items to the Immigration Officer when entering the United States:

  1. Your passport, which should be valid for at least 6 months into the future

  2. Your original H-1B approval notice (Form I-797)

  3. The name and address of the hospital at which you will participate, if requested

  4. A copy the I-129 and supporting documents that were included with your I-797, if requested

After an Immigration Officer reviews the above documentation, the Officer should:

  1. Enter your electronic “Form I-94 Arrival/Departure” visa information into the government’s database

  2. Return all documentation to you

After each entry into the U.S., you must check your online I-94 record to confirm you were admitted into the U.S. in H-1B status through the expiration date listed on your I-797B approval notice. If the I-94 does not look correct, immediately contact GPS visas@mgb.org so we can assist with requesting an I-94 correction. Errors on the I-94 are common and can impact your status in the U.S. 

Keep copies of your passport, I-94, and visa documents in a safe place in case your originals are lost or stolen. The I-797 is very expensive and difficult to replace and should always be kept for your future records.

Frequently asked questions

Here are some common questions and answers about getting H-1B visas.

The H-1B visa is provided to professionals who are coming to perform in a position that requires at least a bachelor’s degree in the job’s area of specialization for entry-level proficiency. 

The average processing time is 2 months from when our office receives a complete request, and we are unable to expedite requests.

An I-797 Approval Notice will be mailed to GPS when the United States Citizenship and Immigration Service (USCIS) approves your H-1B petition. Our office will then mail the I-797 to you. Keep this document in a safe place, as you will need to present it for various reasons, including entering the U.S. and at orientation.

The longest period of H-1B status that can be requested at one time is 3 years. Extensions may be applied for and granted for a total maximum of 6 years in H-1B status. Under limited circumstances, H-1B workers with green cards pending may be eligible for H-1B status beyond 6 years.

If you have an H-1B visa, you are authorized to work only at the institution noted on your I-797. Any substantial changes in the conditions of employment (salary, title, lab, etc.) must be reported to GPS. If an H-1B employee wishes to take on any additional part-time work, the employer offering the part-time position must file an additional H-1B petition with USCIS before work may commence.

If you have an H-1B visa, your dependents are eligible for H-4 dependent status. Please note that H-4 dependents are not normally permitted to work in the U.S. In limited circumstances, applicants in the late stages of a green card application may seek work authorization for their H-4 spouse. Please discuss with your immigration attorney if you have questions about H-4 work authorization.