• Specialty Occupation: a specialty occupation is an occupation that requires: 

• The theoretical and practical application of a body of highly specialized knowledge; and 

• The attainment of at least a bachelor’s degree in a directly related field (or its equivalent). 

• Employer Specific: An offer from a specific U.S. employer is required. If an international wishes to “transfer” from one employer to another, the new employer must file an H-1B petition for that person before s/he can change jobs. 

• Position Specific: H-1B visa/status is granted based on the specific terms of the specific position. Should there be changes in any of the terms of the position; an amended H-1B may be required.

   

Please contact the International Office to discuss the new terms and to determine whether a new amended H-1B petition is required. 

• Compliance with DOL Labor Condition Application (LCA) regulations: The U.S. Department of Labor (DOL) regulations require that Meharry meet or exceed a pre-determined minimum prevailing wage and that the employee be compensated with employment benefits equivalent to that of any other employee in the same position and level. 

• Dual Intent: The H-1B visa/status type carries “dual intent” which means that the holder may intend to return to his/her home country or intend to immigrate to the United States. 

• Persons not Eligible for H-1B visa/status: Internationals subject to 212(e) 2 year home residence requirement are not eligible for H-1B visa. 

• Length of Stay: An H-1B petition can be approved for an initial maximum period of three years. Extensions of up to an additional three years may be obtained. This six year time limit is for all employments, regardless of employers.