Eligibility for Sponsorship

Overview

All H-1B sponsorship requests must be processed through OVIS. Outside attorneys may not file H-1B petitions on behalf of current or prospective Dartmouth employees without the authorization of OVIS.

Dartmouth will sponsor current and prospective international employees for H-1B status if they meet certain eligibility criteria. Dartmouth will file H-1B petitions for full-time, salaried employees with long-term appointments, including:

  • Tenured and tenure-track faculty
     
  • Lecturers with full-time, long-term appointements
     
  • Research assistant professors
     
  • Research scientists
     
  • Certain other senior research and professional staff where the position requirements and the individual meet the regulatory criteria for H-1B classification

Hiring departments must initiate the H-1B sponsorship process. The department, in coordination with OVIS and the individual, must provide documentation to establish that the offered position is a specialty occupation (the position requires at least a bachelor’s degree in a specific field of study) and that the individual holds the requisite credentials for the position.

The department is also required to offer a salary to the individual that meets the Department of Labor's "prevailing wage" for the position. The U.S. Citizenship & Immigration Services (USCIS) makes the final determination on whether or not the individual is qualified for H-1B classification.

If the individual is in the U.S. in another nonimmigrant visa status, he/she cannot begin working for Dartmouth until the H-1B petition is approved by USCIS.

An individual who is subject to the J-1 two-year foreign residence requirement may not be eligible for H-1B status under immigration regulations.

If the individual is in the U.S. in H-1B status, he/she cannot begin working until the H-1B petition has been filed with USCIS and notification of receipt of the petition issued by that agency. An individual in H-1B status with another employer is not automatically eligible for employment with Dartmouth.

An individual currently in H-1B status with another employer may have limited time left before reaching the six-year maximum period of permissible stay in the United States. OVIS will review the available remaining H-1B time before authorizing H-1B sponsorship.

Any material changes to the H-1B employment, including job duties, job location or salary must be communicated to OVIS before the change becomes effective. An amendment to the current H-1B petition may be required. H-1B employees cannot move from full-time to part-time.