Visas & immigration

H-1B Specialty Occupation

How Hampton University sponsors international faculty and staff in H-1B status, what hiring departments need to do, and how long it takes.

Federal policy update · September 2026

What current H-1B changes mean for Hampton

Hampton is cap-exempt. As an institution of higher education, Hampton University files H-1B petitions outside the annual lottery, at any time of year.

The $100,000 entry payment is not currently being collected. A federal court vacated the September 2025 proclamation payment in June 2026, and that ruling remains in effect while the government appeals. A new proclamation in September 2026 seeks to extend the payment through September 2027, and DHS has separately proposed a new fee for cap-subject petitions that, as proposed, would not apply to universities.

These rules are changing quickly. Please contact the International Office before extending an offer or making travel plans for a new H-1B employee.

Overview

What is H-1B status?

H-1B is a temporary employment status for people working in a specialty occupation: a position that requires at least a bachelor’s degree, or its equivalent, in a specific field directly related to the job.

At Hampton, H-1B is most often used for faculty and academic appointments such as instructor, assistant professor, and research scientist. Postdoctoral researchers occasionally qualify, though most use J-1 status.

H-1B is employer-specific. An H-1B employee may be paid only by Hampton University, and only under the terms of the approved petition.

At a glance

Who files: the hiring department, through the International Office
Who approves: Department of Labor (wage and LCA), then USCIS (Form I-129)
Initial period: up to 3 years
Maximum stay: 6 years total, across all employers, with limited exceptions for green card applicants
Lead time: plan for 6 months before the start date
Dependents: spouse and unmarried children under 21, in H-4 status

The process

Six steps to an approved H-1B

The process is lengthy and involves two federal agencies. Requesting the full three-year period, when the appointment is expected to last that long, avoids an early extension filing.

Notify the International Office

Once the hire is approved, the department contacts the International Office, ideally six months before the start date. We confirm H-1B is the right status and send ‘H-1B instructions’ by email.

Complete the H-1B Hiring Package

The department and the employee submit the hiring package and supporting documents. Allow 10 business days for our review of each submission.

Prevailing wage

We determine the prevailing wage for the position. The salary must meet or exceed the higher of the prevailing wage and the wage paid to similar Hampton employees.

Labor Condition Application

We file the LCA with the Department of Labor and post notice of the filing for 10 business days. Certification typically takes about 7 business days.

Form I-129 petition

We file the petition with USCIS. Standard processing can take several months; premium processing brings a decision within 15 business days for an added fee.

Approval and start

USCIS issues Form I-797. Employees abroad then apply for an H-1B visa at a U.S. consulate. Employees already in the U.S. may change status or, if transferring from another H-1B employer, may be able to start once the petition is filed.

Who does what

Responsibilities

Hiring department & Human Resources

Alert the International Office at least 6 months before the start date, unless the department is paying for premium processing
Complete the H-1B Hiring Package with the offer letter, job description, and salary
Budget for petition fees, which are the employer’s responsibility
Tell us before any change in title, duties, hours, salary, or work location; some changes require an amended petition
Tell us right away if employment will end early. Hampton must notify USCIS and offer the reasonable cost of return transportation
Request extensions through the department chair at least 6 months before the current end date

H-1B employee

Provide your passport, degree certificates, transcripts or evaluations, and CV when requested
Do not travel outside the U.S. while a change-of-status petition is pending
Work only for Hampton and only as described in the approved petition
Report a change of address to USCIS within 10 days, and send us a copy of each new visa and I-94 record
Keep your passport valid for at least six months into the future
Talk to us before any international travel or change in your plans

Budgeting

USCIS fees for a Hampton H-1B petition

Required petition fees are paid by the hiring department. Fees shown are for Hampton as a nonprofit institution of higher education and were current in September 2026. We confirm the amount for each case against the USCIS fee schedule before filing.

Form I-129 filing fee

Reduced fee for nonprofit employers

$460

Asylum Program Fee

Nonprofit employers are exempt

ACWIA training fee

Institutions of higher education are exempt

Fraud Prevention and Detection fee

New employment and change of employer; not for extensions with Hampton

$500

Premium processing (optional)

Decision within 15 business days

$2,965

Permanent residence

EB-2 for faculty and researchers

EB-2 is an employment-based green card category for professionals with an advanced degree, or its equivalent, or with exceptional ability. For university teaching positions, the employer-sponsored route uses a Department of Labor labor certification with special recruitment rules, followed by Form I-140 with USCIS. Some researchers may qualify on their own for a National Interest Waiver.

Departments considering permanent residence sponsorship for a faculty member should contact the International Office early, since timing depends on when the candidate was selected.

Questions

Travel, extensions, and changes

Can I travel while my H-1B petition is pending?

If Hampton filed a change of status to H-1B from another status, such as F-1, J-1, or TN, do not leave the U.S. while the petition is pending. Departing generally abandons the change-of-status request. Talk to the International Office before making any travel plans.

How long can I stay in H-1B status, and how do I extend?

H-1B is granted for up to three years at a time, with a maximum of six years in total no matter how many employers you work for. Limited extensions beyond six years may be possible for people in the green card process.

To extend, your department chair emails internationaloffice@hamptonu.edu at least six months before your current end date.

I already hold H-1B status with another employer. What happens?

Hampton must file a new H-1B petition for you, even though you are already in H-1B status. In many cases you can begin working at Hampton once the new petition is filed with USCIS. We will confirm your eligibility before your start date.

What do I need to get an H-1B visa at a U.S. consulate?

After you return, send the International Office a copy of your new visa and I-94 record.

Can my family come with me?

Your spouse and unmarried children under 21 may accompany you in H-4 status. They need a copy of your I-797 approval (and their own H-4 approval, if applicable), a copy of the petition, proof of relationship such as a marriage or birth certificate, and valid passports. H-4 dependents may study; they may work only in limited circumstances.

What if my job changes or ends?

Changes to your duties, hours, salary, or work location may require an amended petition before the change takes effect, so tell us first. If your employment ends, you generally have a grace period of up to 60 days to change status, find a new sponsor, or depart. Contact us as soon as you know your plans may change.

Forms & resources

H-1B forms and official links

This page is general information, not legal advice. Last reviewed September 2026.

International Office

Planning a hire or a new arrival?

Contact us as early as possible. H-1B and J-1 cases need several months of lead time, and every case starts with a conversation about the right visa category.

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