H-1 Scholars

H-1B Overview & Eligibility

An H-1B is a common nonimmigrant classification used by an employer for a professional position ("specialty occupation") which meets wage requirements. See the specialty occupation definition below. In addition, the prospective H-1B employee must meet the minimum requirements of the position.

Introduction to the H-1B Category

Federal regulations require that H-1B employees be paid at or above the higher of:

The actual wage — the wage paid by the employer to other employees with similar experience and qualifications in the same position
The prevailing wage — the average wage paid to workers in the same occupation and geographic area, as determined by the Department of Labor (DOL) or another source that meets DOL criteria.

The hiring unit must complete an Actual Wage Memorandum as part of the H-1B wage determination. ISSS and the immigration attorney will determine the prevailing wage during the petition preparation process.

H-1B petitions at the University of Colorado Denver | Anschutz Medical Campus are most commonly filed for the following types of positions:

Professors at all ranks and instructors
Research scientists, research associates and other research faculty
Physicians and medical residents and fellows
Post-doctoral Fellows
Data Scientists and Research Services, Business Services and IT Professionals
Other professional positions requiring at least a bachelor’s degree in a specialty field

An advantage of the H‑1B category is that it allows dual intent, meaning an H-1B employee may (a) enter the U.S. with nonimmigrant intent, and (b) simultaneously pursue permanent residence. Unlike many other nonimmigrant visa categories, H‑1B employees are not required to prove that they intend to return permanently to their home country after their temporary stay in the U.S.

H-1B Process and Timeline

H-1B sponsorship is decided by the hiring unit, and the hiring unit initiates the H-1B process with International Student and Scholar Services (ISSS). From the time ISSS receives an H-1B request to the time the employee starts employment with the university, the timeline varies from 2 to 10 months, depending on the circumstances.

For more information on H-1B petitions filed by the university on an individual’s behalf, access the links below:

New H-1B employee: consular processing, change of status, and change of employer (porting)

Current H-1B employee: extension and change in employment

H-1B Documentation

The I‑797 Approval Notice is a two-page document from U.S. Citizenship and Immigration Services (USCIS) issued upon approval of the H-1B petition. The document includes important information such as the USCIS receipt number, the case type, the employer’s name, the employee’s name, and the dates of authorized employment in H‑1B status. When an employee changes status to H-1B, changes H-1B employers, extends their H-1B status or amends their H-1B status, USCIS includes a new I-94 with the I-797 Approval Notice, replacing the previously issued I-94. H-1B employees are highly encouraged to keep all I-797 Approval Notices permanently, as the document is required for future immigration benefits.

The I-94 determines an H-1B employee’s authorized period of stay in the U.S. I-94s are issued either by U.S. Customs and Border Protection (CBP) upon entry into the U.S., or by USCIS with an I-797 Approval Notice. The I-94 contains proof of lawful admission to the U.S. (if issued by CBP), evidence of immigration status, and confirmation of the authorized period of stay. For more information, see: Period of Stay & I-94.

The employee receives a copy of the H‑1B petition filed by the university on the employee’s behalf, including USCIS forms, supporting documentation, and the certified Labor Condition Application (LCA). Per 20 CFR 655.734(a)(3), the employer must provide a copy of the LCA to the employee, which is included in the copy of the H-1B petition sent to the employee.

The visa stamp is placed in the H-1B employee’s passport by a U.S. embassy or consulate and permits the employee to request entry to the U.S. in H‑1B status, with CBP authorizing entry. The authorized period of stay in the U.S. is determined by the I-94, not the visa stamp. If the visa stamp expires while the employee is in the U.S., the employee may remain in the U.S. lawfully until the I‑94 expiration, but a new visa stamp is needed to reenter the U.S. after traveling internationally. See Travel and Visa Stamping for the automatic revalidation exception.

H-1B Employee Rights and Protections

Wages and working conditions: Wages, job duties, FTE, and working conditions must match what the university certified in the approved Labor Condition Application (LCA).

Petition‑related fees: The university is legally responsible for paying costs associated with the H-1B petition and cannot require employees to reimburse these costs, with limited exceptions (e.g., an employee may pay for premium processing themself to facilitate travel).

Access to H‑1B documentation: H-1B employees have the right to request and retain copies of the H‑1B petition and related documents, including the LCA, for their personal records.

Anti‑retaliation protections: H-1B employees are protected from retaliation or adverse action for asserting their H‑1B rights and protections or cooperating with a government investigation or compliance review.

Termination and return transportation: If the university terminates H‑1B employment before the approval end date, it must pay the reasonable cost of return transportation to the H-1B employee’s last country of residence.

H-1B Employee Responsibilities

Communicate changes in employment: H-1B employees must promptly notify ISSS of any changes to job title, job duties, work location (incl. home worksite address), decreases in salary or change in FTE, as these changes may require filing a new H-1B petition or notice in the new work location.

Maintain lawful H‑1B status: H-1B employees are responsible for maintaining lawful H‑1B status at all times by working only as authorized and following immigration regulations (see the Maintaining H‑1B Status page for details).

Track key dates: H-1B employees should be aware of and monitor important immigration dates, including the I‑94 expiration date and the H‑1B approval start and end dates.

Update address with USCIS: H-1B employees must update their address with USCIS within 10 days of moving. You can report it online using a USCIS online account. More information is here.

H-1B Options for Physicians

Visa Option	Requirement for Employee	Clinical Privileges	Availability
H-1B resident or clinical fellow	Appropriate Colorado Medical license If not graduated from a U.S. or Canadian medical school, must have either full & unrestricted license to practice medicine in home country or graduated from foreign medical school If not a graduate of a US medical school, must pass USMLE Steps I, II, & III; demonstrate competence in oral and written English (ECFMG Certification)	Full clinical care	Granted in increments of one year to 3 years and renewable in increments of 1 to 3 years for a total maximum stay of 6 years. If full program, including residency and any fellowships, will take 5-6 years, H-1B is probably not desirable.
H-1B clinical faculty	Appropriate Colorado Medical license If not graduated from a U.S. or Canadian medical school, must have either full & unrestricted license to practice medicine in home country or graduated from foreign medical school If not a graduate of a US medical school, must pass USMLE Steps I, II, & III; demonstrate competence in oral and written English (ECFMG Certification)	Full clinical care	Clinical faculty who were J-1 alien physicians sponsored by ECFMG are not eligible for this option until granted a waiver of the two-year rule or have worked in their home country for two years after J-1 status. [Two-year Home Country Physical Presence]
H-1B of International or National Renown	Appropriate Colorado Medical License Evidence of renown Letters from experts in the field attesting to the physician’s national or international reputation as a clinician and/or scholar Proof of awards or prizes, memberships in associations requiring outstanding achievement of their members Published material about the alien’s work Participation as the judge of the work of others in the field Copies of publications Not required to have USMLE	Full clinical care	H-1B employees are limited to a total of six years in H-1B status regardless of changes in employers, and the employer may request H-1B status for no longer than three years at a time. Clinical faculty who were J-1 alien physicians sponsored by ECFMG are not eligible for this option until granted a waiver of the two-year rule or have worked in their home country for two years after J-1 status. [Two-year Home Country Physical Presence]
H-1B regular, non-clinical faculty	Meet minimum requirements of the position	Incidental patient care, if licensed appropriately	H-1B employees are limited to a total of six years in H-1B status regardless of changes in employers, and the employer may request H-1B status for no longer than three years at a time. Clinical faculty who were J-1 alien physicians sponsored by ECFMG are not eligible for this option until granted a waiver of the two-year rule or have worked in their home country for two years after J-1 status. [Two-year Home Country Physical Presence]

Tools & Resources

Schools & Colleges

CU Denver

CU Anschutz

CU Campuses

International Student & Scholar Services

Office of International Affairs

H-1B Employee Overview

H-1B Overview & Eligibility

Introduction to the H-1B Category

H-1B Process and Timeline

H-1B Documentation

H-1B Employee Rights and Protections

H-1B Employee Responsibilities

H-1B Options for Physicians

Frequently Asked Questions

International Student & Scholar Services

International Students

International Scholars

International Students & Scholars

H-1B Employee Overview

H-1B Overview & Eligibility

Introduction to the H-1B Category

Specialty Occupation

Wage Requirements

Common H-1B Job Categories

Dual Intent

H-1B Process and Timeline

H-1B Documentation

I-797 Approval Notice

I-94

Copy of H-1B petition (20 CFR 655.734(a)(3))

Visa Stamp

H-1B Employee Rights and Protections

H-1B Employee Responsibilities

H-1B Options for Physicians

Frequently Asked Questions

International Student & Scholar Services

International Students

International Scholars

International Students & Scholars