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Restrictions and Portability of H-1B Employment

Maximum Validity

H-1B status is limited to a maximum total duration of six years. H-1B status is available in increments of up to three years. The position is governed by the duration, rate of pay, worksite, and title listed in the Labor Condition Application (LCA). H-1B employees do not have a grace period following the termination of employment. Valid status ends on the end date listed in the approved H-1B petition, or when the employee is no longer employed in an H-1B position.

Dual Intent

Although H-1B status is designed to temporarily employ professionals, it carries a provision for dual intent, which allows an employee to work while intending to become a U.S. permanent resident. Obtain permanent residency is a lengthy process; acquiring H-1B status is therefore normally recommended to initial employees who have been offered a tenure-track position while permanent residency is sought. In some cases, other non-immigrant visa status may be appropriate for employment at the University.

Part-Time Employment

The University may file a petition to hire an H-1B employee part-time. The request for part-time employment must be specified in the initial petition, and the University is obligated to track the number of hours the employee works each day and each week. The department is responsible for monitoring the employee's hours while employed at DU.

Portability

H-1B regulations permit an employer to place an employee who currently holds or who has held H-1B status on payroll once USCIS has received form I-129. However, this provision does not guarantee that the petition will be approved. If the petition is denied, the employee must stop working when notice of denial is received.