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Preparing and Filing H-1B Petition

Sponsoring departments should consult with the Office of International Services before making an offer of H-1B employment to an applicant. The OIS must determine if an H-1B visa is the best option for a particular applicant or if the applicant is eligible for H-1B status. For example, if an applicant has been in J-1 status and is subject to the two-year home residency requirement, H-1B authorization is not an option until the applicant has obtained a waiver. If the applicant is already in the United States, it is important to assess factors such as his/her current nonimmigrant status, the length of time spent in that status, and the date the status expires.