The H-1B visa is an employment-based, non-immigrant visa for a "specialty workers." At minimum, H-1B positions must require a bachelor's degree or higher and must be catagorized professional level. H-1B visas can be requested for a period of up to three years initially, with a total duration of six years.
The application for a H-1B visa is a three-step process. (1) The prevailing wage must first be obtained from the State Employment Security Administration (SESA). (2) Then, a Labor Condition Application (LCA), attesting to various work and wage conditions, must be filed with the Department of Labor (DOL). Once these requirements have been fulfilled, (3) the I-129 application and the approved LCA can be filed with the United States Citizenship and Immigration Service (USCIS) in Lincoln, Nebraska. Ball State departments should allow at least 4 months for this process. Upon approval, a notice will be sent to CIP who will inturn notify the deparment. Employment is not legal until approval is received.
The department and the H-1B visa holder must be aware that H-1B employment is allowed only for the specific Ball State department and specific job described in the application. The H-1B visa holder is not allowed any other type of employment (including additional employment in another Ball State department, tutoring, translating, self-employment, etc.). Any change in the approved employment may require that a new/amended application be filed with USCIS. Prior to any change in job title, duties, responsibilities, etc. the department should contact The CIP to determine if a new application must be filed.
In addition, it is always a good idea to carry a copy of the I-129 application.