H1B Visa General Info

Disclaimer: The information contained in this website is provided as a service to the international faculty, professional staff, employees and administrators of Binghamton University, and does not constitute legal advice on any immigration, tax, or other matter.

We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or limited to this website or any associated site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Binghamton University is not responsible for any errors or omissions contained in this website, or for the results obtained from the use of this information.

Binghamton University's Immigration Guidelines

Binghamton University (The State University of New York at Binghamton) is authorized to prepare and file petitions, applications, or correspondence with the United States Citizenship and Immigration Services (USCIS) or the Department of State (DOS) in its role as the employer. Applications by a university employee or by an employee's dependents are the responsibility of the employee as it is the employee's responsibility to ensure his or her own compliance and the compliance of his or her dependents with USCIS and DOS regulations at all times.

Binghamton University works in conjunction with specific outside counsel awarded the SUNY contract.  When in need of consultation or when the need arises for an immigration attorney to prepare certain petitions, we will work directly with the contracted immigration firm, Harris Beach PLLC.

Hiring a Foreign National

Hiring a foreign national employee differs significantly from hiring a U.S. citizen, and requires the University to obtain employment authorization in the form of an employment-based visa before the individual can work in the U.S. Human Resources will assist with obtaining the visa, working with the hiring unit, the potential employee, U.S. Dept of Labor, U.S. Dept of State and U.S. Citizenship and Immigration Services. The information in this section applies to hiring foreign nationals for non-student regular and temporary positions only, and applies to the H-1B (specialty occupation) employment-based temporary worker visa category as well as the permanent resident "green card" process.

SPECIAL NOTE:  If a department anticipates the potential hiring of a foreign national and subsequent petitioning for permanent residency, be mindful of the fact that there are specific advertising procedures which need to be followed, including at least one print advertisement along with other standard advertising methods, in order to qualify.

H-1B Visa - General Information

H1B visas generally apply to those in a specialty occupation which requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education. This classification requires a labor attestation issued by the Secretary of Labor.

SUNY Policy on Immigration

Click here for the State University of New York (SUNY) immigration policy

Related Forms and Documents

Click each form to be directed to our Forms page for a description or to print

For Hiring Department

Common Visa Categories Used To Hire/Pay International Employees on the Faculty/Staff payroll (excluding student employee titles)

For Employee