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

• Professors at all ranks and instructor,s
• 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

For detailed information about specific petition types, see the process pages linked above.

Under USCIS regulations, a specialty occupation is one that requires:

• Theoretical and practical application of a body of highly specialized knowledge
• A bachelor’s degree or higher in the specific specialty (or its equivalent) as a minimum requirement for entry into the occupation

The position itself must qualify as a specialty occupation — it is not enough for the employee to hold a qualifying degree or equivalent if the role does not require one. USCIS evaluates both the position requirements and the employee’s qualifications when adjudicating the petition.

Specialty occupations may be in fields such as: medicine and health, architecture, engineering, mathematics, physical sciences, social sciences, education, certain business specialties, certain computer science specialties, accounting, law, and theology.

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

The hiring unit must complete an Actual Wage Memorandum as part of the H-1B wage data or another source that meets DOL criteria. ISSS and the immigration attorney will determine the prevailing wage during the petition preparation process.

Some individuals who held J-1 visa status are subject to a two-year home country physical presence requirement (INA §212(e)) before they are eligible to change to H-1B status. This requirement applies to J-1 holders whose programs were government-funded, appeared on their country’s skills list, or who received graduate medical education or training.

Individuals subject to this requirement must either fulfill the two-year physical presence or obtain a waiver before an H-1B petition can be filed on their behalf. Contact ISSS about Canadian and Bermudan citizens who can enter the U.S. in H-1B status prior to receiving a waiver.

Physicians may be eligible for a Conrad 30 or Flex Waiver, which requires a commitment to work full-time for three years in an approved location. Obtaining a J-1 waiver adds approximately 8 months to the H-1B petition timeline.

Two-Year Home Country Physical Presence Requirement