The H-1B visa is a nonimmigrant (temporary) visa. H-1B status is appropriate for both tenure-track and temporary faculty members as well as researchers. The sponsorship and application process is driven by the academic department and division. Note: A scholar interested in H-1B status should discuss eligibility with their division's academic HR representative.
The application packet contains the forms (and instructions) that the department and division need to complete. Once complete, and signed off by the divisional dean, the packet is submitted to ISSS. ISSS completes some additional documentation and submits the H-1B petition to the U.S. Citizenship and Immigration Services.
ISSS outsources to our immigration attorney some H-1B cases which we are not able to process by the requested start date. ISSS will notify the division and department for each case and send an outside counsel agreement form for the department or division account number for billing. Typical attorney charges for H-1B processing are $500-700 plus incidental charges such as copying and mailing. This is in addition to the USCIS fees which vary from $320-$820 and the optional USCIS premium processing for $1000 (see Fee Schedule below).
H-1B Documents and Forms
| H-1B Application Checklist for Initial Employment | This one-page checklist allows you to track the many forms needed for H1-B application and identifies tasks handled by ISSS. |
| H-1B Application Checklist for Concurrent Employment | This one-page checklist allows you to track the many forms needed for the application for Concurrent Employment and identifies tasks handled by ISSS. |
| H-1B Application Checklist for Extensions | This one-page checklist allows you to track the many forms needed for extensions and identifies tasks handled by ISSS. |
| H-1B Application Checklist for Portability | This one page checklist allows you to track the many forms needed for H1-B transfers from another institution. |
| H-1B Petition Request Form | A single copy of this form must be completed along with supporting documents. This request should be submitted at least 6 months before employment for new H-1B petitions and at least 4 months in advance for extensions. |
| Applying for H-4 Status | This document contains information that is useful for scholars with dependents coming to the United States. Forms and fees are discussed as well as tips to help the scholar filling out the actual forms. |
| H-1B Document Certification Form | Copies of original documents are going to be provided, the person that made the copies needs to sign and date this form to confirm the authenticity of the documents. |
| Fee Schedule and Comparison chart | USCIS requires fees to process visa applications. This document details to what party checks should be issued. If you require expedited service, there is an option for "Premium Processing." |
| H-1B Labor Relations Memo | USE ONLY for union-represented positions. |
| H-1B Labor Condition Application (Request for H-1B Petition) | The immigration act of 1990 requires all employers to submit a Labor Condition Application to the department of labor and the U.S. Citizenship and Immigration Services (USCIS). |
| Notice of intent to file a Labor Condition Application to employ an H-1B temporary worker. | |
| H-1B Prevailing Wage Request | Instructions for H-1B prevailing wage request. If the job is unionized and/or covered by a negotiated wage, use the negotiated wage and do not complete this Prevailing Wage Request Form. Currently Lecturers only. |
This one page form is used to comply with Department of Labor regulations, in case of audit. |
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| H-1B Petition Process Timeline | Timeline for H-1B Petitions for Professor and Researcher Positions. |
| H-1B Nonimmigrant Status Information Sheet | General Overview of H-1B status. |
Translated documents need to be accompanied by this signed and dated certificate indicating that the translation services have been performed by someone who is competent to translate. |
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| H1B Sample Support Letter | For use as a Sample letter for the Department Chair Letter or Principal Investigator |
| Verification of Eligibility | If scholar is currently in H-1B status with another employer, this document needs scholar's signature for Concurrent and Portability Applications. |
| H-1B Dates in U.S.A. | Scholars currently in H-1B status should fill out this form. |