||H1B Visa Petition Process
|Responsible University Officer:
||Vice President for Administration and Provost and Vice President for Academic Affairs
Hiring a foreign national employee differs significantly from hiring a U.S. citizen, and requires the employing department to obtain an employment-based visa before the individual can work in the U.S. This policy applies to hiring foreign nationals for non-student regular and temporary positions only.
An H-1B Persons in Specialty Occupation visa is authorization for foreign nationals to work in the United States in specialty occupations. This type of visa requires the theoretical and practical application of a body of highly specialized knowledge requiring completion of a specific course of higher education.
- The employing department requests immigration services for the new foreign national by contacting Immigration and Visa Services in Human Resources.
- Human Resources contacts the foreign national and requests the appropriate supporting documentation for the petition:
- Diploma (including translation if necessary - highest degree only) or if expecting PhD, but do not yet have it, a letter from the University certifying when receipt of PhD is expected.
- Current curriculum vitae or resume
- If currently on J-1 visa, all IAP66 forms including I-612 approval notice granting waiver of 2 year residency requirement (if applicable)
- If currently on a F-1 visa, all I-20 forms
- If currently on H1B visa, all I-797 approval forms
- If currently on H1B visa, copies of last three months of check stubs
- Most recent I-94
- Passport page that indicates validity dates
- Current visa stamp
- Human Resources completes a Labor Condition Application (LCA 9035E) and submits it to the Department of Labor on behalf of the employing department and the foreign national.
- When the Labor Condition Application (LCA) is being submitted, a memo is drafted and sent to the hiring department to publicly post the H1B hiring for 10 business days.
- A Public Notice memo is also posted in Human Resources for the required 10 business days.
- Human Resources prepares a Public Access File with the following documentation:
- The original approved Labor Condition Application (ETA 9035E) received from Department of Labor,
- The posted Public Notice Memos from the employing department and Human Resources,
- A copy of the Wage Statement (proof of prevailing wage),
- Wage Rate Statement (specific to Incumbent), and
- Benefits Statement (one copy in front of binder covers all incumbents)
- After 10 business days of the Public Notice posting, Human Resources will complete and submit an I-129 along with the required documentation, approved LCA and filing fees to the United States Citizenship and Immigration Services (USCIS).
- Human Resources receives the I-797C Application Receipt Notice and informs the foreign national.
- Human Resources receives the I-797A (Approval), makes two (2) copies for file, emails a copy to the foreign national, and sends the bottom portion of the I-797C to the foreign national in care of their department.
NOTE: Human Resources must be in receipt of the appointment paperwork and signed offer letter.
Forms and Instructions
In support of this policy, the following forms/instructions are included:
- Appendix A - H1B Employee Information and Required Documents
- Appendix B - Immigrant Petition Categories
- Appendix C - Fees Associated with Immigrant Petitions