H-1B Information for Departments
H-1B Visa Status
**The material on this web page is for informational purposes only. Nothing on this website should be construed to be legal advice, and you should not act or refrain from acting on the basis of any content on this web page without seeking appropriate legal advice. **
H-1B visas are used for temporary employee status for individuals working in a specialty occupation (one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement”). H-1B sponsorship also requires that employers pay a prevailing wage or the actual wage, whichever is higher.
The initial H-1B visa may cover a period up to three years. Since this six-year limit is strictly enforced, it is important to plan accordingly. The six-year limit includes time spent on the H-1B at another institution. It may be possible to begin another six-year period as an H-1B after the individual has spent at least one year outside the United States. Persons who have held J-1 or J-2 status and are subject to the two-year home country residency requirement are not eligible for H-1B status until the two-year requirement is either fulfilled or waived.
To be eligible for H-1B status, you must have:
- A minimum of a Bachelor's degree or equivalent in a specialty field (or higher degree if job requires); and
- Applied for and received an offer letter for a position at Utah State University
- Checklist and Documents – The Petitioner (Department) will contact the Office of Human Resources to discuss sponsorship of a candidate for employment. Once it is determined that the candidate can and will be sponsored, both the Department and Beneficiary (Applicant) complete checklists and send required documents to the Human Resources Office.
- Prevailing Wage and Foreign Labor Certification Data – The Human Resources Office gathers required wage information.
- Notices of Intent to Hire – Both the Department and Human Resources Office will post a Notice of Intent to Hire for 15 days.
- Labor Certification Application (LCA) Posting – Human Resources files a LCA Posting Notice for the Applicant.
- H-1B Petition Form(s) – Human Resources fills out required H-1B Petition forms and assembles documents for submission by mail to appropriate USCIS Service office.
- Receipt Issued by USCIS – Human Resources Office will receive a receipt from USCIS Service Center, which bears a 9-digit reference number.
- H-1B Petition Receipt Noticel – An approval notice (Form I-797) is issued to the Applicant. The Form I-797 shows dates of validity for the foreign worker to work in H-1B status for the Applicant.
Start - Checklist are turned in with required documents
1 day - Prevailing Wage and Foreign Labor Certification Data
15 days - Notices of Intent to Hire is filled out and sent to department to be posted and is posted in the HR office. (The USU Department Head for which the beneficiary ultimately works will need to sign a “petitioner’s letter,” and a number of other federal forms. The USU Human Resources Office will provide these forms).
7 business days - Labor Certification Application (LCA) Posting Notice is filled.
3-4 days – HR fills out and mails H-1B Petition Form(s).
1– 11+ Months – To receive approved H-1B approval notice (Form I-797) based on Processing:
Regular Processing – about 8-12.5 months
Premium Processing – 15 calendar days up to 3 months
*Timeline is subject to change under USCIS mandate.
The USU Department is responsible for sponsoring (paying) for the H-1B status.
A list of the application fees and a short description are as follows:
|Fee||Cost as of 11/2019|
|Fraud Prevention and Detection Fee||$500|
|I-129 Application Fee||$460|
|Credentials Evaluation Report (if applicable)||$100-250+|
|I – 539 Application Fee for dependents (if applicable)||$370 and an additional + $85 per dependent for a Biometric Fee|
|Government Premium Processing Fee||$1440|
|HR Processing Fee||$600|
The USU Human Resources Office will send an invoice for reimbursement to the requesting department when the H-1B application has been requested. A Banner Index number is required before Human Resources Office will begin the H-1B application process. The Index number should be submitted with the Department request.
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