6.15.1—H1B Visa Petition Process

Effective: 01/13/2014
Senate Proposal: No
Responsible University Officer: Vice President for Administration and Provost and Senior Vice President for Academic Affairs
Responsible Office: Human Resources

Introduction

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.

Process

1. The employing department requests immigration services for the new foreign national by contacting Immigration and Visa Services in Human Resources.
2. Human Resources contacts the foreign national and requests the appropriate supporting documentation for the petition:
   1. 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.
   2. Current curriculum vitae or resume
   3. If currently on J-1 visa, all IAP66 forms including I-612 approval notice granting waiver of 2 year residency requirement (if applicable)
   4. If currently on a F-1 visa, all I-20 forms
   5. If currently on H1B visa, all I-797 approval forms
   6. If currently on H1B visa, copies of last three months of check stubs
   7. Most recent I-94
   8. Passport page that indicates validity dates
   9. Current visa stamp
3. 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.
   1. 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.
   2. A Public Notice memo is also posted in Human Resources for the required 10 business days.
4. Human Resources prepares a Public Access File with the following documentation:
   1. The original approved Labor Condition Application (ETA 9035E) received from Department of Labor,
   2. The posted Public Notice Memos from the employing department and Human Resources,
   3. A copy of the Wage Statement (proof of prevailing wage),
   4. Wage Rate Statement (specific to Incumbent), and
   5. Benefits Statement (one copy in front of binder covers all incumbents)
5. 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).
6. Human Resources receives the I-797C Application Receipt Notice and informs the foreign national.
7. 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.

Appendices

• Appendix A - H1B Employee Information and Required Documents
• Appendix B - Immigrant Petition Categories

Revisions