Please submit a complete H-1B application to OISS at least 120 days in advance of the proposed employment start date.
Required Information from the Department
- H-1B Department Form A
- A detailed copy of the position including job duties and responsibilities, minimum education, professional requirements, and the salary offered
- A copy of the job advertisement
- A copy of the job offer letter given to the employee
Required Information from the Foreign National
- H-1B Scholar Form B
- A copy of the diploma for the highest degree attained (or an official transcript which documents the awarding of the highest degree attained; all documents not in English must be accompanied by an official, certified translation; in some cases, it may be necessary to have an equivalency evaluation of these credentials done by an outside credentialing agency)
- Copies of passports for yourself and any family members. Send only copies of the following pages: biographic information page showing your name, date of birth, picture, etc.; page containing the passport expiration date; pages with any U.S. visas.
- If you are in the U.S., send copies of your most recent Form I-94 (Record of Arrival and Departure)
- If you have been in the U.S. previously as a student or exchange visitor, send copies of all DS-2019 and I-20 forms issued to you
- If applicable (mostly for those previously in H-1B status), copies of all Forms I-797 (Notices of Action) ever issued to you
- A copy of your most recent C.V. (curriculum vitae)
Filing the H-1B Petition
After receiving an H-1B Application from the sponsoring department, OISS will submit a Labor Condition Application (LCA) to the Department of Labor. After the LCA has been certified, OISS will file an H-1B Petition with USCIS to request permission to employ the foreign national in H-1B status.
The H-1B Petition must include:
- Form I-129, H Classification Supplement, H-1B Data Collection and Filing Fee Exemption Supplement;
- The Certified Labor Condition Application;
- A university support letter which includes a detailed description of the job duties and minimum salary offered, the exact dates of employment, and the employee’s qualifications for the position as described.
- Additional information concerning the employee’s qualifications for the position and proving current non-immigrant status (if currently in the U.S.)
USCIS imposes fees for filing all immigration-related petitions. Because the application is filed by the employer on behalf of the employee, the hiring department is responsible for the payment of all filing fees which must be submitted with the H-1B petition. OISS will notify the department to obtain a check as the case proceeds.
Premium Processing Fees
USCIS will expedite an H-1B petition approval for an additional “premium processing” fee of $1,440. This fee is in addition to the regular filing fee. USCIS promises adjudication of an H-1B petition within 15 days of receipt when this additional fee is paid at the time of filing. Normal processing time without “premium processing” can take many months.