USCIS will determine whether the position is a "specialty occupation" and whether the individual meets the qualifications for H-1B status. USCIS will also review the person's current legal status (within the U.S.) or eligibility to enter the U.S. as an H-1B non-immigrant (if outside the U.S.)
The hiring authority (department chair) gives the Center for Global Education the permission to sign in the H-1B petition attesting to the following information:
- The information is correct under penalty of perjury,
- Agrees to comply with the terms of the approved LCA during the entire period of the H-1B petition, and
- Agrees to pay for the reasonable cost of return transportation of the international faculty/staff member (but not the dependents) abroad if he/she is dismissed from employment for any reason before the H-1B status expires.
The Center for Global Education will work in conjunction with the hiring Department and Human Resources and Diversity to obtain the required supporting documents (listed below).
- Completed Department Request Form
- Completed Staff Immigration Intake Form
- Current Offer Letter (title, salary, duties, dates specified)
- Current resume/CV
- Diploma/degree (and transcript if field not listed; translations if not in English), including Latin; and credentials evaluation ). Note that the degree must be in the specific field required for the position.
- Publications (title page of one or two) or two reference letters, if no publications
- If the individual is currently in the United States:
- Copy of both sides of the I-94
- Copy of previous immigration documents showing the individual is in a legal status
- Copy of the information page of the passport
- If currently an H-1B all forms I-797
- If currently F-1, all forms I-20, Employment Authorization Document (EAD) if optional practical training (OPT) granted
- If currently in F-2, all forms I-20 of F-2
- If currently J-1, all forms DS-2019 (formerly IAP-66), waiver of the 2 year home residence requirement (if subject), employment authorization by sponsor
- If currently J-2, all forms DS-2019 (formerly IAP-66) of J-2) EAD (if work authorization previously granted), waiver (if spouse is subject)
- If person is currently in H-1B status with another employer, payroll statements form the past four months
- If the individual is outside of the U.S., the address of the individual and the address of U.S. consulate where the individual will apply for the visa. This information must be entered in part 4 of form I-129, and include copy of information page of passport.
All documents that are not in English, including Latin, must be translated. Translations must be accompanied by a statement from the translator indicating his/her qualifications for doing the translation. Neither the H-1B applicant nor an immediate family member may do the translation. The translator must sign the translation and type or write on the translation the following: "I certify that I am competent to translation (name of language) into English and this is an accurate translation of the original."
USCIS has recently been requesting a credentials evaluation of the highest degree that was not including those filed under Premium Processing. In order to avoid unwanted delays, we recommend that an applicant who has obtained his/her highest degree from an institution outside the U.S. or Canada obtain an official credentials evaluation. The National Association of Credential Evaluation Services has a listing of their members at: http://www.naces.org/. It is up to the hiring Department and the individual to decide who should pay the fee for the evaluation. The Center for Global Education cannot recommend one firm over another.
The basic filing fee for the I-129 is $325 and must be paid by the employing Department.
The Fraud Prevention and Detection Fee of $500 applies to all initial H-1B applications. This fee must be paid by the employing department. This fee is in addition to the basic filing fee and applies to individuals who are:
- Outside the U.S. and will apply for initial entry into the U.S. in H-1B status;
- Inside the U.S. in another status (such as J-1 or F-1) and are applying for a change of status to H-1B; and
- Inside the U.S. in H-1B status and are applying for employment with a new employer. This will not affect those who change form one Department to another within UW-Whitewater.
All fees will be requested by the Center for Global Education and then charged back to the hiring department.
Normal processing of H-1B petitions takes approximately four to five months. H-1B petitions can be expedited by paying a premium processing fee of $1,225. USCIS guarantees that they will adjudicate the petition within 15 calendar days of receiving the premium processing request. If they fail to do so, the fee will be fully refunded. Adjudication means that they will approve the petition, send a request for additional evidence, or deny it.
There is an additional form, I-907, for premium processing which must be submitted to USCIS. The Premium Processing fee of $1,225 must be paid by the employing department. The Center for Global Education can submit the premium processing request with the I-129 or it can upgrade the processing of the I-129 to premium at a later date by sending the I-907, the appropriate fee and a copy of the Receipt Notice to USCIS.
When a timey application for extension of stay is filed for a person in H-1B status. With no changes in the terms and conditions of employment, the H-1B may continue working for up to 240 days after the expiration date of the original H-1B while USCIs adjudicates the extension of the status. See 8 C.F.R. §274a.12(b)(20). Therefore, premium processing is NOT necessary for an extension with no changes. Premium processing also is not necessary for a portability case, as the beneficiary may begin employment as soon as we have the Receipt Notice form USCIs for the I-129.