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H-1B Basics

Employment Visa

Professional Position

Position must require a bachelor’s degree or

higher

Employee must hold a bachelor’s degree or

higher in a related field

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H-1B Time Limitations

Generally limited to 6 total years

May request maximum of 3 years

for each petition

Can be extended beyond 6 years by

reclaiming time spent abroad, or if at

certain stage of “green card”

processing (labor certification

pending one year, approved I-140,

or I-140 pending for more than one

year)

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University of Virginia

Responsibilities File a Labor Condition

Application

(HRCIS completes with

information provided by the

Dept)

Document wages paid (Dept)

Maintain Public Access File

(HRCIS)

Pay return trip home for early

termination (Dept) 4

Responsible Government Agencies

USDOL

Certifies Labor Condition

Application

Regulates work conditions

Requires Job Postings

Audits Public Access file

USCIS Adjudicates H-1B

petitions (Form I-129)

Regulates and monitors

non-immigrant’s status

Requires employer to pay

return trip home 5

Prevailing Wage

The actual wage must meet 100% of the

Prevailing Wage (PW) or exceed it but can never

go below the PW.

HRCIS generally reviews sponsoring departments

position description, and minimum position

requirements, and determines proper wage via

U.S. Dept. of Labor wage guidelines for

employment at higher education institutions.

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Processing Times

Standard

Dependent Upon USCIS

California Immigration

Service Center Processing

Pace

Generally 3 to 5 months

HRCIS prefers to initiate

process 6 months prior to

first date of employment

Premium

Request case to be

adjudicated within 15

calendar days upon receipt

of petition by immigration

service center

Receive e-mail approval

notice

Receive original approval

notice, Form I-797, 7 – 10

days after e-mail approval

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H-1B Petition Types

New H-1B (Change of Status, Consular

Processing)

H-1B Extension

H-1B Transfer (Portability)

H-1B Amendment (often combined with

extension)

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New H-1B Petition

Consular Processing – foreign national

entering U.S. from abroad, allow additional

time for consular interview and processing

Change of Status – move from another visa

status, typically F1, J1, or H4

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H-1B Transfers (Portability)

Those in valid H1B status elsewhere can begin

employment at UVA only after HR/CIS

receives confirmation from USCIS that a

petition was filed.

HR/CIS prefers to have the request for the

transfer around 1 to 2 months prior to the new

employment start date.

Transfer applications are not automatically

approved so there are risks involved in the

process. 10

H-1B Extension Petitions for extensions should ideally be made no later than 6

months before the current H1B status expires.

Employment may continue up to 240 days past the expiration of

the current H1B status.

Travel outside the U.S. is not recommended while an H1B

extension is pending as USCIS may deem employee has

abandoned their H1B status.

An extension request can only be filed if the employee is currently

in the United States

Suggest upgrade to premium processing if travel is absolutely

necessary.

If employee is outside the U.S., then he/she must wait outside the

U.S. until new H1B status has been approved. 11

H-1B Amendment

Any substantial changes to position may

require filing an amended petition:

Position Title

Salary

Position Duties

Department

Hours worked

Work location (including sabbatical, temporary

assignment elsewhere)

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The J-1 Two Year Home

Residency Requirement

Many individuals in J-1 status are required to

return to their home country for two years after

completing their program.

Unless they fulfill this obligation or receive a

waiver of the requirement, they can not change

their status to H1B.

The waiver can take up to one year to obtain.

Application made by the foreign national at their

own expense.

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Department Fee

Obligations/USCIS $325 for any H1B petition, USCIS Form I-129

filing fee

$500 fraud prevention and detection USCIS

fee for all new H1B petitions and for all H1B

transfers to UVA.

The $500 fee is not imposed on H1B extension

petitions.

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Department Fees

HRCIS Processing Fees as of October 1, 2011

$800 for all H1B petitions filings.

$700 for expedited service

All USCIS and HRCIS fees, with one

exception, must be paid by the sponsoring

department. The foreign national may not

reimburse the department for these expenses.

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Additional H-1B Petition Filing Fee

for USCIS Expedite Request

Additional $1,225 fee to request Premium

Processing, USCIS Form I-907.

Request to USCIS to adjudicate an H1B

petition within 15 calendar days of receiving

the H1B petition.

The employer or employee may pay the fee.

Receive electronic approval notice that may be

used to place employee on payroll.

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H-1B Process at UVA

Departments contact the H1B advisor. The

advisor will determine if the H1B is the best

option.

Department downloads H1B Packet from

HR/CIS website

Department and foreign national cooperate to

complete and provide necessary

documentation

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UVA

H-1B PROCESSING

INS ZOOM INSZoom is a comprehensive electronic

immigration management system.

Enables electronic data transfer between

HR CIS, departments, faculty and staff.

Access to foreign nationals linked to department,

review immigration history and documents,

submit H-1B packet information through

INSZoom, track petition filing process

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Part-Time H-1B Employment

U.S. Dept. of Labor requires employers to keep

records of hours worked each day and each week

for all part-time H-1B employees.

Regardless if part-time employee is paid a fixed

salary, and regardless of whether employer

currently keeps records of its other part-time

salaried employees.

Sponsoring department must complete and return

HRCIS form:

Verification of Part-time Record Keeping

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Other H-1B Issues

Wage requirements (prevailing wage)

All financial support must come from UVA

Length of processing time

Job site specific

Expense related to expedited processing of petitions

Dependents of H1B’s (H4) are not allowed to work

No Official “Grace Period” for H1B holders after

their period of authorized stay ends, or after their

employment terminates.

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Visa Issuance for Entry to U.S.

The only place a visa stamp can be issued is at

a U.S. consulate or embassy abroad.

Renewals of H-1B visas (entry stamps in the

passport) within the U.S. are no longer

possible.

I-797 does not allow travel, but does authorize

employment while in the United States

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TRAVEL WARNING!

FOR FOREIGN NATIONALS

PLANNING TO TRAVEL ABROAD:

The U.S. Department of State (DOS) and the U.S. Department of

Homeland Security (DHS) have increased the level of review that

international visitors face at U.S. Embassies and Consulates abroad,

at airports, and at border crossing posts with Canada and Mexico.

The U.S. State Department processing time for a security screening

at a consulate abroad is currently 12 weeks, with no option

available for expediting the process.

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TRAVEL ADVISORY

Each foreign national, in consultation with their

department if appropriate, should make their own

decision regarding travel abroad.

HRCIS advises undertaking travel abroad with the

understanding that returns to the U.S. may be

significantly delayed

All foreign nationals traveling abroad should be

certain to carry documentation supporting their

current visa status.

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H-1B Visa Holder Leaving UVa?

Termination

Transfer to another institution

Leaving the United States

Departments should immediately notify

HRCIS LCA Withdrawal (USDOL)

H-1B Withdrawal (USCIS)

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When should UVa. Depts.

Contact HRCIS?

Anytime there is a change to an H-1B Visa

Holders employment situation.

Anytime an employment immigration

document needs to be signed

Prior to hiring a foreign national

Anytime . . . .

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New H-1B Developments

Export Control Attestation now required

Department must submit I-129 Export

Certification Request to Office of Export Control

Include advisory letter with H-1B petition

materials submitted to USCIS

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Q & A

Human Resources – Compliance & Immigration Services

914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127

Tim White (434) 982- 2735

E-mail: tjw5x@virginia.edu

Fax: (434) 924-3194

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