H-1B information for international scholars
The H-1B category is designed for the temporary employment in a "specialty occupation". A specialty occupation is defined as one that requires a "theoretical and practical application of a body of highly specialized knowledge" along with at least a bachelor's degree or its foreign equivalent in the field required for the position.
The H-1B employee must be able to meet this requirement and possess a minimum of a bachelor degree in that field. In some cases a combination of education, specialized training and experience can be used to fulfill this condition. In addition, the employer must meet the prevailing wage required by the Department of Labor and pay the higher of: the prevailing wage or the actual wage. The "actual wage" is defined as the average salary for employees with the same title and similar educational background employed in the same institution.
Applying for H-1B status
The OISS will assist departments with applying for H-1B status through a University-approved immigration attorney. The process consists of the following steps:
- Prevailing wage. Determining a prevailing wage for the position
- Certified Labor Condition Application. Securing a certified Labor Condition Application (LCA - Form ETA9035)
- I-129 form. Filing I-129 form with supporting documentation with the U.S. Citizenship and Immigration Services (USCIS) Service Center in California
- Apply at U.S. Consulate. Upon approval of the petition, if the employee is outside the U.S., they may apply for an H-1B visa at the U.S. Consulate. This step is not required for those in U.S.
Role of the department in H-1B status petitions
The department is responsible for the collection of documents and ensuring payment of fees to the attorney and USCIS.
- The department will contact the OISS (Adilia Ross at email@example.com and Puja Shrestha at firstname.lastname@example.org) to request the immigration attorney referral form.
- Once the referral form is submitted to OISS, OISS will send the department the selected attorney’s intake form. The department is responsible for getting the formcompleted and sending the form with supporting documents to OISS for the attorney contact.
- Export Control Evaluation form. The Export Control Evaluation form must be completed by the employing department and submitted to the Office of Sponsored Projects.
- A copy of the form approved by the Office of Sponsored Projects must be sent to OISS before the referral request is sent to the attorney.
- OISS will send the referral request along with the intake form and supporting documents to the attorney.
- OISS will also notify Human Resources of the referral.
- LCA Announcement form. The LCA Announcement form should be posted for 10 days in two places where "similarly employed workers" may congregate and the informationon the announcement must be the same as that given in the addendum and on the wage determination form. The attorney will send the department the forms to post. A copy of the announcement should be included in the packet sent to OISS and the form should beposted no later than the time of sending the documents to OISS.
Role of OISS in H-1B status petitions
OISS currently does not have the staff to provide in depth advice on H-1B requirements; we may be able to answer general questions. We initiate communication between the immigration attorney and the department for H-1B petitions. We also maintain a public inspection file on each H-1B worker required by the Department of Labor. Please contact OISS at email@example.com with questions.