Time Frames vary case-by-case
Process Initiation
The H-1B process is initiated by the department, sending the required information to HR to begin the process.
Information that is needed to begin the process is:
- Name
- Current Email Address
- Anticipated start date/effective date for the H-1B
- Salary
- Department Name
- University Title of Position
- Department Representatives
HR begins a questionnaire and sends to the department to fill out. The questionnaire discusses costs, dual representation, etc.
HR begins the initiation, introducing the immigration attorney with the scholar and department requesting the H-1B. The attorney will reach out to the scholar for more questions and gives the scholar access to their online portal where they will submit documents and other correspondence to the attorney.
LCA is Filed
The attorney submits the LCA request to HR for public filing requirements per the Department of Labor. Once the notice is posted by HR, the attorney files the LCA with the Department of Labor. This step can take several days to several weeks.
H-1B Process and Fees
During this time, invoices will be sent out for the department to pay for the H-1B fees for the petition. See the Fee Chart for typical costs associated with the H-1B process.
Deemed export clearance requests are then sent to the export controls team for review. This can take anywhere from a week to several weeks to receive results back.
HR receives the OFS packet for review and signatures, then sent back to the immigration attorney to finalize the petition for the H-1B.
USCIS Receives the Petition and Begins the Adjudication Period
The H-1B packet is sent off to USCIS for approval.
USCIS sends the receipt notice for the H-1B petition to HR.
Processing times for adjudication of the petition vary greatly depending on many factors and can take six to eight months. The candidate maintains their current nonimmigration status during this period, but the candidates may not have employment authorization. If their current nonimmigrant status will expire during the adjudication period, the candidate should contact the HR Coordinator. the HR Coordinator will coordinate with the law firm to address the situation as the department may desire to premium process the petition.
For portability petitions, the receipt notice serves as employment verification that the scholar can begin work in the new position. However, the portability rules are very specific, and the law firm should confirm when the candidate may begin working for the University.
Scholars who think they may need to leave the U.S. during the adjudication period should discuss travel in advance with the HR coordinator, who will discuss it with the law firm. There are occasions when departing the U.S. after the petition is filed may adversely impact the adjudication. This issue also applies to travel by the candidate's family members.
USCIS Decision on Case
Once approved, the attorney sends HR the emailed copy of the approval notice and they send the official copy to either HR if the scholar is within the United States or directly to the scholar if they are outside of the United States and need it to gain entry. The HR Coordinator will then notify the scholar and department that the I-94, which serves as proof of the H-1B status, is available. The original I-797 approval notice is kept by HR, but can be checked out as needed for international travel, driver's license renewal, etc.
Scholars Outside the U.S.
Once the H-1B petition filed with the USCIS is approved, scholars who are outside the U.S. will need to apply for an H-1B visa at an American embassy or consulate prior to entering the United States.
Scholars Inside the U.S.
Candidates already in the U.S., and candidates who have recently arrived after obtaining their H-1B visa, will need to report to S&T HR to complete and update their From I-9. The Form I-9 Employment Eligibility Verification process cannot begin until after the offer is made and accepted. The university must complete and sign Section 2 of the Form I-9 within 3 business days of the employee's first day of employment (meaning the first day of work for pay). the employee must complete Section 1 of the Form I-9 no later than the first day of employment.