High Tech with a Human Touch
Departmental Procedure for Obtaining H-1B
Once the decision has been made to extend an offer of employment (or continued employment) to a foreign national, it is imperative that the Office of International Student and Scholar Services (ISSS) be notified as early as possible in order to obtain the appropriate work authorization on behalf of the foreign national.
ISSS will work closely with the department contact to obtain the appropriate work authorization on behalf of the foreign national. Please note, however, that U.S. immigration laws are quite complex and subject to change. Regardless of an individual's qualifications, it is not always possible to obtain work authorization, depending upon the foreign national's immigration history and individual circumstances.
Depending upon the visa status requested, the time required to obtain appropriate work authorization may vary significantly, from a few weeks to several months.
To initiate the visa application/work authorization process, the department should review, complete and submit the application materials listed below:
- Department Instructions
- H-1B Internal Request form (complete this and submit to ISSS to begin the process)
- H-1B Beneficiary Form (submit to ISSS after prevailing wage determination is completed (see Dept Instructions.)
The Department Head should then make an appointment with ISSS to discuss the petition and process involved.
Required filing fees for non immigrant petitions are as follows (effective November 23, 2010)
- $325 filing fee for the I-129 -- paid by the department
- $500 antifraud fee for new petitions (not extensions) -- paid by the department
- $1225 premium processing fee (optional 15 day processing) -- paid by the department
- $290 filing fee for I-539 dependent petition -- paid by the beneficiary
The required filing fee for accompanying nonimmigrant dependents (whether one dependent or several dependents) is left to the department's discretion whether they will pay this fee on behalf of the employee's family. The form to review and complete is the I-539 (PDF). PLEASE NOTE: if the employee's family is abroad when the nonimmigrant petition is filed, no dependent filing fee is required.
If you have any questions regarding the H-1B application process, please contact the International Student and Scholar Services office at (321) 674-8053 or via email at email@example.com.
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