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Steps in Obtaining the H-1B Status 1. Contact the Human Resources office when the department is interested in hiring a foreign faculty or staff member. Human Resources will need to know what status the individual is presently in H-1B, J-1, O-1, F-1 or TN.
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Send a memo to Human Resources
office with the Foreign Nationals · Prevailing Wage. The prevailing wage determination requires employers to ensure that the wage offered H-1B non-immigrant’s is in line with the wage offered in the area. The prevailing wage can be determined either by consulting published wage surveys or by submitting a copy of the job description to the State Employment Services Agency (SESA), which will then make a determination. · Once the prevailing wage has been received, the employer is required to pay the higher of the actual wage or the prevailing wage. 2. Once the prevailing wage has been determined and received, The Human Resources Office will file the Labor Condition Application (LCA) with the Department of Labor (DOL) on-line. The Department of Labor’s response is immediate. The period of employment cannot exceed three years initially, up to a maximum of six years. 3. Once approval has been received, one copy of the LCA will be given to the prospective employee and two copies are sent to the department. The department must post a copy of the Labor Condition Application for 10 business days in a conspicuous place. This posting is not to elicit new applications for the position. It is intended to provide any interested U.S. workers with notice that the University is filing an H-1B petition. 4. The next step is to prepare the I-129. The foreign national will need to provide to Human Resources a copy of the following:
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Letter of
support from supervisor
5. The fee for filing an I-129 is $320.00. As of March 2005 a new $500 “fraud protection and detection fee” will have to be paid by all employers: (including institutions of higher education) who file an H-1B petition: a) initially to grant an alien H-1B status, and b) to allow an H-1B nonimmigrant to change employers. This will be effective as of March 8, 2005. [Sec. 426] 6. The fee of $820.00 is the responsibility of the hiring department. A letter will be issued by Human Resources to the hiring department requesting a check and a letter of support. This letter can be used for the accounting department for back-up in requesting a check. The check should be payable to Department of Homeland Security. 7. The letter of support is very important piece of the entire petition. The letter from the Dean or Chair details the position, the project and the individual’s qualifications. The letter should describe, in detail, the project on which the individual will work. The letter should show what the individual will do. This letter should describe the individual’s qualifications, education and experience. 8. Once the letter of support, filing fee, documentation from the beneficiary, and the I-129 have been completed, the petition can be assembled. The petition is mailed overnight to the USCIS. Once the Receipt Notice has been received from USCIS, the foreign national can legally begin employment for 240 days while the petition is being processed. 9. The petition may take up to three months to process. USCIS will mail an approval notice to the University. One copy of the petition will be given to the employee and one copy will remain with a copy of the filed petition. |
