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H-1B BasicsH-1B Basics

Employment VisaEmployment Visa Professional PositionProfessional Position Position must require a bachelor’s degree or Position must require a bachelor’s degree or

higherhigher Employee must have a bachelor’s degree or Employee must have a bachelor’s degree or

higher in a related fieldhigher in a related field

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H-1B Time LimitationsH-1B Time Limitations

Generally limited to 6 total yearsGenerally limited to 6 total years May request maximum of 3 years May request maximum of 3 years

for each petitionfor each petition Can be extended beyond 6 years by Can be extended beyond 6 years by

reclaiming time spent abroad, or if at reclaiming time spent abroad, or if at certain stage of “green card” certain stage of “green card” processing (labor certification processing (labor certification pending one year, or approved I-pending one year, or approved I-140)140)

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Employer ResponsibilitiesEmployer Responsibilities

File a Labor Condition File a Labor Condition ApplicationApplication

(HRCIS completes with (HRCIS completes with information provided by the information provided by the Dept) Dept)

Document wages paid Document wages paid (Dept)(Dept) Maintain Public Access FileMaintain Public Access File

(HRCIS)(HRCIS) Pay return trip home for early Pay return trip home for early

termination termination (Dept)(Dept)44

Responsible Government AgenciesResponsible Government Agencies

DOLDOL Determines prevailing Determines prevailing

wagewage Certifies Labor Condition Certifies Labor Condition

ApplicationApplication Regulates work conditionsRegulates work conditions Requires Job PostingsRequires Job Postings Audits Public Access fileAudits Public Access file

USCISUSCIS Adjudicates H-1B petitions Adjudicates H-1B petitions

(Form I-129)(Form I-129) Regulates and monitors non-Regulates and monitors non-

immigrant’s statusimmigrant’s status Requires employer to pay Requires employer to pay

return trip homereturn trip home

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Prevailing WagePrevailing Wage

The actual wage must meet 100% of the The actual wage must meet 100% of the Prevailing Wage (PW) or exceed it but can never Prevailing Wage (PW) or exceed it but can never go below the PW.go below the PW.

HRCIS generally reviews sponsoring HRCIS generally reviews sponsoring departments position description, and minimum departments position description, and minimum position requirements, and determines proper position requirements, and determines proper wage via U.S. Dept. of Labor wage guidelines for wage via U.S. Dept. of Labor wage guidelines for employment at higher education institutions.employment at higher education institutions.

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Processing TimesProcessing Times

StandardStandard Dependent Upon USCIS Dependent Upon USCIS

California Immigration California Immigration Service Center Processing Service Center Processing PacePace

Generally 3 to 5 monthsGenerally 3 to 5 months HRCIS prefers to initiate HRCIS prefers to initiate

process 6 months prior to process 6 months prior to first date of employment first date of employment

PremiumPremium Request case to be Request case to be

adjudicated within 15 adjudicated within 15 calendar days upon receipt calendar days upon receipt of petition by immigration of petition by immigration service centerservice center

Receive e-mail approval Receive e-mail approval notice notice

Receive original approval Receive original approval notice, Form I-797, 7 – 10 notice, Form I-797, 7 – 10 days after e-mail approvaldays after e-mail approval

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H-1B Petition TypesH-1B Petition Types

New H-1B (Change of Status, Consular New H-1B (Change of Status, Consular Processing)Processing)

H-1B ExtensionH-1B Extension H-1B Transfer (Portability)H-1B Transfer (Portability) H-1B Amendment (often combined with H-1B Amendment (often combined with

extension)extension)

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New H-1B PetitionNew H-1B Petition

Consular Processing – foreign national Consular Processing – foreign national entering U.S. from abroad, allow additional entering U.S. from abroad, allow additional time for consular interview time for consular interview

Change of Status – move from another visa Change of Status – move from another visa status, typically F1 or J1status, typically F1 or J1

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H-1B Transfers (Portability)H-1B Transfers (Portability) Those in valid H1B status at another Those in valid H1B status at another

institution can begin employment at UVA only institution can begin employment at UVA only after HR/CIS receives confirmation from after HR/CIS receives confirmation from USCIS that a petition was filed.USCIS that a petition was filed.

HR/CIS prefers to have the request for the HR/CIS prefers to have the request for the transfer around 1 to 2 months prior to the new transfer around 1 to 2 months prior to the new employment start date.employment start date.

Transfer applications are not automatically Transfer applications are not automatically approved so there are risks involved in the approved so there are risks involved in the process.process. 1010

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

than 6 months before the current H1B status expires.than 6 months before the current H1B status expires. Employment may continue up to 240 days past the Employment may continue up to 240 days past the

expiration of the current H1B status.expiration of the current H1B status. Travel outside the U.S. is not recommended while an Travel outside the U.S. is not recommended while an

H1B extension is pending as USCIS may deem employee H1B extension is pending as USCIS may deem employee has abandoned their H1B status.has abandoned their H1B status.

Suggest upgrade to premium processing if travel is Suggest upgrade to premium processing if travel is absolutely necessary.absolutely necessary.

If employee is outside the U.S., then he/she must wait If employee is outside the U.S., then he/she must wait outside the U.S. until new H1B status has been approved.outside the U.S. until new H1B status has been approved.

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H-1B AmendmentH-1B Amendment

Any substantial changes to position may Any substantial changes to position may require filing an amended petition:require filing an amended petition: Position TitlePosition Title SalarySalary Position DutiesPosition Duties DepartmentDepartment Hours workedHours worked Work locationWork location

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New Security MeasuresNew Security Measures Longer visa processing times for Longer visa processing times for

beneficiaries applying outside of the U.S.beneficiaries applying outside of the U.S. Difficulties in applying for visas in third Difficulties in applying for visas in third

countries.countries. Increased scrutiny for individuals working Increased scrutiny for individuals working

in sensitive areas.in sensitive areas.

*Contact HRCIS before foreign national *Contact HRCIS before foreign national travels outside the US.travels outside the US.

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The J-1 Two Year Home The J-1 Two Year Home Residency RequirementResidency Requirement

Many individuals in J-1 status are required to Many individuals in J-1 status are required to return to their home country for two years after return to their home country for two years after completing their program.completing their program.

Unless they fulfill this obligation or receive a Unless they fulfill this obligation or receive a waiver of the requirement, they can not change waiver of the requirement, they can not change their status to H1B.their status to H1B.

The waiver can take up to one year to obtain.The waiver can take up to one year to obtain. Application made by the foreign national at their Application made by the foreign national at their

own expense.own expense. 1414

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Department Fee Department Fee Obligations/USCISObligations/USCIS

$325 for any H1B petition, USCIS Form I-129 $325 for any H1B petition, USCIS Form I-129 filing feefiling fee

$500 fraud prevention and detection USCIS $500 fraud prevention and detection USCIS fee for all fee for all newnew H1B petitions and for all H1B H1B petitions and for all H1B transfers to UVA.transfers to UVA.

The $500 fee The $500 fee is not is not imposed on H1B extension imposed on H1B extension petitions.petitions.

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Department Fee Department Fee Obligations/HRCISObligations/HRCIS

HRCIS Processing FeesHRCIS Processing Fees $650 for all H1B petitions filings.$650 for all H1B petitions filings. $500 for expedited service $500 for expedited service

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Additional H-1B Petition Filing Fee Additional H-1B Petition Filing Fee for USCIS Expedite Requestfor USCIS Expedite Request

Additional $1,225 fee to request Premium Additional $1,225 fee to request Premium Processing, USCIS Form I-907.Processing, USCIS Form I-907.

Request to USCIS to adjudicate an H1B Request to USCIS to adjudicate an H1B petition within 15 calendar days of receiving petition within 15 calendar days of receiving the H1B petition.the H1B petition.

The employer The employer oror employee may pay the fee. employee may pay the fee. Receive electronic approval notice that may be Receive electronic approval notice that may be

used to place employee on payroll.used to place employee on payroll.

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H-1B Process at UVAH-1B Process at UVA

Departments contact the H1B advisor. The Departments contact the H1B advisor. The advisor will determine if the H1B is the best advisor will determine if the H1B is the best option.option.

Department downloads H1B Packet from Department downloads H1B Packet from HR/CIS websiteHR/CIS website

Department and foreign national cooperate to Department and foreign national cooperate to complete and provide necessary complete and provide necessary documentationdocumentation

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UVAUVAH-1B PROCESSINGH-1B PROCESSING

INS INS ZOOMZOOM INSINSZoomZoom is a comprehensive electronic is a comprehensive electronic

immigration management system.immigration management system. Enables electronic data transfer between Enables electronic data transfer between

HR CIS, departments, faculty and staff.HR CIS, departments, faculty and staff. Access to foreign nationals linked to department, Access to foreign nationals linked to department,

review immigration history and documents, review immigration history and documents, submit H-1B packet information through submit H-1B packet information through INSZoom, track petition filing processINSZoom, track petition filing process

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Part-Time H-1B EmploymentPart-Time H-1B Employment U.S. Dept. of Labor requires employers to keep U.S. Dept. of Labor requires employers to keep

records of hours worked each day and each week records of hours worked each day and each week for all part-time H-1B employees.for all part-time H-1B employees.

Regardless if part-time employee is paid a fixed Regardless if part-time employee is paid a fixed salary, and regardless of whether employer salary, and regardless of whether employer currently keeps records of its other part-time currently keeps records of its other part-time salaried employees.salaried employees.

Sponsoring department must complete and return Sponsoring department must complete and return HRCIS form: HRCIS form:

Verification of Part-time Record KeepingVerification of Part-time Record Keeping 2020

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Other H-1B IssuesOther H-1B Issues Wage requirements (prevailing wage)Wage requirements (prevailing wage) All financial support must come from UVAAll financial support must come from UVA Length of processing timeLength of processing time Job site specificJob site specific The expense related to expedited processing of The expense related to expedited processing of

petitionspetitions Dependents of H1B’s (H4) are not allowed to workDependents of H1B’s (H4) are not allowed to work No Official “Grace Period” for H1B holders after No Official “Grace Period” for H1B holders after

their period of authorized stay ends or after their their period of authorized stay ends or after their employment terminates.employment terminates.

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Visa Issuance for Entry to U.S.Visa Issuance for Entry to U.S.

The only place a visa stamp can be issued is at The only place a visa stamp can be issued is at a U.S. consulate or embassy abroad.a U.S. consulate or embassy abroad.

Renewals of H-1B visas (entry stamps in the Renewals of H-1B visas (entry stamps in the passport) within the U.S. are no longer passport) within the U.S. are no longer possible.possible.

I-797 does not allow travel, but does authorize I-797 does not allow travel, but does authorize employment while in the United Statesemployment while in the United States

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TRAVEL WARNING!TRAVEL WARNING!

FOR FOREIGN NATIONALS FOR FOREIGN NATIONALS

PLANNING TO TRAVEL ABROAD:  PLANNING TO TRAVEL ABROAD: 

Please be advised that there has been a recent increase in security Please be advised that there has been a recent increase in security screenings of foreign nationals at U.S. Consulates abroad.  The screenings of foreign nationals at U.S. Consulates abroad.  The U.S. Department of State (DOS) and the U.S. Department of U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) have increased the level of review that Homeland Security (DHS) have increased the level of review that international visitors face at U.S. Embassies and Consulates abroad, international visitors face at U.S. Embassies and Consulates abroad, at airports, and at border crossing posts with Canada and Mexico. at airports, and at border crossing posts with Canada and Mexico. The U.S. State Department processing time for a security screening The U.S. State Department processing time for a security screening at a consulate abroad is currently 12 weeks, with no option at a consulate abroad is currently 12 weeks, with no option available for expediting the process.  available for expediting the process. 

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TRAVEL WARNINGTRAVEL WARNING

Each foreign national, in consultation with their Each foreign national, in consultation with their department if appropriate, should make their own department if appropriate, should make their own decision regarding travel abroad.   decision regarding travel abroad.   

HRCIS advises undertaking travel abroad with the HRCIS advises undertaking travel abroad with the understanding that returns to the U.S. may be understanding that returns to the U.S. may be significantly delayedsignificantly delayed

All foreign nationals traveling abroad should be All foreign nationals traveling abroad should be certain to carry documentation supporting their certain to carry documentation supporting their current visa status.current visa status.

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H-1B Visa Recipient DepartureH-1B Visa Recipient Departure

TerminationTermination Transfer to another institutionTransfer to another institution Leaving the United StatesLeaving the United States

Departments should immediately notify Departments should immediately notify HRCIS HRCIS

LCA Withdrawal (USDOL)LCA Withdrawal (USDOL) H-1B Withdrawal (USCIS)H-1B Withdrawal (USCIS)

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When should UVa. Depts. When should UVa. Depts. Contact HRCIS?Contact HRCIS?

Anytime there is a change to an H-1B Visa Anytime there is a change to an H-1B Visa Holders employment situation. Holders employment situation.

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New H-1B DevelopmentsNew H-1B Developments

Fee changes effective 11/23/2010, I-129 ($325), Fee changes effective 11/23/2010, I-129 ($325), Premium Processing ($1225), I-539 dependent fee Premium Processing ($1225), I-539 dependent fee ($290)($290)

Changes to I-129 effective 12/23/2010, new items Changes to I-129 effective 12/23/2010, new items but collect information alreadybut collect information already

Export Control Attestation now requiredExport Control Attestation now required Department must submit I-129 Export Certification Department must submit I-129 Export Certification

Request to Office of Export ControlRequest to Office of Export Control Include advisory letter with H-1B petition materials Include advisory letter with H-1B petition materials

submitted to USCISsubmitted to USCIS2727

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Q & AQ & A

Human Resources – Compliance & Immigration ServicesHuman Resources – Compliance & Immigration Services

914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127

Tim White (434) 982- 2735Tim White (434) 982- 2735

E-mail: tjw5x@virginia.eduE-mail: tjw5x@virginia.edu

Fax: (434) 924-3194Fax: (434) 924-3194

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