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H-1B Foundational InformationH-1B Foundational Information

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

higherhigher

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H-1B ParametersH-1B Parameters

Limited to 6 aggregate yearsLimited to 6 aggregate years Job site specificJob site specific Processing timeProcessing time

* * Must allow for 3 to 5 months Must allow for 3 to 5 months for normal processingfor normal processing

* * Allow 1 month for Allow 1 month for expedited processingexpedited processing

Max. 3 years for each petitionMax. 3 years for each petition

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Employer ResponsibilitiesEmployer Responsibilities

File a Labor Condition File a Labor Condition ApplicationApplication

(HR/CIS completes with (HR/CIS 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

(HR/CIS)(HR/CIS) 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

USCIS (INS)USCIS (INS) 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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The H-1B Petitioning ProcessThe H-1B Petitioning Process

HR/CIS HR/CIS Wage Determination: Review Department Wage & Wage Determination: Review Department Wage &

Compares to DOL Prevailing Wage guidelines = Up to 2 Compares to DOL Prevailing Wage guidelines = Up to 2 weeksweeks

Department of LaborDepartment of Labor Labor Condition Application (LCA) Certification by Labor Condition Application (LCA) Certification by

D.O.L. = InstantaneousD.O.L. = Instantaneous

USCISUSCIS Adjudicates H-1B petition = 3 to 5 monthsAdjudicates H-1B petition = 3 to 5 months

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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.

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

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Processing TimesProcessing Times

StandardStandard Dependent Upon Dependent Upon

Immigration Service Center Immigration Service Center Processing Processing

Generally 3 to 5 monthsGenerally 3 to 5 months HR/CIS prefers to initiate HR/CIS prefers to initiate

process around 6 months process around 6 months prior to first date of prior to first date of employment 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, a few notice, Form I-797, a few weeks after e-mail approvalweeks after e-mail approval

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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. 99

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. 1010

H-1B EXTENSIONSH-1B EXTENSIONS Petitions for extensions should be made no later than 6 Petitions for extensions should be made no later than 6

months before the current H1B status expires.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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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. Increased security at the USCIS Service Increased security at the USCIS Service

Centers.Centers. 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 the HR/CIS before foreign national *Contact the HR/CIS before foreign national travels outside the US.travels outside the US.

*Knowledge regarding proper USCIS *Knowledge regarding proper USCIS procedures and documentation is crucial.procedures and documentation is crucial.

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What Departments Must PayWhat Departments Must Pay $320 for new H1B petitions and extensions, $320 for new H1B petitions and extensions,

USCIS Form I-129.USCIS Form I-129. $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 for those currently in H1B status, petitions for those currently in H1B status, employed at UVA.employed at UVA.

Employers are required to pay 100% of the Employers are required to pay 100% of the prevailing wage.prevailing wage.

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What Departments Must PayWhat Departments Must Pay

HR/CIS Processing FeesHR/CIS Processing Fees $650 for new H1B petitions and extensions.$650 for new H1B petitions and extensions. $500 for requesting expedited service $500 for requesting 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

For a $1,000 fee may request Premium For a $1,000 fee may 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 web-siteHR/CIS web-site

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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 departments must complete and return Sponsoring departments must complete and return to HR/CIS form: to HR/CIS form:

Verification of Part-time Record KeepingVerification of Part-time Record Keeping 1717

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Advantages to H-1Advantages to H-1

Generally easier to get the visa at the U.S. Generally easier to get the visa at the U.S. Consulate or Embassy of foreign national’s Consulate or Embassy of foreign national’s home countryhome country

Can transition to become a permanent residentCan transition to become a permanent resident Long period of stay (6 years)Long period of stay (6 years)

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Disadvantages to H-1Disadvantages to H-1 Wage requirements (prevailing wage)Wage requirements (prevailing wage) All financial support must come from UVAAll financial support must come from UVA PaperworkPaperwork Length of processing timeLength of processing time 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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New Travel RestrictionsNew Travel Restrictions

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.

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

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TRAVEL WARNING!TRAVEL WARNING!

IF YOU ARE A FOREIGN NATIONAL IF YOU ARE A FOREIGN NATIONAL

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 WARNING!TRAVEL 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.   

HR/CIS advises undertaking travel abroad with the HR/CIS 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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TRAVEL WARNING!TRAVEL WARNING!

HR/CIS recommends you contact our office HR/CIS recommends you contact our office with your passport and immigration with your passport and immigration documents as soon as you are aware of the documents as soon as you are aware of the date you plan to travel. We will review your date you plan to travel. We will review your documents, provide you with up to date travel documents, provide you with up to date travel advice, and sign your travel document (if advice, and sign your travel document (if necessary). More information and advice can necessary). More information and advice can be found at be found at http://www.hrs.virginia.edu/cis.html..

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UVAUVAH-1B PROCESSINGH-1B PROCESSING

INS INS ZOOMZOOM INSINSZoomZoom's University Edition is a comprehensive 's University Edition is a comprehensive

electronic immigration management system.electronic immigration management system. Will enable electronic data transfer between Will enable electronic data transfer between

HR /CIS, departments, faculty and staff.HR /CIS, departments, faculty and staff. Will enable you to gather and manage information Will enable you to gather and manage information

from a single point of data entry. You can ensure from a single point of data entry. You can ensure complete data control, while maintaining complete data control, while maintaining transparency, accuracy, efficiency and precision transparency, accuracy, efficiency and precision throughout the immigration process. throughout the immigration process.

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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

Jose Fleming (434) 243-2031Jose Fleming (434) 243-2031

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

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

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