H1B Visa Applications
Criteria:
(i)(A) Types of H-1B classification. An H-1B classification may be granted to an alien
who:
(1) Will perform services in a specialty occupation which requires theoretical
and practical application of a body of highly specialized knowledge and
attainment of a baccalaureate or higher degree or its equivalent as a minimum
requirement for entry into the occupation in the United States, and who is
qualified to perform services in the specialty occupation because he or she has
attained a baccalaureate or higher degree or its equivalent in the specialty
occupation;
(2) Based on reciprocity, will perform services of an exceptional nature
requiring exceptional merit and ability
Specialty occupation means an occupation which requires theoretical and practical
application of a body of highly specialized knowledge in fields of human endeavor
including, but not limited to, architecture, engineering, mathematics, physical
sciences, social sciences, medicine and health, education, business specialties,
accounting, law, theology, and the arts, and which requires the attainment of a
bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum
for entry into the occupation in the United States.
PLEASE READ FIRST
 The hiring department is responsible for contacting the Foreign National
Specialist in Human Resources for new or renewing H1B Visa Processing.
 Application for a visa is NOT a guarantee that one will be given
 The University of Montana is the “owner” or petitioner, the Foreign National is
the beneficiary. H1B Visa’s are not transferable either to The University of
Montana or out of The University of Montana.
 Normal “regular” processing time takes 3-4 months, if the department elects to
use the premium processing (additional $1225 fee) the time period after
submission is approximately 15 business days.
 Requests for additional Evidence (RFE’s) can add to the time periods.
 Prior to submission, the Federal Labor Department requires an analysis; this
can take up to 8 weeks.
 Please plan your timing accordingly!!
 If the Foreign National is out of the country, they must make an appointment
with a US Consulate prior to arriving to update (or apply) their passport. The
appointment cannot be made at the Consulate until after the H1B approval has
been received.
Revised 1/03/2014
 Departments are responsible for the cost of returning a non-immigrant
employee to their homeland if they are terminated, their work ends or their
visa expires while employed and renewal is not desired. Upon expiration there
is a ten (10) day grace period before the foreign national is required to leave
the country.
 The H1B Visa is place, employer and income specific. Thus if there are any
modification to any of the above, the Foreign National Specialist must be
notified immediately to determine if an amendment to the application is
necessary
Departmental Responsibilities:
The hiring authority of the department must provide the following (copies are acceptable):
1. Letter of offer to Hire or extension of current position on departmental
letterhead, addressing –
a. Position description
b. Rate of Pay
c. Union or Non-union Affiliation
d. Duration of employment
e. Scope of position requirements
2. Non-technical job description
3. Provide an Index number for application fees which consist of the following:
a. $500.00 Processing fee
b. $325.00 application fee
c. $500.00 security fee for non-renewing H1B application
d. $1225.00 for Premium Processing if applicable
e. Legal Review Fee to be determined if applicable
4. Provide an Index number for mailing costs
Beneficiaries Responsibilities:
Each of these documents must be of the original and an English translation if applicable
1. Copies of:
a. Current Passport and Visa
b. Current CV (Resume’)
c. Academic Credentials and transcripts of each credential BA and Higher
d. Home country contact address and phone number if outside the US
e. Contact address and phone number if within the US
f. Social Security Number, if beneficiary does not have one, application
materials may be requested from the Foreign National Specialist.
g. Nearest US Consulate or Embassy address and phone number if beneficiary
is outside the US
h. Provide birthplace and country and date
Upon USCIS approval, the Foreign National Specialist will contact both the department and the
beneficiary. The original document will be forwarded to the beneficiary to include in the
paperwork necessary for the appointment with the consulate. Upon arrival the University both
the beneficiary and the departmental contact shall make an appointment to meet with the
Foreign National Specialist.
Revised 1/03/2014