Office of International Programs
H-1B Packet for Departments
The Department is responsible for completing all “Department” forms and providing the
required supporting documents. Answer all questions, even if the answer is “N/A” or “None” or
“I don’t know”. Incomplete questionnaires will delay OIP’s ability to do your filing in a timely
manner.
If you have any questions about these forms please contact the International Legal Affairs
Specialist at lisa.owen@wku.edu.
*OIP CAN file an H-1B petition up to SIX months before the requested start date. Plan ahead!
Please ensure all of the following documents are included. If the H-1B packet is not complete
with all of the required documents attached, it will be returned to the department for proper
completion. To avoid delays, please ensure all requested documents are provided.
CHECK LIST for H-1B Petition Packets
Only one clear photocopy of each document is required.
□ Complete job description
□ Offer letter
□ Application packet from new hire
□ H-1B Request Form & Declaration of Department
□ Information from Department
□ Identification of Similarly Employed Workers
□ Wage Determination Worksheet
□ Determination of Individual Wage
□ Letter in Support of H-1B Sponsorship
1
H-1B HIRING REQUEST FORM
The H-1B visa is a nonimmigrant visa used to bring foreign nationals to the U.S. to temporarily
employ them in a position that requires specialized knowledge/training. To qualify for this
category, the position applied for must require at least a Bachelor's Degree as a minimal entrylevel requirement. In WKU's case, this status is generally used for international professors in
both temporary and tenure track positions.
Current regulations require the filing of a Labor Condition Application with the Department of
Labor prior to filing the actual H-1B application. In order to file a Labor Condition Application,
a Prevailing Wage Request must first be filed with the Department of Labor. The entire H-1B
process can take up to five months to complete; therefore, please allow ample processing time.
A basic difference between the H-1B category and other non-immigrant visa categories is that
the employer (WKU), not the alien worker, is the applicant. The employer is referred to as the
"petitioner" and the alien worker becomes the "beneficiary" of the H-1B petition when it is
approved by the Department of Homeland Security (DHS).
To process your H1B Hiring Request, please contact the Office of International programs
(OPI) to gain information on which forms are needed. OIP will also inform you of the forms
required from the employee. Once OIP has received the forms, they will begin the process.
WKU Academic Affairs urges all WKU departments and units to FIRST pursue the H-1B
status procedure to complete the hiring of new international faculty or staff. Thereafter,
the new faculty or staff member must serve for (ONE calendar year for teaching positions
FROM Date of Acceptance of Job Offer Letter) and (120 days for non-teaching positions
FROM Date of Acceptance of Job Offer Letter) BEFORE WKU will consider sponsoring
him/her for a permanent resident status (PR). If there is a need to apply for the PR prior to
the time frame listed above, the department’s head may contact Dr. Richard Miller, Vice
Provost for Academic Affairs / Chief Diversity Officer and explain the circumstances that
leads to the need to apply early.
2
H-1B REQUEST FORM & DEPARTMENT DECLARATION
The Department will comply with the following regulations during the H-1B application process and
during the employment of the above-named foreign national under the terms of H-1B status.
1.
The Department has allocated funds to cover the salary of the employee for the duration of
his/her employment under the terms of this position.
2.
The Department will notify the University’s International Legal Affairs Specialist if the terms of
the employment change during the validity period of this H-1B petition so an amended petition
can be filed with the U.S. Department of Homeland Security. Changes requiring Department of
Labor and/or DHS notification include, but are not limited to: changes in the hours worked;
significant changes in job duties; changes in wages (other than regularly scheduled merit
increases); and changes in location of position.
3.
The Department agrees to pay the reasonable return costs of the foreign national’s return trip to
his/her home country should the Department terminate his/her employment before the expiration
of the employment approved by DHS.
TYPE OF PETITION REQUESTED:
□ New H-1B □ Amended H-1B
□ Renew H-1B
The____________________________ Department requests permission for an H-1B petition or
amendment for (name of individual) ______________________________________ for the time period
of _______________ to __________________ (time period can be no greater than 3 years).
Department Approval for this Request:
Signature: ________________________________________ Date: ______________________
Printed Name of Department Head: ________________________________
College Approval for this Request:
Signature: ________________________________________ Date: _______________________
Printed Name of Dean or Designated Representative: ___________________________________
Office of Academic Affairs Approval for this Request:
Permission to initiate a Permanent Resident application for the above named individual is:
_____ Granted
Not Granted
Signature of Associate Vice President of Academic Affairs or Designated Representative:
___________________________________________ Date: _____________________
Return this request packet to:
International Legal Affairs Specialist
Office of International Programs
3
INFORMATION FROM THE DEPARTMENT
Full Name of Employee:
WKU 800# of Employee:_
____________________________________________________
WKU Dept:
Department Contact Person:
Department Phone#:
Dept. e-mail:
Job Title:
Brief, Non-technical Description of duties:
List all work locations:
Is this a full time position?
Start date of employment:
Yes
Wages per week/per year:
No
Hours per week:
End date of employment:
# of professional employees this individual will supervise:
Is Foreign Employee Currently in the U.S? If not, location.
Minimal College Degree Required:
Required Academic Field of Study for degree: ______________________
__
Is previous job experience required for position? If yes, minimal experience in months:
Type of Experience required?:
4
IDENTIFICATION OF SIMILARLY EMPLOYED WORKERS
Position Title:
In the spaces below, list all employees in the Department who hold the above-listed title, AND (1) Have
the same type of duties and responsibilities as the beneficiary of this petition, AND (2) Have
qualifications, education, and experience similar to the beneficiary of this petition. If there are no
similarly employed workers, please state so below:
______________________________________________________________________________
______________________________________________________________________________
Employee ID # & Work Location (City/State)
START DATE
SALARY
1.
2.
3.
4.
5.
6.
7.
8.
Further, I attest to the following:
1. The H-1B nonimmigrant will be paid the higher of either the ACTUAL WAGE or the
PREVAILING WAGE. I understand the WKU Office of International Student & Scholar
Services will contact me after the Prevailing Wage Determination is made if there is a problem
with the salary being offered.
2. The employment of this individual will not adversely affect working conditions of the individuals
listed above.
3. There is no strike, lockout or work stoppage in this Department for the position indicated above.
Should such an event occur, the Department will notify the Director of International Student and
Scholar Services.
Required Signature
Department/Personnel Administrator: ________________________________
Date:
5
WAGE DETERMINATION SYSTEM
(FOR PUBLIC INSPECTION FILE)
Indicate system/factors used to determine wages paid to the individuals listed on previous page.
Response should be detailed. Include copies of any applicable university salary/grade scales.
Factors Considered
(Check ALL that apply)
Narrative Description
(How factors affect placement on wage range indicated
below)
Experience:
Length of experience
Breadth of experience
Type of experience
Qualifications:
Level/Subject Areas of Degrees
Skills, abilities, specific expertise
Specialized Knowledge
Other
Job Responsibility/Function (specify)
Other Factors (specify)
Wage Range for this Position
Fill in actual wage rates from salary information from previous page.
Lowest
Midpoint
$______________
$_______________
Highest
$_____________
Department/Personnel Administrator: ________________________________
6
WAGE DETERMINATION SYSTEM
(FOR PUBLIC INSPECTION FILE)
Indicate system/factors used to determine wages paid to the individuals listed on previous page.
Response should be detailed. Include copies of any applicable university salary/grade scales.
Factors Considered
(Check ALL that apply)
Narrative Description
(How factors affect placement on wage range indicated
below)
Experience:
Length of experience
Breadth of experience
Type of experience
Qualifications:
Level/Subject Areas of Degrees
Skills, abilities, specific expertise
Specialized Knowledge
Other
Job Responsibility/Function (specify)
Other Factors (specify)
Wage Range for this Position
Fill in actual wage rates from salary information from previous page.
Lowest
Midpoint
$______________
$_______________
Highest
$_____________
Department/Personnel Administrator: ________________________________
Date:
7
WAGE DETERMINATION SYSTEM
(FOR PUBLIC INSPECTION FILE)
Indicate system/factors used to determine wages paid to the individuals listed on previous page.
Response should be detailed. Include copies of any applicable university salary/grade scales.
Factors Considered
(Check ALL that apply)
Narrative Description
(How factors affect placement on wage range indicated
below)
Experience:
Length of experience
Breadth of experience
Type of experience
Qualifications:
Level/Subject Areas of Degrees
Skills, abilities, specific expertise
Specialized Knowledge
Other
Job Responsibility/Function (specify)
Other Factors (specify)
Wage Range for this Position
Fill in actual wage rates from salary information from previous page.
Lowest
Midpoint
$______________
$_______________
Highest
$_____________
Department/Personnel Administrator: ________________________________
8
DETERMINATION OF INDIVIDUAL WAGE
(FOR PUBLIC INSPECTION FILE)
Indicate system/factors used to determine wages paid to the H1B employee. Response should be
detailed. Include copies of any applicable university salary/grade scales.
Factors Considered
(Check ALL that apply)
Narrative Description
(How factors affect placement on wage range indicated
below)
Experience:
Length of experience
Breadth of experience
Type of experience
Qualifications:
Level/Subject Areas of Degrees
Skills, abilities, specific expertise
Specialized Knowledge
Other
Job Responsibility/Function (specify)
Other Factors (specify)
Wage Range for this Individual
Fill in actual wage rates from salary information from previous page.
Place an “X” on the scale to indicate where the employee’s salary falls in the range.
Lowest
Midpoint
$______________
$_______________
Highest
$_____________
Department/Personnel Administrator: ________________________________
Date:
9
SAMPLE LETTER IN SUPPORT OF H-1B SPONSORSHIP
REQUIRED FROM WKU HIRING DEPARTMENT:
Components of Letter
Sample Letter
U.S. Department of Justice
California Service Center
U. S. Citizenship and Immigration Services
Laguna Niguel, CA
Re: H-1B Petition on Behalf of Ms. Jane Doe
Dear Sir or Madam:
1. Establish purpose
2. Background on college/department;
outline job requirement
3. Outline foreign national’s education
and experience
4. Connect foreign national’s
background with the job
requirements. Give the job title, job
description, and some reason for
his/her temporary employment
(large number of people taking
course, failure to find anyone more
qualified, etc.)
5. Set forth terms of employment, including
any contingencies.
This letter is being submitted in support of the H-1B petition filed by
Western Kentucky University on behalf of (Ms. Jane Doe) a (British)
national.
Western Kentucky University’s College of Engineering (add name)
has been engaged in the development of equipment and materials for
the space industry since 1957. At present, we are developing a widget
that will go to the moon. Our College is recognized as a leader in this
field. The Department of Electrical Engineering has an opening for an
Assistant Professor to teach and assist in ongoing widget research and
development. This position required a Ph.D in Electrical engineering
and five years of experience in widget design.
Ms. Doe received her PhD in Electrical Engineering from Stanford
University in May of 1995. She was an honor student and received
numerous academic awards. She has served as a technical advisor to
the British program for the past five years.
Because of Ms. Doe’s outstanding educational background and
experience, we wish to employ her as an Assistant Professor of
Electrical Engineering for a three-year period, beginning in December
of 2005. In that capacity, Ms. Doe will teach, assist in research, etc.
It is our intention to employ Ms. Doe for a temporary period of three
years at an annual salary of $60,000, contingent upon funding for the
position.
Your attention to this matter is greatly appreciated.
Sincerely,
John Smith, Dean
College of Engineering
10
Part 1: To be Completed by prospective H-1B Employee’s Supervisor and forwarded to WKU’s Export Control
Contact, Paul Mooney at paul.mooney@wku.edu and to the International Legal Affairs Specialist, Lisa Owen at
lisa.owen@wku.edu.
Name of prospective H-1B International faculty/staff (I F/S) :
Country of Citizenship:
Title at WKU:
Anticipated Start Date:
_________
_________
__________
Please attach a copy of the official job description for this position to this statement.
List any potential Export Control Classification and/or controlled/restricted technologies that the I F/S will have
access to at WKU in your department:
_________
(Please attach further detail if the space provided is insufficient.)
With respect to the technology or technical data the petitioner will release or otherwise access to the beneficiary,
the petitioner certifies that it has reviewed the Export administrative regulations (EAR) and the International
Traffic in Arms Regulations (ITAR) and has determined that:
□ 1. The individual list above will not be provided with any items on the EAR or ITAR restricted lists.
□ 2. A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to
release such technology or technical data to the foreign person; or
□ 3. A license is required from the Department of Commerce or the U.S. Department of State to release such
technology or technical to the beneficiary and the petitioner will prevent access to the controlled technology or
technical data by the beneficiary until and unless the petitioner has received the required license or other
authorization to release it to the beneficiary.
WKU supervisor’s Name:
Title & Department:
Signature:
________________ Date:
...................................................
OIP
Office of International Programs
1906 College Heights Blvd, # 1106
Bowling Green, KY – 42101
1
Phone - 270-745-4857
Fax - 270-745-6144
www.wku.edu/oip
Part 2: To be Completed by the Export Control Contact and forwarded to Office of International Programs
Check Box 1 or 2 as appropriate:
With respect to the technology or technical data the petitioner will release or otherwise access to the beneficiary,
the petitioner certifies that it has reviewed the Export administrative regulations (EAR) and the International
Traffic in Arms Regulations (ITA) and has determined that based on the information submitted by the department:
□ 1. A license is not required from either the U.S. Department of Commerce or the U.S. Department of State to
release such technology or technical data to the foreign person; or
□ 2. A license is required from the Department of Commerce or the U.S. Department of State to release such
technology or technical to the beneficiary and the petitioner will prevent access to the controlled technology or
technical data by the beneficiary until and unless the petitioner has received the required license or other
authorization to release it to the beneficiary.
WKU’s Export Control Officer Name:
Title & Department:
Signature:
Date:
...................................................
OIP
Office of International Programs
Phone - 270-745-6398
FAX - 270-745-6144
www.wku.edu/oip
Created: 09/11
1906 College Heights Blvd, # 1106
Bowling Green, KY – 42101
2
INFORMATION REGARDING THE CERTIFICATION OF THE RELEASE OF
CONTROLLED TECHNOLOGY OR TECHNICAL DATA TO FOREIGN PERSONS IN
THE U.S.
I-129 Instructions (See www.uscis.gov):
United States export control regulations prohibit foreign nationals from receiving information concerning certain
technologies in order to protect U.S. trade and to ensure national security. If a WKU visa applicant’s studies or
works involves these certain technologies, an export license from the department of Commerce, State or Treasury
may be required in cases where certain exemptions and exceptions do not apply.
This worksheet is intended to provide the export control reviewer with enough information to make a
determination if such license would be required, or if further information may be necessary to make this
determination. Thankfully, most of the work done at WKU falls under the “fundamental research”, “public
available”, and “educational” exemptions whereby we would not have to apply for a license to share what would
otherwise be export controlled information to a foreign national.
Failure to comply with the export control regulations may lead to significant civil and/or criminal
penalties up to $250,000 per violation, criminal penalties up to $1,000,000 per violation ; prison up to 20
years; denial of export privileges; and debarment from U.S. government contracts.
U.S. Export Controls on release of Controlled Technology or technical Data to Foreign Persons. The Export
Administration Regulations (EAR) (15 CFR Parts 770-774) and the International Traffic in Arms Regulations
(ITAR) (22 CFR Parts 120-130) require U.S. persons to seek and receive authorization from the U.S. Government
before releasing to foreign persons in the U.S. controlled technology or technical data. Under both the EAR and the
ITAR, release of controlled technology or technical data to foreign persons in the United States—even by the
employer—is deemed to be an export to that person’s country or countries of nationality. One implication of this
rule is that the U.S. company must seek and receive a license from the U.S. Government before it releases controlled
technology or technical data to its nonimmigrant workers employed as H-1B, L-1 or O-1A beneficiaries.
Requirement to Certify Compliance with U.S. Export Control regulations. The U.S. Government requires each
company or other entity to certify it has reviewed the EAR and ITAR and determined whether it will require a U.S.
Government export license to release controlled technology or technical data to the beneficiary. If an export
license is required, then the company or other entity must further certify that it will not release or otherwise
provide access provide access to controlled technology or technical data to the beneficiary until it has received
from the U.S. Government the required authorization to do so. The petitioner must indicate whether or not a
license is required on Page 5, Part 6 of Form I-129.
Controlled Technology and Technical Data. The license requirements described above will affect only a small
percentage of petitioners because most types of technology are not controlled for export or release to foreign
persons. The technology and technical data that are, however, controlled for release to foreign persons are
identified on the EAR Commerce Control List (CCL) and the ITAR’s U.S. Munitions List (USML). The CCL is found at
15 CFR Part 774, Supp. 1. See http://access.gpo.gov/bis/ear-data.html#ccl.
Continue to next page →
...................................................
OIP
Office of International Programs
1906 College Heights Blvd, # 1106
Bowling Green, KY – 42101
3
Phone - 270-745-6398
FAX - 270-745-6144
www.wku.edu/oip
Created: 09/11
The USML is at 22 CFR § 121.1. See http://pmddtc.state.gov/regulations-laws/itar.html. The EAR- controlled
technology on the CCL generally pertains to that which is for production, development, or use of what are known
as “dual-use” items. The ITAR- controlled technical data on the USML generally pertains to that which is directly
related to defense articles. The U.S. Department of Commerce’s Bureau of Industry Security administers the CCL
and is responsible for the issuing license for the release to foreign persons of technology controlled under the EAR.
The U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) administers the USML and is
responsible for issuing licenses for the release to foreign persons of controlled technical data controlled under the
ITAR. Information about the EAR and how to apply for a license BIS are at www.bis.doc.gov. Specific information
about EAR’s requirements pertaining to the release of controlled technology to foreign persons is at
www.bis.doc.gov/deemedexports. Information about the ITAR and how to apply for a license from DDTC are at
www.pmdyc.gov. Specific information about the ITAR’s requirements pertaining to the release of controlled
technical data is at hhtp://www.pmddtc.state.gov/faqs/license_foreignpersons.html.
Note 1: CCL List
0-Nuclear Materials, Facilities and Equipment and Miscellaneous
1-Materials, Chemicals, “Microorganisms,” and Toxins
2-Materials Processing
3-Electronics
4-Computers
5-Telecommunications and Information security
6-Lasors and Sensors
7-Navigation and Avionics
8-Marine
9-Propulsion Systems, Space Vehicles and Related Equipment
Note 2: USML List
Category I- Firearms
Category II- Artillery projectors
Category III-Ammunition
Category IV-Launch Vehicles, Guided Missiles, Ballistics, Rockets, torpedoes, Bombs and Mines
Category V-Explosives, Propellants, Incendiary agents, and their Constituents
Category VI-Vessels of War and Special Naval Equipment
Category VII-Tanks and Military Vehicles
Category VIII-Aircraft [Spacecraft] and Associated Equipment
Category IX-Military Training Equipment
Category X-Protective Personnel Equipment
Category XII-Military [and Space] Electronics
Category XII-Fire Control, Range Finder, Optical and Guidance and Control Equipment
Category XIII-Auxiliary Military Equipment
Category XIV-Toxicological agents and Equipment and Radiological Equipment
Category XV-Spacecraft Systems and Associated Equipment
Category XVI-Nuclear Weapons design and Test Equipment
Category XVII-Classified Articles, Technical Data and Defense Services Not Otherwise Enumerated
Category XX-Submersible Vessels, Oceanographic and associated Equipment
Category XXI-Miscellaneous Articles
...................................................
OIP
Office of International Programs
1906 College Heights Blvd, # 1106
Bowling Green, KY – 42101
4
Phone - 270-745-6398
FAX - 270-745-6144
www.wku.edu/oip
Note 3:
“Technical” data does not include information concerning general scientific, mathematical or engineering
principles commonly taught in schools, colleges and universities, information in the public domain, or information
generated in the course of performing “fundamental research”.
“Fundamental research,” as used in the export control regulations, includes basic or applied research in science
and/or engineering at an accredited institution of higher learning in the U.S. where the resulting information either
is ordinarily published and shared broadly in the scientific community or where the resulting information has been
or is about to be published. Fundamental research is distinguished from research that results in information that is
restricted for proprietary reasons or pursuant to specific U.S. government access and dissemination controls.
University research will not qualify as fundamental research if (1) the institution accepts any restrictions on the
publication of the information resulting from the research, other than limited prepublication reviews by research
sponsors to prevent inadvertent divulging of proprietary information or to insure that publication will not
compromise patent rights of the sponsor; or (2) the research is federally funded and specific access or
dissemination controls regarding the resulting information have been accepted by the university or the researcher
(ITAR).
“Technical data” also does not include basic marketing information on function or purpose or general system
descriptions of defense articles.
USML-listed information and software that is generally accessible and available to the public is considered to be in
the public domain and excluded from export controls. USML-listed information and software is released and placed
in the public domain through /at one or more of the following:
● as a product of unrestricted fundamental research in science and engineering generated at an accredited
institute of higher learning in the U.S. USML-listed fundamental research must not go beyond applied research (i.e.
prototyping, proof-of-concept applications) and into advanced technology development research (development of
fully-functional, field deployable systems for military applications);
● Libraries open to the public from where the public can obtain documents;
● Sales at newsstands or bookstores;
● Subscriptions available without restriction;
● Published patents available at any patent office;
● Unlimited distribution at conferences, meetings, seminars, trade shows or exhibitions in the U.S. that are
generally available to the public and/or
● Websites that are accessible to all members of the public, free of charge, and where WKU does not have
knowledge or control over who visits the site or downloads the information or software.
NOTE: In order for USML-listed information or software resulting from fundamental research to be considered in
the public domain, the information or software must have been generated in the course of research performed
within the United States. Information and software resulting from research undertaken outside of the United States
is not treated by US export control law as having entered into the public domain, and is subject to export control,
unless it qualifies under other public domain criteria.
...................................................
OIP
Office of International Programs
Phone - 270-745-6398
FAX - 270-745-6144
www.wku.edu/oip
Created: 09/11
1906 College Heights Blvd, # 1106
Bowling Green, KY – 42101
5