Training Guide for Sponsoring H-1B Temporary Workers The H-1B Application Process should begin at least 3-4 months prior to the H-1B’s Requested Start Date if the H-1B applicant is outside the US and at least two months prior if s/he holds another status in the U. S. An ISD Training Guide is available on our website at www.temple.edu/isss/international/index.html Familiarize Yourself With The H-1B Application Process 1. H-1B applicant enters required data and upload required documents into the Visitor site, then submits record to TU Department 2. Department adds required information on Appointment, Site of Activity and Funding screens and uploads required documents 3. HR Generalist will upload required documents into ISD for HR-hires 4. Department submits H-1B applicant's record to ISSS via the "Tasks" tab in ISD 5. Department mails or drops off necessary checks to ISSS 6. ISSS sends Deemed Export Attestation Form to University Counsel. This form is required for every H application that is submitted, regardless of whether research is involved. This process is dependent upon the nature of the position and the research technologies involved and therefore unpredictable. 7. Upon determination that the higher of either the prevailing or actual wage is being paid to the employee, ISSS begins LCA process and begins the posting notice process (this is not a posting for recruitment purposes). Please note that certification of an LCA takes a minimum of seven days. 8. Once University Counsel notifies ISSS that no Deemed Export License is required, the LCA has been certified by DOL, and ISSS has a complete application, ISSS begins processing the I-129 and supporting letter for the H-1B petition. This step of the process may take several business days. 9. When the application process is complete, the H-1B petition is compiled, checks are attached and the petition is submitted to the United States Citizenship and Immigration Service (USCIS) via UPS. If petition is being premium processed (optional process for an additional $1225 above the required $325 [all petitions] and $500 [initial and transfer petitions only] fees), we expect a response from the USCIS within 15 days of USCIS’ receipt of petition. The response can be an approval notice, a request for further evidence, or an intent to deny the petition. 10. The hiring department, Human Resources and the H-1B applicant will be notified via email when ISSS receives the Receipt Notice and Approval Notice from USCIS. If you need assistance logging into ISD, contact Sharon Loughran in ISSS at sharonl@temple.edu Review Estimated Start Times Estimated Processing Time From Day ISSS Receives a Complete H-1B Application Until H-1B Can Begin Working: Applicant Is: Documents Needed: Filed with Premium Processing: Filed Without Premium Processing: Outside the US Original Approval Notice from USCIS and H-1B Visa Stamp Original Approval Notice from USCIS 6—10 Weeks 3—5 Months 4—8 Weeks 3—4 Months Receipt Notice from USCIS 3-4 Weeks 4-6 Weeks Receipt Notice from USCIS 3-4 Weeks 4-6 Weeks Inside the US holding another immigration status Inside the US Holding H-1B Status with another employer Already Working at Temple in H-1B status (for both Extensions and Amendments) Please note that the Premium Processing fee does not expedite the Labor Condition Application (LCA) process but rather applies only to the USCIS adjudication of the I-129 Petition for Nonimmigrant Worker. Invite the Scholar Invite the Visitor to complete her/his sections in ISD through the Tasks Tab by clicking on “Invite Visitor”. If the Visitor is locked out of ISD, you can reset her/his password on the Tasks tab by clicking on “Edit Visitor Login and Permissions” Decide Start and End Dates Decide on the employment start and end dates with the Visitor and her/his Supervisor. Be very sure of the dates before you move forward. The End Date for Faculty and Postdoctoral Research Associates must match the appointment/contract letter. Add the start and end dates in ISD. If you need assistance logging into ISD, contact Sharon Loughran in ISSS at sharonl@temple.edu Complete the Controlled Technology Form: Complete a Controlled Technology Form for each H-1B applicant. The P.I. / Faculty Mentor should complete this form, not the H-1B Applicant. Any missing items/signatures on this form will delay H-1B process. You can either email the form directly to sharonl@temple.edu or upload it to ISD. The form can be found at http://www.temple.edu/isss/international/DocumentsNeededforH-1B.htm in Section #2. Complete the Actual Wage Documentation You can download the form at www.temple.edu/isss/international/DocumentsNeededforH-1B.htm in Section #2 for all H-1B applicants. Do NOT complete these documents for any Non HR-Hire Position as the HR Generalist will do so instead. Upload an Official / Signed Employment Offer Letter / Contract: Upload the appropriate offer letter to ISD unless this H-1B applicant will be a Postdoctoral Research Associate (The Postdoctoral Affairs office will send it to ISSS) or an HR-Hire (HR Generalist will upload the letter). Items HR Generalist Must Upload in ISD For HR-Hire Positions: Copy of Official Job Offer Letter Signed by HR Generalist Copy of Job Description Used to Post the Position Actual Wage Documentation Completed and Signed by HR Generalist Upload a Signed Departmental Declaration Form You must upload a signed departmental declaration form for every H-1B application that you submit in ISD. The form can be found in Section #2 of www.temple.edu/isss/international/DocumentsNeededforH-1B.htm Items HR Generalist Must Upload in ISD For HR-Hire Positions: Copy of Official Job Offer Letter Signed by HR Generalist Copy of Job Description Used to Post the Position Actual Wage Documentation Completed and Signed by HR Generalist If you need assistance logging into ISD, contact Sharon Loughran in ISSS at sharonl@temple.edu Request Checks Needed for H-1B Petitions The Hiring Department is required to pay all fees except I-539 Fee for Dependents. If H-1B wants Premium Processing for Personal Reasons (like Traveling Home for a Wedding) the Applicant may pay the $1225 fee. Be sure to indicate to Accounts Payable (AP) that the checks be sent directly to Department Administrator’s Office Address and NOT TO USCIS! ISSS must attach the checks to the H-1B Petition. WRITE THE H-1B APPLICANT’S NAME ON THE CHECK! Please contact AP with any questions you have regarding the process for requesting checks. Once you have all the checks needed for the petition, mail or drop them off to ISSS. Use this address on the Request for Payment form for all checks regardless of whether they are made payable to USCIS or DHS: US Citizenship and Immigration Services ATTN: H-1B Cap Exempt Services California Service Center 24000 Avila Road, 2nd FL, Rm 2302 Laguna Niguel, CA 92677 Initial Transfer Department Required to Pay $500 (payable to Dept of Homeland Security) and $325 ( payable to USCIS); Optional: If Department wants Premium Processing for business purposes, Dept must pay $1225 (payable to USCIS) Department Required to Pay $500 (payable to Dept of Homeland Security) and US$ 325.00 (payable to USCIS); Optional: If Department wants Premium Processing for business purposes, Dept must pay $1225 (payable to USCIS) Extension Department Required to Pay US$ 325.00 (payable to USCIS); Optional: If Department wants Premium Processing for business purposes, Dept must pay $1225 (payable to USCIS) Amendment Department Required to Pay US$ 325.00 (payable to USCIS); Optional: If Department wants Premium Processing for business purposes, Dept must pay $1225 (made payable to USCIS) Dependents Either H-1B Applicant or Hiring Department Can Pay US$ 290.00 (check payable to USCIS). One fee no matter how many dependent applicants. If you need assistance logging into ISD, contact Sharon Loughran in ISSS at sharonl@temple.edu Items H-1B Applicant Must Upload to ISD Immigration Documents [ Do Not Upload The Same Document More Than Once] Certificate of Authenticity of Attached Documents (Section #2 of www.temple.edu/isss/international/DocumentsNeededforH-1B.htm) Copies of beneficiary’s passport (photo page, US entry stamps, visa stamps) Copy of beneficiary’s most recent I-94 if inside the US (www.cbp.gov/i94 ) Copies of all I-20 / DS-2019 Forms and EAD cards Copies of USCIS Receipt/Approval Notices (Receipt/Approval Notices for H-1B, I-140 and I485 Petitions, J waiver Approval Notice, etc) Copy of PERM if TU-Sponsored for Green Card Credentials: Current CV/Resume English-language translations of all diplomas English-language transcripts for all diplomas Academic Credentials Evaluation If Highest Degree was obtained Outside the US www.temple.edu/isss/general/credential.html Miscellaneous: Copies of 3 most recent paychecks to establish current employment in the US ONLY Copy of any license needed for this position USMLE Score Reports, Steps 1, 2 and 3 [clinical employment only] ECFMG Certification if Graduate of Foreign Medical Institution [clinical employment only] Dependents Who Are Currently in the US holding a non-immigrant status ( J-2, F-2, etc): Original Form I-539 [www.uscis.gov ] completed by H-4 Applicant(s) and signed in BLUE INK by dependent; Drop Off or Mail to ISSS with $290 check payable to USCIS) Copy of Marriage Certificate for Spouse / Birth Certificates for Children Copies of dependents’ immigration documents (passport photo page, US entry stamps, visa stamps, renewal pages only, Forms I-20 / DS-2019, etc) The fee for Form I-539 is $290, regardless of the number of applicants. The eldest dependent (usually the spouse) should complete and sign the application and the additional dependents should be listed on Supplement-1. If all H-4 applicants are under the age of 18 years, the oldest child should sign the I-539 in Part 5 if s/he is 14 years old or older. If the dependent filing the form is younger than 14 years old, the applicant should sign Part 5 AND Part 7, Signature of person preparing form, if other than above, indicating “Parent of Minor”. H-4 Dependents Applicants Who Are Outside The US must apply for an H-4 visa stamp at a US Consulate. Visit the Consulate’s website at http://usembassy.state.gov/ for items needed to apply for the H4 visa. Do not complete a Form I-539 Dependent family members in H-4 status are NOT eligible to work but may study full or part time. Children who are 21 years of age and older are NOT eligible for H-4 status. If you need assistance logging into ISD, contact Sharon Loughran in ISSS at sharonl@temple.edu