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H-1B Basics
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Employment Visa
Professional Position
Position must require a bachelor’s degree or
higher
Employee must hold a bachelor’s degree or
higher in a related field
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H-1B Time Limitations
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Generally limited to 6 total years
May request maximum of 3 years
for each petition
Can be extended beyond 6 years by
reclaiming time spent abroad, or if at
certain stage of “green card”
processing (labor certification
pending one year, approved I-140,
or I-140 pending for more than one
year)
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University of Virginia
Responsibilities
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File a Labor Condition
Application
(HRCIS completes with
information provided by the
Dept)
Document wages paid (Dept)
Maintain Public Access File
(HRCIS)
Pay return trip home for early
termination (Dept)
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Responsible Government Agencies
USDOL
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Certifies Labor Condition
Application
Regulates work conditions
Requires Job Postings
Audits Public Access file
USCIS
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Adjudicates H-1B
petitions (Form I-129)
Regulates and monitors
non-immigrant’s status
Requires employer to pay
return trip home
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Prevailing Wage
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The actual wage must meet 100% of the
Prevailing Wage (PW) or exceed it but can never
go below the PW.
HRCIS generally reviews sponsoring departments
position description, and minimum position
requirements, and determines proper wage via
U.S. Dept. of Labor wage guidelines for
employment at higher education institutions.
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Processing Times
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Standard
Dependent Upon USCIS
California Immigration
Service Center Processing
Pace
Generally 3 to 5 months
HRCIS prefers to initiate
process 6 months prior to
first date of employment
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Premium
Request case to be
adjudicated within 15
calendar days upon receipt
of petition by immigration
service center
Receive e-mail approval
notice
Receive original approval
notice, Form I-797, 7 – 10
days after e-mail approval
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H-1B Petition Types
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New H-1B (Change of Status, Consular
Processing)
H-1B Extension
H-1B Transfer (Portability)
H-1B Amendment (often combined with
extension)
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New H-1B Petition
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Consular Processing – foreign national
entering U.S. from abroad, allow additional
time for consular interview and processing
Change of Status – move from another visa
status, typically F1, J1, or H4
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H-1B Transfers (Portability)
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Those in valid H1B status elsewhere can begin
employment at UVA only after HR/CIS
receives confirmation from USCIS that a
petition was filed.
HR/CIS prefers to have the request for the
transfer around 1 to 2 months prior to the new
employment start date.
Transfer applications are not automatically
approved so there are risks involved in the
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process.
H-1B Extension
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Petitions for extensions should ideally be made no later than 6
months before the current H1B status expires.
Employment may continue up to 240 days past the expiration of
the current H1B status.
Travel outside the U.S. is not recommended while an H1B
extension is pending as USCIS may deem employee has
abandoned their H1B status.
An extension request can only be filed if the employee is currently
in the United States
Suggest upgrade to premium processing if travel is absolutely
necessary.
If employee is outside the U.S., then he/she must wait outside the
U.S. until new H1B status has been approved.
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H-1B Amendment
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Any substantial changes to position may
require filing an amended petition:
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Position Title
Salary
Position Duties
Department
Hours worked
Work location (including sabbatical, temporary
assignment elsewhere)
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The J-1 Two Year Home
Residency Requirement
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Many individuals in J-1 status are required to
return to their home country for two years after
completing their program.
Unless they fulfill this obligation or receive a
waiver of the requirement, they can not change
their status to H1B.
The waiver can take up to one year to obtain.
Application made by the foreign national at their
own expense.
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Department Fee
Obligations/USCIS
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$325 for any H1B petition, USCIS Form I-129
filing fee
$500 fraud prevention and detection USCIS
fee for all new H1B petitions and for all H1B
transfers to UVA.
The $500 fee is not imposed on H1B extension
petitions.
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Department Fees
HRCIS Processing Fees as of October 1, 2011
 $800 for all H1B petitions filings.
 $700 for expedited service
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All USCIS and HRCIS fees, with one
exception, must be paid by the sponsoring
department. The foreign national may not
reimburse the department for these expenses.
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Additional H-1B Petition Filing Fee
for USCIS Expedite Request
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Additional $1,225 fee to request Premium
Processing, USCIS Form I-907.
Request to USCIS to adjudicate an H1B
petition within 15 calendar days of receiving
the H1B petition.
The employer or employee may pay the fee.
Receive electronic approval notice that may be
used to place employee on payroll.
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H-1B Process at UVA
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Departments contact the H1B advisor. The
advisor will determine if the H1B is the best
option.
Department downloads H1B Packet from
HR/CIS website
Department and foreign national cooperate to
complete and provide necessary
documentation
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UVA
H-1B PROCESSING
INS ZOOM
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INSZoom is a comprehensive electronic
immigration management system.
Enables electronic data transfer between
HR CIS, departments, faculty and staff.
Access to foreign nationals linked to department,
review immigration history and documents,
submit H-1B packet information through
INSZoom, track petition filing process
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Part-Time H-1B Employment
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U.S. Dept. of Labor requires employers to keep
records of hours worked each day and each week
for all part-time H-1B employees.
Regardless if part-time employee is paid a fixed
salary, and regardless of whether employer
currently keeps records of its other part-time
salaried employees.
Sponsoring department must complete and return
HRCIS form:
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Verification of Part-time Record Keeping
Other H-1B Issues
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Wage requirements (prevailing wage)
All financial support must come from UVA
Length of processing time
Job site specific
Expense related to expedited processing of petitions
Dependents of H1B’s (H4) are not allowed to work
No Official “Grace Period” for H1B holders after
their period of authorized stay ends, or after their
employment terminates.
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Visa Issuance for Entry to U.S.
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The only place a visa stamp can be issued is at
a U.S. consulate or embassy abroad.
Renewals of H-1B visas (entry stamps in the
passport) within the U.S. are no longer
possible.
I-797 does not allow travel, but does authorize
employment while in the United States
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TRAVEL WARNING!
FOR FOREIGN NATIONALS
PLANNING TO TRAVEL ABROAD:
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The U.S. Department of State (DOS) and the U.S. Department of
Homeland Security (DHS) have increased the level of review that
international visitors face at U.S. Embassies and Consulates abroad,
at airports, and at border crossing posts with Canada and Mexico.
The U.S. State Department processing time for a security screening
at a consulate abroad is currently 12 weeks, with no option
available for expediting the process.
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TRAVEL ADVISORY
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Each foreign national, in consultation with their
department if appropriate, should make their own
decision regarding travel abroad.
HRCIS advises undertaking travel abroad with the
understanding that returns to the U.S. may be
significantly delayed
All foreign nationals traveling abroad should be
certain to carry documentation supporting their
current visa status.
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H-1B Visa Holder Leaving UVa?
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Termination
Transfer to another institution
Leaving the United States
Departments should immediately notify
HRCIS
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LCA Withdrawal (USDOL)
H-1B Withdrawal (USCIS)
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When should UVa. Depts.
Contact HRCIS?
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Anytime there is a change to an H-1B Visa
Holders employment situation.
Anytime an employment immigration
document needs to be signed
Prior to hiring a foreign national
Anytime . . . .
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New H-1B Developments
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Export Control Attestation now required
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Department must submit I-129 Export
Certification Request to Office of Export Control
Include advisory letter with H-1B petition
materials submitted to USCIS
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Q&A
Human Resources – Compliance & Immigration Services
914 Emmet Street, P.O. Box 400127, Charlottesville, VA. 22904-4127
Tim White (434) 982- 2735
E-mail: tjw5x@virginia.edu
Fax: (434) 924-3194
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