|
|
H-1B
Temporary Worker Classification
The H-1B classification
is an employment-based immigration status established by US Citizenship
and Immigration Services (USCIS) to employ international employees
with specialized training. The four-step application process requires
attestations and approvals from the US Department of Labor (DOL)
as well as US Citizenship and Immigration Services. Because of the
complicated and time consuming nature of an H-1B application, the
H-1B classification is generally only considered a viable category
for long-term, full-time employment if the J-1 classification is
not an option.
To qualify for the H-1B
classification, the prospective position must require a minimum
of a Bachelor's degree in a specialized area and the prospective
employee must have attained a minimum of Bachelor's degree or the
equivalent in a directly related field. Boston University submits
an application on behalf of the employee and can request a maximum
authorization of three years depending on the length of the academic
appointment. In addition, DOL regulations require that the institution
meet or exceed a determined minimum prevailing wage and that the
employee be compensated with employment benefits equivalent to that
of any other employee in the same position and level. Boston University
policy restricts H-1B sponsorship to long-term teaching and research
positions. Requests for exceptions to the policy must be submitted
in writing to the Office of the Provost on the Charles River Campus.
To initiate processing,
the host department must obtain an official academic appointment
on behalf of the international scholar through the standard appointment
channels at the school or college and follow the instructions on
the appropriate Scholar Processing Checklist for H-1B. It is recommended
that the department consider the ISSO processing estimates when
requesting an academic appointment and completing the international
scholar request forms. The department must supervise the completion
of the necessary request forms. The forms must be submitted
to the ISSO with all supporting documentation at least six months
prior to the anticipated start of employment. The ISSO
must receive all required documentation before processing can commence.
USCIS currently requires at least five months to evaluate and approve
a pending H-1B application. Therefore, the department must plan
in advance when hiring an international employee in H-1B classification.
The department can choose to pay a $1,225 fee to USCIS to expedite
the application. However, this service known as Premium Processing does not affect the time ISSO needs to process the initial steps
of the application. Regardless of the type of service requested,
once USCIS approves the application, the ISSO will forward the approval
notice to the prospective employee. He/she must apply for an H-1B
visa at a US Embassy or Consulate that will enable the scholar to
enter the US and commence employment.
Once the H-1B
employee arrives in the US, he/she must report to the ISSO
within three days from the start of employment. Boston University
is required to monitor the employment of the H-1B employee as well
as the activities of their H-4 dependent family members throughout
their stay in the US. The H-1B authorization only allows for employment
in the position specified on the original H-1B application submitted
to USCIS. In addition, the international H-1B employee must agree
to adhere to all H-1 immigration regulations, notify the ISSO and
USCIS with any changes in residential address, inform the ISSO of
any changes to the activity and location of H-4 dependent family
members and consult with an ISSO staff member prior to departing
the US.
The H-1B classification
is salary, location, job description, title and employer specific.
Therefore, the department member supervising the international scholar
must contact the ISSO to initiate an amended petition prior to any
changes to the employee's activities including, but not limited
to, changes in employment, remuneration, location of employment,
duration of appointment, change in immigration status and termination
of activity. Failure to comply with these regulations may jeopardize
the lawful immigration status of the visitor, his/her family as
well as Boston University's ability to sponsor international scholars
in the future.
Key
Steps Required for H-1B Processing |
|
|
Processing
Step |
Estimated
Time Required 1 |
| ISSO
Review |
1.
ISSO completes Initial Review of department
request |
1-2
weeks |
|
US Department of Labor (DOL) |
2.
ISSO obtains Prevailing Wage Determination
from US Department of Labor – Washington DC Service Center
|
4
weeks |
| 3.
ISSO prepares Posting Notice
4.
Hiring Department confirms posting |
1
week |
| 5.
DOL certifies Labor Condition Application
(LCA) |
1-2
weeks |
|
US Citizenship and Immigration Service
(USCIS)
|
6.
ISSO prepares petition and mails it to USCIS
|
1
week 2 |
| 7.
USCIS Adjudicates petition |
Regular
Processing -
Varies
based on academic cycle - Estimated 12 weeks 3 |
| Premium Processing - up
to 15 days 4 |
TOTAL
Time Estimated (Employee in US - extend, amend, change
employer): |
8-10
weeks
(2-3 months) |
| TOTAL
Time Estimated (Employee in US – change immigration
status): |
20-22
weeks
(5-6
months) |
| US
Department of State (DOS) |
8.
Prospective or returning employee who is out of the US makes
appointment at a US Embassy or Consulate abroad to apply for
an H-1B visa to travel to the US |
4
weeks (longer possible in cases of federal security clearance
delays) |
| Travel
|
9.
New employee with initial H-1B petition and approval H-1B
visa may enter the US a maximum of 10 days
in advance of H-1B start date |
N/A
|
| I-9
Compliance |
10.
New/continuing employee must complete a new I-9 Employment
Eligibility Verification with ISSO within 3 days
of employment start/extension date |
N/A
|
TOTAL Time
Estimated (Employee out of US, including approved
extensions to permit international travel)
|
|
|
1
Departments are advised to allow ample time for
ISSO processing. The estimated processing times outlined above
represent a standard case. Delays are possible due
to incomplete or incorrectly-filed requests, changes to the
proposed employment conditions, heavy case volume, technical
errors, system failures, vacation times or holiday closures,
etc.
2
Petitions for initial H-1B sponsorship (including
petitions requesting change of immigration status
for a person already in the US) require USCIS approval
of the petition – completion of Step 7 above – before
the prospective employee can commence or continue BU employment).Petitions
for extension of H-1B status or H-1B
change of employer (for a person holding lawful
H-1B status and continuing active paid employment) must be
received by the USCIS – completion of Step 6 above
– before the expiration of status (or the end date of active
H-1B employment in good standing with a prior employer), provided
the employee does not have plans to travel abroad until the
case is adjudicated by USCIS.As the timing of each case can
be quite complex, departments must discuss the details of
timing with the ISSO staff person handling the specific case.
3
H-1B cases for universities are currently adjudicated by a
designated unit at the USCIS California Service Center. This
CSC unit attempts to adjudicate cases within a 12 week period.
This time may be shorter or longer based on case volume, which
typically follows the academic cycle. Longer processing times
are expected for cases submitted in late spring and summer.
4
While most standard immigration sponsorship fees are centrally
funded and paid directly by the ISSO, the Premium Processing fee of $1,225 must generally be covered by the hiring department.
|
| Click
here to view the Processing Checklist and download required
forms |
|
