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H-1
Temporary Worker Classification
The H-1 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-1 application, the H-1 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-1 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-1 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-1. 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-1 application. Therefore, the department
must plan in advance when hiring an international employee
in H-1 classification. The department can choose to pay
a $1000 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-1 visa at a US Embassy or Consulate
that will enable the scholar to enter the US and commence
employment.
Once the H-1 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-1 employee
as well as the activities of their H-4 dependent family members
throughout their stay in the US. The H-1 authorization only allows
for employment in the position specified on the original H-1 application
submitted to USCIS. In addition, the international H-1 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-1 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.
Processing Summary
for Initial H-1 Request |
Step 1
Department forwards
completed H-1 request forms to ISSO |
Step 2
ISSO requests official
prevailing wage determination from SWA |
Step 3
ISSO forwards Labor
Condition Application (LCA) to department for posting |
Step 4
ISSO submits LCA to
DOL for approval |
Step
5
ISSO submits petition
and supporting documentation to USCIS |
Step
6
ISSO forwards USCIS
approval notice to prospective scholar |
Step
7
Prospective scholar
applies for H-1 visa at a US Embassy or Consulate
and travels to the US |
Step
8
Prospective scholar
reports to the ISSO no later than 3 days after start
date of the academic appointment |
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