H1-B Process
The H application requires attestations and approvals from the Department of Labor (DOL) as well as US Citizenship and Immigration Services (USCIS) so the process tends to be more complicated and take longer. Due to the nature of the application process, BU policy restricts H-1B sponsorship to long-term teaching and research positions where the J-1 classification is not an option. 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 compile all required documentation, forms and approvals noted in the immigration processing request.
Key Steps Required for H1-B Processing
Processing timeline starts at point that the ISSO receives the completed immigration processing request from the hiring department.
|
Processing Step |
Estimated Time Required 1 |
| ISSO Review |
1. ISSO completes Initial Review of department request; This includes a processing request received e-mail and follow up with filing strategy and request for clarifications, as appropriate |
7-14 days |
| US Department of Labor (DOL) |
2. ISSO obtains Prevailing Wage Determination from the Department of Labor (DOL) based on job description and minimum qualifications provided |
30-60 days |
| 3. ISSO prepares required Posting Notice |
| 4. Hiring Department confirms that they have posted the notice; |
| 5. ISSO submits Labor Condition Application (LCA) & receives certification |
| 6. Hiring Department removes Posting Notice after required posting period, completes form and returns to the ISSO |
| US Citizenship and Immigration Services (USCIS) |
7. ISSO prepares final petition for submission to USCIS |
5 – 10 days |
| 8. USCIS adjudicates petition |
|
|
| Regular Processing |
90-120 days2 |
| Premium Processing3 |
15 days |
| 9. USCIS prints and mails original approval notice to ISSO |
7-15 days |
| US Department of State (DOS)(if employee out of the U.S. or traveling) |
10. Prospective or continuing employee (who is out of the U.S.) applies for H-1B visa and travels to U.S. no earlier than 10 days before H-1 start date |
30 – 60 days (not including security clearance delays) |
| Employment Verification |
11. New/continuing employee must complete a new I-9 Employment Eligibility Verification with ISSO within 3 days of employment start/extension date |
N/A |
| NOTES:
1 Petitions for initial H-1B sponsorship (including requests for a change of immigration status for a person already in the U.S.) require USCIS approval before commencing or continuing employment. Petitions for extension of H-1B status or H-1B change of employer (for a person holding lawful H-1B status and continuing employment) must be received by the USCIS before the expiration of status (or the end date of active H-1B employment with a prior employer).
2 H-1B petitions are normally adjudicated within 90-120 days. This time varies greatly based on case volume, which typically follows the academic cycle. Longer processing times are expected for cases submitted in late spring and summer.
3 While most standard immigration sponsorship fees are centrally funded and paid directly by the ISSO, the Premium Processing fee must generally be covered by the hiring department. Payment of the premium processing impacts USCIS processing only (step 8) and does not apply to preliminary steps with the Department of Labor, ISSO or the hiring department. |
Please allow ample time for processing. The estimated times 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.
New employees must report to the ISSO within three days from the start of employment. BU is required to monitor the employment of the H-1B employees throughout their stay at BU. The H-1B authorization allows ONLY for employment in the position specified on the original H-1B application. Therefore, it is salary, location, job description, title and employer specific. Any proposed changes in activity should be discussed in advance with the ISSO.
