H-1B

The H-1B immigration process is a multistep process. The petition process involves several federal agencies, including the Department of Labor, United States Citizenship and Immigration Services, and sometimes the Department of State. Before the H-1B process can begin, the hiring department must submit an official request to the Office of Human Resources. 

If a prospective employee already has H-1B status for employment with another employer, Missouri S&T must file a new petition with USCIS before employment can begin.  The H-1B request procedure for the hiring department is exactly the same as it is for a person without H-1B status. However, in most cases, the employee may begin working as soon as we receive the receipt from USCIS.

Costs (paid to US Government):

• $460 filing fee – required on all applications.
• $500 anti-fraud fee – required on the first application but not on extensions.
• $2,965 premium processing – almost always necessary, but not strictly required; speeds up USCIS processing.

An H-1B employee must be paid the required wage, which is in accordance with US Department of Labor (DOL) regulations. The required wage is equal to the prevailing wage or the actual wage, whichever is higher. The prevailing wage is the average wages of persons similarly employed in the same geographic areas, as determined by the DOL.

The actual wage is the wage rate paid by the employer to all individuals with experience and qualifications similar to the H-1B employee’s experience and qualifications for the specific position. If the offered wage does not meet the higher of the actual or prevailing wage, the offered wage must be increased to meet or exceed the higher wage in order for ISSS to continue with the H-1B process.

The US government wishes to control the transfer of sensitive technology to nationals of certain countries. For this reason, it maintains a list of certain technologies considered to be sensitive. If a non-US employee will work with any of these technologies, the employer must obtain an Export Control License. USCIS requires every H-1B petitioner to sign a statement that it has checked the lists of export-controlled technologies before filing the petition.

Employers must notify the U.S. Department of Labor and the U.S. Department of Homeland Security if the employee will be working on more than one location. All work locations, or "Sites of Activity" should be noted during the hire process for H1-B applicants.

To enter the US you will need a valid H-1B visa. If you must apply for a visa, visit usembassy.gov for details about the visa process and requirements.

You will likely be required to provide some or all of the following:

• Your passport
• Your portion of the I-797 H-1B approval notice
• Copies of the I-129 and Labor Condition Application which we used to file your H-1B petition
• Your highest-level diploma. If your diploma is from a non-US university, you will also need a copy of your degree evaluation.
• The official offer of employment and any other correspondence you have received from your department.
• Form DS-160: the visa application form available from the US consulate or from their website (filed online before your interview)
• Other items required for all visa applications (photograph, etc.)
• Proof that you have paid the visa application fee. You should consult the website to see how the visa fee should be paid.
• If you have previously held J-1/J-2/H-1B status, copies of those immigration documents.
• If you will be working in a potentially sensitive academic field and you may be subject to a background check, a letter from your supervisor giving some details about the nature of your work.

*Canadian citizens are exempt from the visa requirement and do not need to apply for a visa. Canadian citizens can therefore apply for H-1B status when they enter the US.

If you travel outside the US the following documents are required for entry:

• Valid H-1B visa (obtained from a US consulate outside the US).
• Valid passport.
• Copy of Form I-797 (H-1B Approval Notice from the USCIS) which is valid for a period beyond the anticipated travel.
• Copy of Form I-129 (the H-1B visa petition). 
• Copy of the LCA (Labor Condition Application).
• Offer letter (if you are a new employee) or recent letter (if you are a current employee) from your hiring department verifying your current and continuing employment. The letter should also state your title and salary.

*Canadian citizens are exempt from the visa requirement.

After you obtain your H-1B visa you may enter the US up to 10 days prior to your petition start date. You can begin work as early as your start date, but you must begin work within 30 days of entering the US.

When you arrive, you will be inspected by a US immigration officer. They will stamp and notate your passport. We urge you to read the stamp in the passport very carefully and make sure that it indicates that you have been admitted in H-1B status until your petition end date or 10 days later. If it indicates anything else, ask to have it corrected, as it is rather hard to correct mistakes after you arrive.

H-1B is an employer- and job-specific immigration status. Therefore, any changes in employment must be reported so the appropriate action can be taken with the US Department of Labor and US Citizenship and Immigration Services.

Extension of Employment:

• The H-1B extension process is almost identical in paperwork requirements as an initial H-1B application.
• A petition must be filed before the current H-1B status ends in order to allow an individual to maintain status and continue to remain on payroll. The earliest an extension can be filed with USCIS is six months prior to the end date of the current H-1B status, but paperwork can begin one to two months before that. If a petition is filed in a timely manner, an individual in H-1B status is authorized to continue to work and be paid for up to 240 days after the expiration of their current H-1B status.
• Once the extension petition is approved by USCIS, individuals traveling abroad may need to visit a US consulate to get a new H-1B visa stamp before returning to the United States.

Changes in Employment:

When filing an H-1B petition, the university attests under penalty of perjury the employee’s position title, salary, job description, and work location(s) to Labor and Immigration. Reporting inaccurate information can result in severe penalties for the employer and/or serious legal problems for the employee.

Changes to report include, but are not limited to:

• Job title
• Department
• Work location
• Job description, including adding teaching duties
• Decrease in salary

Normal increases in salary are permitted.

Because the H-1B Petition, the Labor Condition Application (LCA), and the supporting documentation must all list the employee’s exact position title, salary, job description and work location, it is VITALLY IMPORTANT that the information provided with the H-1B request be complete and accurate. Submitting inaccurate information with either an H-1B petition or an LCA can result in severe penalties for the employer and/or serious legal problems for the employee. Once paperwork has been filed with the US Department of Labor and US Citizenship and Immigration Services, the university will be legally obligated to pay the stated salary.

Departure of Employee: US law requires the university to notify the US Department of Labor and USCIS of an early departure.

Hiring departments should notify the date of employment termination to human resources. The hiring department may be responsible for paying the continued salary of the employee, even if the person is no longer working. As soon as employment is terminated (or before), the employee must leave the U.S., apply for a change of status, or apply for permission to work in another position. Otherwise, legal H-1B status ends upon termination even if H-1B status has been granted to a later date. There is no grace period for an H-1B employee.

Site Visits:

US Citizenship and Immigration Services occasionally sends site inspectors to meet with departments and individuals in H-1B status. The intent of the site visit is to confirm that the H-1B employee is employed in the position and location that was specified in the H-1B petition. These site visits are often random and unannounced, and may occur prior to or after approval of a given petition. The inspector will likely ask for information about the person’s employment, including an overview of duties as well as proof of employment (often in the form of pay stubs or W-2 forms).