1. Hiring International
employees on H-1B
visa/status
• The basics: understanding visa/status and other immigration
documentation
• H-1B overview
• H-1B flow chart
• Current immigration requirements
• Procedures on Trinity University campus

2. H-1B visa stamp H-1B status
Visa stamp in passport allows
H-1B nonimmigrant to board
transportation to the U.S. and
apply for admission upon
arrival
1. It is a travel document only;
a visitor may stay in the
United States with an
expired visa
2. The State Department
grants visas at U.S.
Embassies & Consulates
abroad.
3. H-1B nonimmigrant can not
apply for H-1B visa while in
the U.S.
4. Visa processing times vary,
depending on the U.S.
Embassy or Consulate
5. Entry to the U.S. is not
guaranteed even if visa is
valid
H-1B immigration status allows
a visitor to reside/work in the
United States.
1. U.S. Department of
Homeland Security grants
immigration status upon
inspection when one arrives
in the United States
2. U.S. Citizenship &
Immigration Services
(USCIS) may allow us to
change or extend that status
for those already in the
country

3.  Issued at the port of entry upon inspection
 Returned at the point of departure from the U.S.
 Establishes a foreign national’s ability to be lawfully present in
the U.S.
 Must have “Trinity University” annotation on it
 Provides the date by which scholar must depart the U.S.
 While it looks like a simple card, it is a critical document. It costs
$330 to replace lost or stolen I-94.
 I-94 scan/copy kept in ISSS files for record keeping purposes

4.  What is the job title? Is this a tenure-track
position?
 How long will the visitor stay? Is s/he currently
inside the United States?
 Will the visitor be paid? How?
 What previous entries and visa statuses does
the foreign national have in the past?
 Did the visitor ever hold J-1 visa/status?
 Will the visitor potentially be subject to 212(e)
2-year home residency requirement?
 Does the foreign national have a spouse who
may need to work?
 Will proposed salary meet prevailing wage?
 Are there any time constraints?
 How soon is anticipated
employment start date?

5. An H-1B “specialty occupation” is an
occupation that requires:
 Theoretical and practical
application of a body of highly
specialized knowledge

6. Employment must: Nonimmigrant must:
 Be a “specialty
occupation”
 Require a
minimum of a
bachelor’s
degree or
higher
 Scholar holds a
U.S. bachelor’s
degree or
equivalent in the
area of specialty
 Not be subject to
212E: 2-Year
Home Residency
Requirement

7. 1) The U.S. Department of Labor (DOL)
◦ Receives, certifies, denies and withdraws Labor Condition Applications
submitted by ISSS on behalf of Trinity University
2) The Department of Homeland Security (DHS)
◦ Accepts Trinity’s H-1B petition and confers H-1B status of the nonimmigrant,
either through change of status or in admission to the U.S.
3) Trinity University
◦ The hiring department
 Communicates with HR and ISSS if employee is international and
if there are any changes to existing job of H-1B
◦ Human Resources office
 Provide ISSS office with documentation showing that H-1B
employee is eligible and was offered and received the same
benefits programs as other similarly situated employees and
records of the offer benefits provided and chosen.
◦ Academic Affairs
 Issues appointment letter and CUPA faculty survey upon request
◦ Business Office
 Issues checks for H-1B processing fees
◦ ISSS office
 Prepares and submits LCA, prepares LCA and supporting
documents available for inspection, submits H-1B petition to
DHS, maintains records
4) International worker, H-1B applicant
◦ Is responsible for maintaining status by complying with terms of employment,
notify ISSS of any changes in immigration status and employment terms, and
off campus address.
5) The U.S. Department of State (DOS)
◦ Through U.S. Embassies and consulates is responsible for issuing H-1B visas.

8.  Status is for temporary employment
◦ Increments of up to 3 years
◦ 6 years total is permitted by regulation
 Employer-specific & department-specific
◦ Cannot work outside of Trinity University
◦ Job changes may require an amended H-1B
petition
 H-1B employees can have immigrant intent
◦ May apply for a green card while in H-1B
status.
◦ Travel and visa applications may be easier
 H-4 dependent spouse and children
◦ Can study and can’t work. If employment is
important for spouse, J-1 visa may be more
appropriate for scholar

10. In the U.S.: Change
of Status
Abroad: Consular
Processing
For beneficiaries who are
in the United States in
another valid visa status:
 Filed with U.S.
Citizenship &
Immigration Services
 Status is changed, but
no new visa stamp in
passport
For beneficiaries who are
abroad:
 Filed with U.S.
Citizenship &
Immigration Services
 U.S. Consulate
specified in petition -
must obtain visa stamp
to enter United States
 Approval mailed to
beneficiary - entry
permitted only 10 days
prior to start date

11.  Aliens who are already present in
the U.S. in another nonimmigrant
status may be able to change
status to H-1B by applying to the
USCIS.
 Not eligible for change of status
within the US are:
◦ Visitors who entered under visa
waiver program (WB or WT)
◦ C (transit)
◦ D (crewman)
◦ J (exchange visitor who is subject to
212(e)
◦ K (fiancé/spouse of U.S. citizen)
◦ S (federal witness)

12.  Employer-specific work authorization:
 Transferring an H-1B is the same process
as applying for initial H-1B
 Previous H-1B period is calculated and
deducted from 6 years maximum
 $500 anti-fraud fee applies
 Can begin working once USCIS receipt is
received
 Should not terminate current
employment until receipt for transfer
petition is received

13.  H-1B status permits an alien to
work for several employers at
one time, provided each
employer has an approved H-1B
petition for the alien in question.

14.  Extension of same employment
 Extending an H-1B is a similar process to
applying for a new petition
 $325 filing fee, no $500 anti-fraud fee
 Can continue working for up to 240 days
beyond the end date of current H-1B
status once USCIS receipt is obtained

15. Job-specific work authorization: Changes in employment (department,
job duties, major salary change, location
of employment, number of hours)
 Amending an H-1B is similar process to
applying for an extension of H-1B status
 $325 filing fee, no $500 anti-fraud fee
 Can begin working in new job once
USCIS receipt is obtained
 Usually combined with an extension

16. All fees are normally paid by the hiring
department
 $325 USCIS Filing Fee for Form I-129
 $500 USCIS Anti-Fraud Fee for new or transfer
H-1Bs (does not apply to extensions or
amendments)
 Optional Premium Processing costs $1,225
 $290 dependent filing fee for H-4 status, if
applicable
Please note that ISSS at Trinity does not charge
what is commonly know as “ISSS Foreign Scholar
Services Fee”. UT for example charges $750 for
filing initial H-1B and $500 for filing extension.
Immigration attorneys charge $1,500 and up for
processing.

17. The hiring department will need to collect
and submit the following:
 Copy of appointment letter
 Complete H-1B document
◦ Page 2: H-1B confidential worksheet
◦ Page 3: Statement of Actual Wage
Determination (w/ Documentation of all
Employees in Same Job Classification)
 Export Control Form
 Memorandum of support (sample)

20. Must Include:
 Job description & minimum
requirements
 Language about temporary nature
of employment
 Dates of employment (normally
maximum 3 years of H-1B
employment is requested)
 Beneficiary’s qualifications
 Beneficiary’s past immigration status
 Return travel guarantee

21.  If Trinity University terminates an H-
1B worker prior to the expiration
date of his/her H-1B status, the
employer must pay the cost of
transportation to return the
individual to his/her home country
 Required by regulation and must
be stated within the Department
Letter of Support

22.  ISSS reviews documents for completion,
contacts department or employee if necessary
 CUPA faculty survey is requested from
Academic Affairs to obtain median faculty
salary survey for specific title in specific field
 ISSS files the Prevailing Wage and Labor
Conditions Application (LCA) request through
the U.S. Department of Labor (DOL)
◦ LCA requests require at least a week for the
DOL to process, another important issue to
remember when planning
1. Trinity University attests that employee will be
paid at least the prevailing wage
2. Trinity University attests that employment of the
H-1B will not adversely affect other workers
 LCA memorandum is prepared and posted at HR
office and hiring department for
10 business days

23.  Employee’s salary must be at least
100% of the Prevailing Wage
 The employee must also meet Actual
Wage regulatory requirements,
meaning that s/he must be within
the range of salaries paid by the
Department to all workers with the
same job title (accounting for
experience and education)

24.  If employee’s salary is not 100% of the
prevailing wage, the choices are:
◦ Actual Wage must be raised to meet the
PW requirement (Director or Chair likely
will need to sign a new support letter)
◦ If salary requirement can not be met,
look at other work authorization options
(most commonly J-1)

25.  ISSS will prepare
◦ Form I-907 (2 pages)
◦ Form I-129 (35 pages)
◦ Form I-539 (5 pages) – if applicable

26.  Checks are payable to “US Department of Homeland
Security.”
 Separate checks are required for each fee.
◦ Form I-129: $325 filing fee (all petitions)
◦ $500 anti-fraud fee (new and transfer petitions only)
◦ Form I-907 - $1,225* premium processing
◦ Form I-539 - $290* dependent filing fee
These filing fees can be paid by the Trinity University
Department or the beneficiary
 Payee address:
Premium Processing Service
U.S. Citizenship and Immigration Services
California Service Center
24000 Avila Road
2nd Floor, Room 2312
Laguna Niegel, CA 92677

27.  Regularly filed petition approvals
are generally taking 4-6 months
 Premium Processing – 15 days
 ISSS prefers to use courier delivery
for petitions filed with USCIS, hiring
department will be contacted for
FedEx mailing procedures

28.  Department processing times - variable
 Prevailing Wage - at least 10 working days
 LCA processing - at least 1 week
 ISSS Document Preparation – about 1 week
 Checks – about 1 week
 Receipt of USCIS filing - 2-3 weeks once
filed by courier
 Approval Notice I-797 -
◦ 4-6 months with standard processing
◦ 15 days with premium processing

29.  USCIS sends the results of decision via
email
 Employee, hiring department and HR
office are notified by ISSS via email
 When original notice of action is
received, it is forwarded to employee
 Notice of Action scan/copy kept in ISSS
files
 The entire H-1B packet is forwarded to H-
1B worker as a scan and paper copy

30. The H-1B Employee:
 May begin, continue or return to
employment as of start date on H-1B (or
receipt date for transfers)
 Comes to ISSS to pick up copy of approval
notice and new I-94 card
 Completes a new I-9 with HR

31.  ISSS sends a scan of all approval and other necessary
visa application documents to employee via email.
 ISSS sends originals and copies of approval and other
necessary visa application documents to employee via
FedEx.
 Employee goes to a U.S. Embassy or Consulate to
apply for H-1B visa
When H-1B was filed, a copy of petition was mailed to the
U.S. Consulate that scholar specified in the original
petition.
If H-1B worker’s plans change, and visa can not be
obtained at the U.S. Consulate that scholar specified in
the original petition, ISSS must be notified in a timely
manner so arrangements can be made and petition
transfer can be requested from one consulate to another.
Visa processing times will vary depending on the U.S.
Embassy or Consulate
 See “Visa Wait Times” at http://travel.state.govmp

32.  Check-in with ISSS
 Complete an I-9 with department
 Notify ISSS if any changes in
immigration and employment terms
occur
 Update address with USCIS
 Review immigration documentation
for accuracy and validity
 Keep track of H-1B periods

33.  All absences (even non-work
related) from the US can be
adequately documented and the
time spent outside the US can be
“recaptured” at the time an
extension of stay is requested
 Detail documentation must be
presented to validate departures
from and reentries
to the US.

34.  Unlike F-1 and J-1 immigration
categories, there is no automatic
“grace period” for aliens in H
status after their period of
authorized stay ends, or after
their employment terminates.

35.  Aliens in H status may be
admitted to the US up to 10 days
before the petition validity period
and up to 10 days petition
validity period, granting the 10-
day post-petition period is
entirely discretionary.
 Aliens may not be employed
during either of these 10-day
periods.