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Instructions for Foreign Nationals

H-1B Temporary Worker Status is designated for individuals coming temporarily to the U. S. to work in a specialty occupation. The H-1B process is more complex than other immigration status and the processing time is long and inflexible. (There is no way to expedite of the Department of Labor portion.) Unless premium processing will be used, Scholars should allow at least six months for the entire process including the Department of Labor (DOL) and the United States Citizenship and Immigration Services (USCIS) processes.

 

Application Procedure

        

Discuss with the hiring department whether they support sponsoring you in H-1B Status.

If they do, you will be contacted by the hiring department and asked to complete the H-1B Application Information Form: Questionnaire for Foreign National.pdf

Provide the following supporting documents along with your questionnaire to the hiring department.

 
  • Your C.V.

 
  • Your highest degree certificate and transcripts. If the degree is from outside of the U.S., they must be translated into English and you are required to have a credential evaluation completed. (Contact your OIA H-1B adviser for a list of acceptable credential evaluators.)

 
  • You electronic copy of your I-94.

 
  • Passport personal data and expiration page.

 
  • If you are in or ever have been in F-1 Student Status: copies of all of your F visa stamps, I-20s and OPT EADs card (both sides).

 
  • If you are in or ever have been in J-1 status: copies of all of your J visa stamps, DS-2019 forms and a copy of the waiver of the two-year home-residency requirement (if this applies).

 
  • If you were ever in H-1B Status: copies of all previously issued I-797 Notice of Action forms issued by the USCIS.

 
  • Provide OIA with the location of the American Embassy/Consulate location (city and country) you plan to will apply for the H-1B Visa.

 
  • If currently in the U.S., verification that you are currently employed per conditions of your valid H-1B Status; please provide photocopies of current pay stubs (at least 3 months)

 
  • If you would like the H process expedited speak to your department about the additional Premium Processing fee of $2,500.

 
  • For any dependents requesting H-4 Status, provide copies of their passport biographical page, copies of  previous immigration status in the U.S. (if applicable) and documents showing relationship to dependent (e.g. marriage certificate, birth certificates). Note that hiring departments generally do not pay application processing legal fees or government filing fees for dependents. The foreign national will be responsible for paying these costs out of pocket for any dependents included on the I-129 petition.