̨Íåswag

H-1B non-immigrant status is designed for individuals coming temporarily to the U.S. to perform services in a specialty occupation, defined as "an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in a specific specialty as a minimum for entry into the occupation in the United States." INA 214(i).

The H-1B has the interesting characteristic of permitting dual intent. Unlike many other visas, a holder of an H-1B may intend to be in the U.S. for a temporary and permanent period of time, opening the door to apply for permanent residency while in H-1B status.

For the H-1B, the employer is the petitioner, and the employee is the beneficiary. The H-1B is authorized according to specifics in the petition.

• Employer: H-1B employees may only work for the employer listed in the approved petition.
• Position: The H-1B is approved for a specific job, salary, and hours per week. Any changes to the position may require an amended H-1B petition.
• Location: The H-1B is approved for the employee to work in a specific location. A change in location (including departments, campuses, or remote work) may require an amended petition.
• Time: An H-1B may be initially requested for a maximum of three years. An H-1B can be extended, but the maximum amount of time an individual may hold H-1B status is 6 years, with a few exceptions. 

• Step 1: The employee's department submits a request to sponsor their employee for an H-1B visa, providing the required information.
• Step 2: The employee provides Human Resources with documentation related to their immigration history and any other requested supporting documentation.
• Step 3: Upon determining that the position meets the criteria, and the employee is eligible for H-1B status, a Labor Conditions Application (LCA) is filed with the Department of Labor.
• Step 4: Upon approval of the LCA by the Department of Labor, the H-1B petition is submitted to USCIS. Processing times can vary and can take several months under regular processing. If a department chooses premium processing, USCIS will provide an initial response to the petition within 15 days of receipt.
• Step 5: If the H-1B petition is approved, USCIS will issue an I-797A approval notice, which will be sent to HR and then provided to the employee.
• Step 6: Employees with an approved H-1B petition should contact ̨Íåswag's Human Resources to make sure their information is properly updated.

• ̨Íåswag will only file for full-time(100% time plus benefits) employees. Faculty positions must be full-time, tenure track or non-tenure track. Limited term appointments will not be sponsored. Staff positions must be for at least one full year.
• ̨Íåswag sponsorship for H-1B status is available for positions that support the academic mission of the university and are considered "specialty occupations" as defined by the regulations. ̨Íåswag will not petition for an individual whose occupation does not meet these standards (e.g., clerical/secretarial positions, low-level accounting professional positions). Ultimately, United States Citizenship and Immigration Services (USCIS) makes the final decision on whether an individual qualifies for H-1B classification.
• The department must cover the associated costs of filing the H-1B petition. Premium processing for a faster USCIS response time is optional, with an additional cost of $2,500 or more.
• H-1B sponsorship can only proceed after a thorough review of all required documentation. 
• The actual wage must meet or exceed the prevailing wage determined by the U.S. Department of Labor.  The actual wage is the wage paid to other "similarly situated" co-workers with the same duties and qualifications; the prevailing wage is the average salary paid to workers in the area of intended employment.

• The H-1B is employer and job specific. This means the employee may only work for the sponsoring employer and in the job described in the petition. Employment changes may require an amended H-1B petition before the change takes effect. It is the department's responsibility to notify Human Resources of these potential changes. Changes include:
  • Title
  • Job duties
  • Salary
  • Work location
  • Termination or resignation
• Under federal law, H-1B employees may not have access to controlled technology without the appropriate license. Should an H-1B employee's duties require access to such technology, contact Human Resources and the Information Technology (IT) Department about a license.
• If the department wishes to sponsor an H-1B extension for a current employee, this should be requested no later than 6 months before the expiration of the employee's current H-1B status. The department must cover the associated costs of filing the extension petition. Although Human Resources will generally send reminders to the department, it is also the employee's responsibility to track their expiration date and follow up, as necessary. 
• Federal law requires employers who terminate the employment of an H-1B worker before their current H-1B status expires to pay the reasonable cost of return transportation to the employee's last residence abroad. Departments are expected to cover these costs.

• The Petition: Preparation and filing of the H-1B petition is a multi-step process which takes significant lead time. Once filed, an H-1B petition can take several months for approval, depending on USCIS processing times and whether premium processing was chosen. With premium processing, USCIS will review the petition within 15 days of receipt. Note that this does not guarantee approval. USCIS could respond within the 15 days with a request for additional information, approval, or denial.
• Beginning Employment:
  • Individuals outside the U.S. must wait for the approval notice before applying for an H-1B visa stamp at a U.S. embassy or consulate and entering the U.S.  The employee is responsible for any fees associated with obtaining the visa. Please note that individuals with approved petitions and a visa may enter the U.S. no earlier than 10 days before the petition takes effect.
  • Individuals currently in another non-immigrant status may only work under the terms and conditions of their current status. If their status does not provide work authorization or if that authorization expires, the employee may not work and may only be employed upon approval of the change of status to H-1B and once the effective date is reached. F-1 and J-1 visa holders may not work during their grace periods.
  • An H-1B employee who is currently in H-1B status elsewhere may not begin work at ̨Íåswag until the I-797C Receipt Notice from USCIS has been received by ̨Íåswag. The receipt notice serves to verify proper filing of a ̨Íåswag-sponsored H-1B petition to "port" or transfer, the current H-1B to ̨Íåswag. 
  • All new employees are required to attend the next scheduled Human Resources Orientation upon beginning their employment at ̨Íåswag. New employees are  required to present documentation within three days of their start date verifying their employment eligibility in the U.S. as part of the federal I-9 process. If an employee does not have a Social Security Number, they will need to apply for one and provide a copy of the card to Human Resources in order to go through the e-Verify process and in order to be paid.
• Length of Stay: Non-immigrants in H-1B status are eligible for a total maximum stay of 6 years. The initial petition may cover a period of up to three years and may be extended, before the expiration date, to a total of 6 years. The 6-year limit, however, is cumulative, not per employer. In certain cases, for employees seeking permanent residency, additional extensions may be granted.

Permanent residency allows a foreign national to live and work in the U.S. indefinitely. There are several categories that one may file under for permanent residency. ̨Íåswag will consider sponsoring employment-based permanent residency petitions under the EB-1B Outstanding Professor or Researcher category or the EB-2 Advanced Degree or Exceptional Ability category. Each of these categories has its own requirements.

• EB-1B Category: This category is reserved for those considered outstanding in their specific field, who have obtained international recognition as a Professor or Researcher, and who have at least three years of teaching and/or research experience. Only tenured or tenure-track faculty may use this category and extensive documentation is required.
• EB-2 Category: This is the most common route to an I-140 approval for teaching faculty at ̨Íåswag. To pursue this category, the position must require classroom teaching duties and at least a Master's degree in the appropriate discipline for the position. Staff positions must be in a specialty occupation and will be reviewed on a case-by-case basis.

The Permanent Residency Process is a three-step process that can take multiple years. 

• Step 1: For EB-2 cases, Labor Certification must be obtained from the Department of Labor. This involves requesting a Prevailing Wage Determination from the U.S. Department of Labor and then filing a Permanent Labor Certification (PERM). PERMs must be filed within 18 months of the date the candidate was selected or a new recruitment would need to be run.
• Step 2: The next step is filing the I-140. For employment-based petitions, this is filed by ̨Íåswag. Premium processing for a faster response time is optional.
• Step 3: The final step is the I-485, which is the individual's petition to adjust status from nonimmigrant to permanent residence. ̨Íåswag will assist sponsored employees with the fees associated with their employment-based I-485 application, which must be prepared by outside counsel designated by ̨Íåswag.  Employees will be responsible for the fees for the I-485 applications for their dependent spouse and/or children.  (Please note:  If the employee’s priority date is current at the time of filing, it may be possible to file the I-140 petition and the I-485 application concurrently; in some circumstances concurrent filing will not be possible, and employees from certain countries may need to wait several years to file their I-485.) 

• ̨Íåswag will only sponsor applications for full-time tenure and non-tenure track faculty positions involving some classroom teaching duties, and full-time staff positions in a specialized occupation. Staff requests will be reviewed on a case-by-case basis.
• Positions cannot include a set end date for employment, and the intention must be for long term employment.
• The applicant's education and experience must be in the same field of study as the position in which they will be doing the instruction or administration and are commensurate with the job description for similar positions across the university and University System of Georgia. Additionally, the applicant must have had the education and experience as listed in the position's requirements in the position advertisement at the time of hire. 
• The applicant must have met all requirements for the position at the time of selection and was found more qualified than all U.S. workers who applied.
• The department must cover the required, associated costs of the PERM and the I-140 petition.  All other fees including legal and filing fees for other petitions and medical exam fees must be covered by the employee.
• International faculty/staff, international candidates, and departments may not use outside counsel to file a ̨Íåswag-sponsored petition in the university's name. All employment-sponsored petitions must originate from Human Resources. 

• Sponsor the petition and fund the associated filing fees. Contact Human Resources during the employee's first semester of employment to discuss sponsorship for permanent residency. The timeline is critical to ensure that ̨Íåswag files the required labor certification application within 18 months of the employee's selection to take advantage of the special handling provisions for EB-2 petitions. 
• If necessary, conduct a re-recruitment process to proceed with permanent residency sponsorship if the 18-month deadline is missed or if DOL regulations regarding PERM filings were not followed in the original recruitment effort. 
• Provide documentation regarding the search that resulted in the selection of the candidate. This includes the number of applicants, number of interviews, and why the candidate selected was the most qualified candidate for the position.
• Post PERM filing notices within the appropriate workplace as necessary.