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Northern Kentucky University
GENERAL INSTRUCTIONS FOR H1-B SPECIALTY WORKER EMPLOYMENT PETITIONS
03/04/2005
Request for H1B1 Employment Status/Actual Wage Determination Form
(& Other Sample Forms) (PDF 99KB)
H1-B specialty workers are international visitors who have skills and experience of a special nature that require at least a bachelor’s degree. At U.S. Colleges and Universities H1B1 specialty workers are employed in many positions including: Professors (tenure track or adjuncts), post doctoral research assistants, medical residents, and many other positions.
The application process for hiring an international visitor on H1-B employment status is a cooperative effort between the hiring department, the Legal Services Office and the H1-B beneficiary. The most important thing to keep in mind about the H1-B process is that it is time consuming. Normal processing time is 90-120 days if everything goes smoothly. Current processing time at the Texas Service Center is about 4 months. We recommend that you start the process, whether a new hire or an extension, eight months ahead of time. This will ensure that the international visitor will begin/continue employment as anticipated.
An applicant may not begin work at Northern Kentucky University until an H1-Bis approved for NKU. There is an exception for individuals who currently hold H1-B status as detailed in the “New H1-B Provisions” section later in these Instructions. The department may not maintain any applicant on the payroll if his/her status has expired. H1B1 employees have a maximum stay of 6 years in the category no matter how many different employers they have. Employment at NKU can be granted for a maximum of (2) 3 year increments.
The hiring department must submit the following to Viki Kimball, Director of International Student Affairs & Immigration Specialist for Legal Affairs, UC 366:
1. A letter signed by the Head of the Department and Dean of the College asking the Legal Services Office to begin paperwork for the H1-B.
2. An original offer letter addressed to the beneficiary stating the dates of the employment requested for the H1-B appointment, salary and brief description of job duties. The letter must be signed by the Head of the Department and appropriate Dean of the college.
3. An original qualification letter explaining why this candidate was selected for the job. The explanation should include items such as education, experience, special knowledge, background, etc. which justify hiring him/her over other candidates. The letter should be signed by the Head of the Department or immediate supervisor.
4. A letter signed by the Head of the Department stating that: a) the department agrees to fully comply with all terms of the LCA (Labor Conditions Application) until the end date; and b) the department agrees to furnish return trip airfare home if employee’s employment is terminated before the date on the I-129 application.
5. The Request For H1-B Employment Status/Actual Wage Determination Form (also attached) must be completed and signed by the Department Head.
Note: Two (2) originals of all letters must be sent if the individual you are hiring is not currently residing in the United States. Samples of all the above letters and forms are attached to use as a guide.
The “Request for H1-B Employment Status Worksheet” and all accompanying documents in Step I must be brought/sent to Viki Kimball along with the following information from the prospective H1-B employee:
1. A copy of the highest diploma accompanied by the signed “Certification Form” from the beneficiary. If the degree is NOT from an American University, an evaluation of equivalent education must be submitted. An acceptable evaluation should:
a. Consider formal education only, not practical training experience;
b. State if the collegiate training was post secondary education, i.e., did the applicant complete
the United States equivalent of high school before attending college;
c. Provide a detailed explanation of the materials evaluated, rather than a simple conclusive
statement;
d. Briefly state the qualifications and experience of the evaluator providing the opinion.
A list of companies that do credential evaluations is attached.
2.
Any documents not in English must be translated and accompanied by a translator’s statement as follows: I, _____________________, hereby certify that I am competent to translate from the _________________ language into English and that the attached is an accurate translation of the original document.
Name: _________________________________
Title: __________________________________
Address: _______________________________
3.
Personal Information such as:
- a. Curriculum vitae;
b. Full name, date of birth, address in home country, local U.S. address, country of birth, country of citizenship, and Social Security #;
c. If overseas, expected port of entry, and city overseas where visa will be obtained.
If currently in the U.S.:
d. Copies of approval notices for all stays in H1-B status in the U.S. for past six years;
e. copies of all relevant immigration documents including : all I-20s (if F-1) or DS-2019s (if J-1), both sides of the I-94 card, other documents such as I-797 approval notices (if H1B1, TN, O, etc.) and work permits (if F-1, J-2 or L-2);
f. copy of valid passport;
g. if on J-1 status, copy of the waiver of the two-year home residency requirement (or proof that he/she is not subject to the requirement); and
h. if currently employed as an H1-B, proof that the employment is still in effect at the time of application for the NKU H1-B petition. Such proof may include a current paycheck receipt or a letter from the employer.
4. A check made out to the Dept. of Homeland Security for $190.00.
5. A separate check made out to the Dept. of Homeland Security for $500.00.
6. NOTE: The department must incur all expenses - they cannot be paid by the employee.
If the beneficiary’s spouse or children are currently in the U.S. and would like H-4 dependent status, the spouse/children must complete form I-539 for change/extension of status, furnish an additional check for $200.00 to the “Department of Homeland Security” and submit copies of all I-94 cards (front and back), passports, visas, approval notices, and work permits (if applicable) for all dependents. An I-539 form can be obtained in person from the International Student Affairs office (UC 366) or the USCIS webpage at www.uscis.gov.
Upon receipt of the documentation listed in Steps I and II, we will:
- 1. Obtain a Prevailing Wage Determination from the Commonwealth of Kentucky.
2. Obtain a Certified Labor Condition Application (LCA) from the U.S. Department of Labor. The LCA must be posted for 10 days in two locations.
3. Complete the I-129, assemble all materials, return the application package for signature on the I-129 by the Head of the Department and Dean, and provide a preaddressed mailing envelope to the USCIS. The beneficiary or a departmental staff member will be contacted to make an appointment with Viki Kimball for final processing of the petition when the LCA is returned certified from the Department of Labor.
The hiring department/beneficiary will be contacted when the approval from the USCIS is received. The beneficiary must report bring his/her passport and I-94 to UC 366 for copies upon arrival.
Please be prepared for this process to take seven to eight months from collection of necessary letters, documents, etc. and processing time at USCIS. For new hires, the department may want to consider applying for premium expedited processing (an additional $1000/15 day processing). See “New H1-B Provisions” section below. The department is to incur the $190 & the $500 I-129 fee. The department or the beneficiary may cover the premium processing fee, and the dependent H-4 fees.
There are several additional provisions related to H1-B specialty workers which have been signed into law. Passage of these provisions have been welcome news for all who hire H1B1 specialty workers, but was particularly welcome news for educational Institutions. Highlights of the additional provisions include:
1. Exemption from the H1-B Cap: Individuals employed at institutions of higher education and their related or affiliated nonprofit entities, and individuals employed by nonprofit research organizations or governmental research organizations are exempt from being counted toward the annual H1-B cap.
2. Portability of H1-B Status: H1-B non-immigrants may change jobs upon the filing of a new petition (once USCIS receipt is received) by the new employer as long as the individual is in lawful H1-B status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission.
3. Extensions Beyond Six Years for H1B1s Awaiting Green Cards: H1-B non-immigrants with a pending or approved I-140 can extend their status beyond the six-year limit if 356 days or more have passed since the original filing date of the Application for Alien Employment Certification (i.e. Labor Certification) or their Form I-140, if they are exempt from the labor certification process. Extensions can be granted in one-year increments until a final decision is reached on their adjustment of status or consular processing application.
4. Expedited Process Fee: A $1000 expedited processing fee is now in effect. Payment of the $1000 processing fee will ensure a decision on H1-B petition within 15 days. Anyone wishing to use this option must notify Viki Kimball of the intention when submitting the request for H1B1 status by attaching a separate check for $1000 made payable to the Department of Homeland Security.