H-1B Employment

  Professors, Researchers and Employees

H-1B Visa Information

The H-1B visa category is a temporary work visa for non-U.S. workers in an occupation that requires at least a bachelor’s degree or the equivalent at the entry level. At the University of North Dakota, H-1B status is typically used for tenure-track faculty, academic researchers, and professional staff. In order to obtain H-1B status for an employee, the employer must document the appropriateness of the wages to be paid, the duties and responsibilities of the position to be filled, and the employee’s qualifications to fill that position.

An employee can remain in H-1B status for a maximum of 6 years and can only work in the position that has been described in the H-1B petition to the U.S. Citizenship and Immigration Service (USCIS). Any changes in employment status, including in job title, transfer of department, change in full-time vs. part-time status, or termination require the prior review of the UND Associate Director of International Programs to ensure compliance with the H-1B regulations.

A typical H-1B application takes about 5 to 7 months to complete. Much of this time is spent complying with requirements of the U.S. Department of Labor (DOL) and obtaining DOL certification of a Labor Condition Application (LCA) – not to be confused with the labor certification process required for some employment-based immigrant visa applications. Following DOL certification of the LCA, the actual H-1B petition is submitted to the U.S. Citizenship and Immigration Service.

The employer must certify on the LCA that the worker will be paid the prevailing wage for that occupation or the actual wage at the place of employment, whichever is higher. In other words, the employer must pay the foreign national either the “going rate” for that position in the employer’s geographic area or the employer’s usual rate of for that position, whichever is higher. The employer also must maintain appropriate payroll records to support the statements attested to on the LCA.

In addition, the employer is liable for the cost of return transportation to the alien’s home country if the alien is dismissed for any reason. Therefore, the hiring department should apply for only the time period for which funding is guaranteed, up to the maximum of 3 years allowed for an initial petition or extension.

Note: A tenure-track faculty member should become a Lawful Permanent Resident (Green Card Holder) before acquiring tenure.

| BACK TO TOP |

Procedures for Requesting an H-1B Visa

The Office of International Programs is responsible for processing all H-1B visa petitions for the University of North Dakota. The H-1B process is a 5-step process.

STEP 1 - To begin the process, the Hiring Official (Chair of the Department/Director of the School) must submit an official letter to the Office of International Programs requesting assistance in the filing of an H-1B petition. Send the letter to the Associate Director of International Programs, P.O. Box 7109.

• The letter must include the Hiring Official's name, address, phone number, and e-mail address.

• The letter must include the name of the individual being hired as well as his or her country of citizenship.

• The letter must state the dates and terms of employment, salary, and job description.

• The request must include the office fee for processing the H-1B petition (and H-4 dependents, if applicable).  The office fee is $500.00 for the H-1B petition and $20.00 for each dependent).  These are non-refundable fees!

• You must attach a completed and signed copy of the Request to Appoint for all Academic positions, including Post-Doctoral Researchers (if applicable).

STEP 2 - After receiving the above letter, the Office of International Programs will request the Hiring Official to draft a Prevailing Wage Request.  The Associate Director will provide a form and directions.   The Associate Director will then fax the Prevailing Wage Request to the North Dakota Job Service in Bismarck.   The North Dakota Job Service is a State Employment Security Agency (SESA).  Job Service will provide the Associate Director with a SESA Prevailing Wage Determination. 

• If the proposed pay for the UND employee and the SESA Prevailing Wage Determination are compatible, then the Associate Director can go to Step 3. 

• If not, Step 2 must be reaccomplished until the proposed wages and the SESA Prevailing Wage Determination are compatible according to U.S. Department of Labor regulations.  If this is not possible, then the attempt to obtain H-1B approval from the U.S. Government will end.

STEP 3 - The Associate Director will create an ETA Form 9035 Labor Condition Application (LCA).  The LCA will be completed using data from the SESA Prevailing Wage Determination.  The Associate Director will send the LCA to the Hiring Official.

• To meet the requirements of the U.S. Department of Labor, the Hiring Official will sign copies of the LCA and then do the following:

• Forward one copy to the Associate Director of International Programs.

• Forward one copy of the LCA to UND Human Resources at Twamley.  This copy will be posted for 10 working days and then forwarded to the Associate Director of International Programs.

• Post one copy of the LCA in the Hiring Official's department for 10 working days.  Afterwards, the Hiring Official will forward the LCA to the Associate Director of International Programs.

STEP 4- The Associate Director will prepare an H-1B petition for the individual.  The petition will include:

• A cover letter from the Associate Director to the USCIS.

• Completed Form I-907 (if applicable)

• The Form ETA 9035 Labor Condition Application approved by the U.S. Department of Labor.

• Completed Form I-129

• Tax Exempt Status Letter for the University of North Dakota

• Completed Form I-539 (If the employee’s spouse and children are present in the United States)

• Letter from the UND Hiring Official to the U.S. Citizenship and Immigration Service attesting to the requirements of the job position. The letter verifies the offer of employment and salary offered to the individual.

• Contract letter between the UND Department and the individual.

• Copies of all of the individual’s university diplomas (in English). English translations can be requested at World Education Services at www.wes.org.

• Copies of all of the individual’s university transcripts (in English). English translations can be requested at www.wes.org.

• Copy of the individual’s curriculum vitae

• Medical Resident Documentation (if applicable):

1. Copy of Individual's North Dakota State Board of Medical Examiners Current Temporary Post-Graduate Training License
2. Copy of the Individual's Educational Commission for Foreign Medical Graduates (ECFMG) Certificate
3. Copy of the Individual's United States Medical Licensing Examination Step 1 Passing Score Report
4. Copy of the Individual's United States Medical Licensing Examination Step 2 Passing Score Report
5. Copy of the Individual's United States Medical Licensing Examination Step 3 Passing Score Report

• Copies of licenses required for the employment (if applicable)

• Copies of relevant major awards

• Copies of all past United States immigration paperwork.  This paperwork may include::

• Forms I-20A/B for F-1/F-2 international student status

• Forms I-20M/N for M-1/M-2 international student/trainee status

• Forms IAP-66 or DS-2019 for J-1/J-2 Exchange Visitor status

• Waiver for J-1/J-2 Two-Year Home Country Physical Presence Requirement

• TN Visas (Front and Back of Form I-94)

• All former U.S. visas (i.e., F-1, F-2, H-1B, H-4, J-1, J-2, M-1, M-2)

• Forms I-797 (Previous H-1B Approval Notices from USCIS)

• USCIS Employment Authorization Card

• Copy of current passport (including spouse/children passports)

• Copy of current United States visa (including spouse/children U.S. visas)

• Copy of current Form I-94 (front and back of form) (including spouse/children Forms I-94)

• Copy of U.S. Social Security card (if applicable)

• Copy of last UND pay statement (if applicable)

• Copy of marriage certificate (in English) (if applicable)

• Copy of child(ren)'s birth certificates (in English) (if applicable)

• Check or money order to pay the H-1B Application Fee. 

• Make the check or money order payable to the Department of Homeland Security, U.S. Citizenship and Immigration Service, California Service Center, Laguna Niguel, California 92607.

• These fees need to be paid by the UND Department hiring the individual.

• $320.00 for the individual

• An additional $300.00 if the individual has spouse/children, who already reside in the United States, included in the H-1B petition.  These individuals are applying for a change of status to H-4

• NOTE: Spouse/Children living abroad that plan to come to the United States are not included in the H-1B petition.  These individuals can receive H-4 visas by presenting the Form I-797 H-1B Approval Notice, marriage certificate, and birth certificates to the U.S. Embassy/U.S. Consulate in their home country.

• If desired, a $1,000.00 Premium Processing Fee if the Hiring Official wants to speed up the response from the Department of Homeland Security (see Premium Processing option below).

• Check or money order for $500.00 to pay the H-1B Fraud Prevention and Detection Fee.  (This must be a separate check or money order made out to the Department of Homeland Security.  This fee has to be paid by the UND Department hiring the individual.

• The above fee is mandatory for first-time H-1B applicants at UND and H-1B transfers to UND.  Those individuals requesting an extension of their H-1B (without change) at UND do not have to pay this fee!

• There is a $500.00 Office of International Programs fee for processing the H-1B petition.  This is also an additional $20.00 fee for each H-4 dependent.  Make the U.S. check or U.S. money order payable to the UND Office of International Programs.  This fee can also be paid for by UND Journal Entry (formerly, ID Billing).  This fee is not refundable.

Important Notice: If the H-1B applicant is currently in the United States. and plans to travel outside the country during the processing of the H-1B application, the Associate Director should be notified at the beginning of the process. A departure from the U.S., even for a brief visit to contiguous territories such as Canada and Mexico, could cancel the petition or leave the applicant stranded outside the country for an extended period of time.

STEP 5 - In the final step, the Associate Director of International Programs mails the H-1B petition to the U.S. Citizenship and Immigration Service at Saint Albans, Vermont..  It takes up to 3 to 5 months for the USCIS to review a routine H-1B petition. This process can be reduced to 15 calendar days by the Hiring Department paying the Premium Processing Fee. 

• If the H-1B applicant is already in the United States, the USCIS will send a Form I-797A Approval Notice to the Associate Director of International Programs. The Associate Director will send a copy of the approval notice to the UND Hiring Official for mailing to the individual, or provide the individual a copy of the approval notice if he or she is already at UND.

OR

• If the H-1B applicant is not in the United States, the USCIS will send a copy of the Form I-797 Approval Notice to the Associate Director of International Programs as well as notify the specified U.S. Consulate abroad regarding the approval of the H-1B petition.  The Associate Director will provide the UND Hiring Official a copy of the approval notice for mailing to the individual.  The individual will need this document to apply for an H-1B visa at the U.S. Consulate.

Remember, the international employee may not begin legal employment until the petition has been approved by the U.S. Citizenship and Immigration Service. The employee cannot work before or after the dates authorized by the USCIS.

| BACK TO TOP |

Premium Processing Option

One an H-1B petition is mailed to the U.S. Citizenship and Immigration Service it will take 3 to 5 months to acquire approval of the H-1B petition. However, the U.S. Citizenship and Immigration Service has provided a second option. The UND Hiring Official can pay a $1,000.00 premium processing fee for quicker service from the USCIS. With this service, the USCIS guarantees that it will issue a notice of approval or a request for additional evidence within 15 calendar days after the appropriate office receives the H-1B request. If it fails to meet this promise, the USCIS will provide a full refund of the premium processing fee. To take advantage of this option, the UND Hiring Official needs to inform the Associate Director of International Programs that he or she is willing to pay the fee before the H-1B petition is submitted to the USCIS. This option requires the Associate Director to submit a Form I-907 to the U.S. Citizenship and Immigration Service.

| BACK TO TOP |

Maintenance of a Public Inspection File

U.S. Department of Labor regulations require the University of North Dakota to make a file with the Labor Condition Application and certain supporting documentation available for public examination. These documents can be reviewed at the office of the Associate Director of International Programs at the UND International Centre, 2908 University Avenue, Grand Forks.

| BACK TO TOP |

Ongoing UND Department/School Obligations

In accordance with U.S. Department of Labor regulations, the UND Department is required to update the international employee’s salary information in the public inspection file. When an employee is promoted, the file must be updated to reflect the salary increase. New prevailing wage and actual wage calculations may be necessary to ensure that the employer continues to pay the required wage. If the promotion involves a significant change in the alien’s duties, a new Labor Condition Application (and an amended H-1B petition) may be required.

The UND Department is obligated to abide by the terms and conditions of the Labor Condition Application for the duration of the validity of the LCA or the H-1B worker’s employment with the department.

| BACK TO TOP |

Cost of Return Transportation Abroad

If the UND Department/School dismisses the H-1B employee prior to the end of the authorized employment, the UND Department/School must pay the reasonable costs of return transportation to the alien’s last place of foreign residence. Dismissal for any reason, even for cause, triggers this provision. If the H-1B employee voluntarily terminates employment, the UND Department/School is not liable for the cost of return transportation abroad.

| BACK TO TOP |

Extension of Stay

The UND Department must request an Extension of Stay for an H-1B employee from the Associate Director of International Programs. The request must be made 4 months before the expiration of the H-1B employee’s present visa. The processing of an Extension of Stay consists of the same paperwork and fees required for the initial H-1B petition. The petition must be received by the U.S. Citizenship and Immigration Service prior to the expiration date of the current H-1B status. Once the USCIS receives the extension petition, the alien may continue employment with the UND Department/School for up to 240 days after the expiration of the current H-1B status while the petition is pending USCIS approval. The approval of the extension will begin a new visa period for the H-1B employee.

| BACK TO TOP |

Study While in H-1B Status

An H-1B employee may attend classes. The classes, of course, must be incidental to the alien’s employment as an H-1B nonimmigrant and not the alien’s primary purpose in remaining in the United States.

| BACK TO TOP |

No Grace Period for H-1B Visa Holders

There is no official “grace period” for aliens in H-1B or H-4 dependent status after their period of authorized stay ends, or after their employment terminates. Technically, the H-1B employee and his or her family must leave the United States immediately.

| BACK TO TOP |

In-Processing at Office of International Programs

H-1B visa holders are required to in-process at the UND Office of International Programs upon their arrival at the University of North Dakota. The H-1B visa holder needs to make an appointment with the UND Associate Director of International Programs. The Associate Director will brief the individual concerning the H-1B visa. The Associate Director will establish an H-1B file on the individual and place photocopies of the H-1B visa, Form I-94, passport (if applicable), and USCIS approval notice. The file will also include documents concerning H-4 dependents.

| BACK TO TOP |