OFFICE OF INTERNATIONAL SERVICES University Center for International Studies University of Pittsburgh

H-1B Visa Classification

Information Packet

The Office of International Services (OIS) at the University of Pittsburgh (Pitt) has prepared this document to assist hiring departments at Pitt with the process of preparing the information for an H-1B petition for adjudication by the United States Citizenship and Immigration Services (USCIS). In order to ensure that everything goes as smoothly as possible, it is important that you read the materials in this packet very carefully and that you follow the instructions. This will help to avoid delays in the processing of your case.

Please note that there is also information about H-1B status and regulations, the H-1B petition process, academic department responsibilities and H-1B employee department responsibilities available on our website and in the My OIS system.

www.ois.pitt.edu my.ois.pitt.edu [email protected] PH: 412-624-7120

Table of Contents

H-1B Basics ...... 2 Time Line Overview and Considerations ...... 2 Fees ...... 4 Dependents ...... 5 Definitions ...... 6 My OIS: Online Service Center ...... 8 Starting in My OIS ...... 8 Adding a New Person ...... 8 Requesting an H-1B through My OIS ...... 9 Forms to Be Completed through My OIS ...... 9

1 H-1B Basics

The H-1B visa category is intended for a “specialty occupation” and is authorized only for an approved position at an approved salary level for an approved employer.

To be considered for an H-1B the applicant must possess the minimum degree and experience required for the specialty occupation. For most positions at Pitt this is a Master’s or Doctorate, however the minimum is a bachelor’s degree. The individual must also be an employee of the University (Staff, Faculty, or Postdoctoral Associate). Scholars or fellows do not qualify.

For an H-1B, an initial period of stay up to 3 years may be requested. Extensions can be requested in up to 3 year increments thereafter. Under normal conditions, the cumulative duration in any H classification is 6 years.1 This time limit is for all employment in H-1B status, regardless of employer.

Time Line Overview and Considerations The H-1B request goes through two stages:

1. Your Immigration Specialist will prepare the H-1B petition. OIS Processing Times: This takes up to six weeks after submission of 4 – 6 weeks complete paperwork to OIS. Please note that we do not have any form of expedited or “premium processing”— our USCIS Processing Times: processing time is the same even if you have requested egov.uscis.gov/processing-times/ premium processing from USCIS.

2. USCIS will adjudicate the H-1B petition. USCIS processing times vary, but typically take 4 – 6 months. If premium processing is requested, the USCIS will adjudicate the petition within 15 calendar days or refund the premium processing fee.

*H-1Bs cannot be submitted more than 6 months before requested start date.

When judging the total processing time of an H-1B request, it is important to keep the following factors in mind:

• Time to gather documents: Remember that OIS’ processing time does not start until all forms are completed through My OIS and we receive the completed paperwork. • Mailing Time: It typically takes 2-3 weeks to receive a receipt notice from USCIS through the mail. In cases of consular processing, OIS must mail the approval notice and supporting documents to the H-1B employee overseas, which typically takes 2-5 business days. • Requests for Evidence (RFEs): Be aware that an RFE will delay adjudication, possibly by several weeks or more. • Consular Processing: If the prospective H-1B employee is outside the U.S. and must obtain a visa at the U.S. embassy or consulate abroad, take into account the time required for this step. Wait times for visa interviews vary greatly depending on the country, from same day visa interviews to 90 day waits and longer. • Travel Plans: If a foreign national is planning to travel during the time that an H-1B petition is filed, OIS should be consulted immediately, as this can have an effect on the petition.

The H-1B processing time can vary greatly, so if you are working on an important deadline, please contact OIS to discuss the timeline feasibility.

1 Exceptions to this are possible if the individual has applied for permanent residency or if the foreign national has been outside of the United States and seeks to ‘recapture’ time. Please contact OIS for more information if these are possibilities. 2 H-1B Process Overview / Timeline

The following section will provide an overview of the H-1B process. Please take note of the steps required by the department administrator, the international employee and the Immigration Specialist in the Office of International Services. Please refer to the definitions section of the manual for definitions of the terms used below.

Important note: To minimize potential problems with the processing times outlined below, the Department should submit the H-1B materials to OIS 6 months in advance of the requested start date.

Department Administrator submits the H-1B Request e-forms through My Department Administrator emails OIS. All forms must be complete and Immigration Specialist confirming the submitted before case is assigned. location and dates of the posting. The Immigration Specialist must receive this

email before submitting the Labor Condition

Application.

Department Administrator submits the appropriate OIS H-1B Cover Sheet with supporting documents to OIS.

Immigration Specialist files Labor Condition

Application with the Department of Labor.

H-1B processing cannot proceed until the

LCA is certified. (8 business days) Case assigned to an Immigration Specialist in OIS – documents are reviewed. (3-5 business days)

Immigration Specialist prepares and submits Immigration Specialist contacts either the H-1B petition to USCIS. Department Admin or International (7-9 business days) Employee to collect missing Please see USCIS processing times to documents. determine likely adjudication timeline.

OIS determine the prevailing wage for Receipt notice arrives within 2-3 weeks of the position in compliance with the Department of Labor requirements. submission. (3-5 business days)

Upon approval, Immigration Specialist Labor Condition Application (LCA) informs the department and International posting emailed to Department Employee. The employee will receive the Administrator. Two copies must be Form I-797 Approval Notice from OIS. posted in a conspicuous location for at least ten business days. (3-5 business days)

3 Key: Double lined boxes - Department responsibilities; shaded boxes - OIS responsibilities.

Fees

Who Pays Fee Type of Fee Initial H Extension H Department UCIS Application Fee $555 $555 Department DHS Fraud Prevention Fee $500 Department OIS Cost Recovery Fee (internal transfer of funds) $800 $800 Employee USCIS I-539 Application Fee for H-4 Dependents (if any) $400/ $400/ Regular Processing Total $2,255 $1,755 Dept or Employee USCIS Premium Processing Fee $1,440 $1,440 Premium Processing Total $3,695 $3,195

When preparing to pay fees for an H-1B petition, keep the following in mind:

• All fees must be paid, except where noted, in the form of a check or money order made payable to “U.S. Department of Homeland Security”.

• All checks or money orders should be submitted to OIS with all other application materials and should NOT be sent directly to USCIS.

• Separate checks must be submitted for each fee.

• For internal check processing purposes at Pitt, please use the following address information for all checks (but again, do NOT send checks directly to this address; send to OIS).

USCIS California Service Center 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677

Please note that if H-1B status is terminated by the employer prior to the H-1B end date for any reason, the employer must offer to pay transportation costs for the H-1B employee to their last place of foreign residence abroad! Department should provide OIS with documentation that airfare was offered.

Important Fee Reminders Departments may not charge back these fees to the foreign national employee in any manner whatsoever, nor otherwise expect repayment from the foreign national employee. Failure to comply with these guidelines could subject your department and the University as a whole to significant assessments of back pay, civil money penalties, and/or disqualification from the H-1B and other immigration programs.

If the petition is being submitted via “premium processing” because the department needs the foreign national employee to start right away, then the department MUST pay the $1,440 fee. If the petition is being submitted via “premium processing” for reasons purely personal to the foreign national employee, then the employee may pay the fee of $1,440. Under no circumstances may the department require the international to pay the premium processing fee.

4 Dependents

H-1B visa holders can request H-4 status for their dependents (spouse or children) to enter and remain in the U.S. for the duration of the H-1B visa holder’s stay. If applying for a consulate H-1B and H-4, there are no forms that need to be submitted by the department. Once an H-1B approval notice is received, the dependent can use that to apply for an H-4 visa at the closest consulate or embassy. Following are instructions for submitting a request for dependents that are currently in the United States and are doing a change of status or extension of status:

1. Dependents Form in My OIS The Department Administrator should click the “give the client access to complete this section” link so that the form can be submitted directly by the individual. They will need to complete a form for each dependent.

2. H-4 cover sheet The H-4 cover sheet should be submitted to OIS with the supporting documents. The cover sheet provides a list of documents to be submitted for each dependent and provides instructions on completing the I-539.

3. I-539 and supporting documents Form I-539 is the application to change or extend visa status in the U.S. The form should be completed by the dependent and only include dependent family member information. The application fee is $400, the check should be made payable to the Department of Homeland Security. One form I-539 and $400 application fee is submitted per family.

The following supporting documentation must be included for each dependent (all foreign language documents must include a certified English translation): • One copy of the passport identification page (and page with extension of validity, if appropriate) • One copy of all documents showing current and past legal status in the U.S. (e.g. Form I-797, Form I-20, Form DS-2019, Employment Authorization Document, etc.) • One copy of the front and back of the most recent Form I-94 Arrival/Departure Record • One copy of documents showing the relationship to the primary H-1B visa holder (marriage certificate, birth certificate, family register, etc.) • (If applicable) One copy of I-797 Receipt/Approval Notices for I-140/I-485 petitions

4. H-4 restrictions and compliance It is important to note that the H-4 dependents’ visa H-4 Visa Holders status is contingent upon the continued validity of the • May study part-time or full-time. H-1B visa holder’s status. Unlike H-1B status, H-4 status is • May engage in volunteer activity not specific to an employer. As long as the period of stay • Cannot work is valid and the H-1B visa holder is maintaining status, the • Children can only be dependents H-4 remains in status even if the H-1B visa holder changes until their 21st birthday employers. H-4 dependents are permitted to engage in either part-time or full-time study, however, they are not permitted to be employed in the U.S.

5 Definitions

My OIS – Online service center through the Office of International Services website where Department Administrators and Employees can submit a variety of requests and updates.

USCIS – United States Citizenship and Immigration Services is the federal agency that oversees lawful immigration to the United States. USCIS is responsible for adjudicating H-1B petitions as well as several other immigration cases.

Export Control – The U.S. Export Controls regulations aim at protecting the national security, economic interests and foreign policies of the United States. Export laws regulate the shipment, transfer or disclosure of controlled items, technology, and software to foreign countries or to foreign persons and entities within the U.S. For more information visit: export.pitt.edu.

Prevailing wage –The average wage paid to a similarly employed worker in a specific occupation in the area of intended employment. Important note: According to the Immigration and Nationality Act, a foreign worker will not adversely affect the wages and working conditions of U.S. workers comparably employed. The Department of Labor requires that the wages offered to a foreign worker must be the prevailing wage for the occupational classification in the area of employment.

Labor Condition Application (LCA) – Filing a Labor Condition Application confirms the employer is complying with Department of Labor requirements. The LCA is filed and certified electronically. It must be certified for the requested duration of the H-1B visa (start and end dates for the H-1B period are also used on the LCA). Requested H-1B time cannot exceed the LCA time frame. The LCA must be certified by the Department of Labor in order to file the H-1B petition with USICS. The Department of Labor certification process takes 8 business days.

LCA posting – The Department of Labor requires the employer to notify its workforce of its intention to hire an H-1B worker. The LCA posting includes the position title, location of the position, dates of employment, and salary for the position. The posting must be posted in two conspicuous locations where employment will occur for at least 10 business days.

Public Inspection File (PIF) – The employer is required by the Department of Labor to maintain a Public Inspection File (PIF) which includes the filed LCA and certain supporting documentation. These files must be available for examination at the employer’s principal place of business. PIF’s are kept in OIS for one year following the end date on the LCA.

Form I-129 – The Form I-129 is the actual application form for the H-1B petition. This form is completed by an Immigration Specialist in OIS once all e-forms are submitted and paperwork is received. This is the official application form submitted to USCIS.

Request for Evidence (RFE) – If there is something missing from the H-1B petition or if USCIS requires more information in order to adjudicate the petition, they will send a Request for Evidence. The RFE states the specific information required in order for USCIS to complete their decision.

Premium Processing – Ensures that USCIS will respond to an H-1B petition within 15 business days either with an approval notice or an RFE. Please note that premium processing only affects the USCIS processing time; please allow 4 – 6 weeks for OIS processing time.

Receipt Notice (Form I-797C) – A form confirming that USCIS received the petition; it is evidence that the case is still pending. The receipt notice provides a receipt number which can be used to track the

6 status of a petition on the USCIS website. If the petition is an extension or a change of employer, the receipt notice can be used as permission to continue working.

• For an extension: According to the Immigration Reform and Control Act of 1986, An H-1B worker may continue working for a period of up to 240 days (in the same job) while waiting for a reply from USCIS • For an amendment or change of employer: Under the American Competitiveness Act in the Twenty-First Century, an H-1B employee who is amending/changing employers may begin changes in employment or working for the new employer as soon as a Form I-129 petition has been filed on their behalf.

Approval Notice (Form I-797A) – This form is notification that the H-1B petition was approved and grants the foreign national with H-1B status. The approval notice will included the receipt number and the dates the H-1B status is valid. The original approval notice is required for international travel, applying for a visa stamp, applying for a driver’s license or Social Security Number. Foreign workers are responsible for knowing the date when their status expires and for keeping their original approval notice.

Visa Stamp – The visa stamp is the actual visa that is placed inside of the foreign national’s passport and is required for entry into the U.S. Visa stamps are only issued at U.S. Consulates or Embassies abroad. The employee cannot obtain a visa from within the U.S.

7 My OIS: Online Service Center

Starting in My OIS

In addition to reading these instructions, you are also encouraged to visit the video tutorial that is located at my.ois.pitt.edu.

1. Visit my.ois.pitt.edu and log in at the bottom of the page by clicking, ‘Administrative Services for University Departments’.

2. To log into the My OIS system you will need to enter your Pitt user name and password.

3. The first time you log in you will need to complete the ‘Departmental Access Request Form’. Someone in OIS will then grant you access into the system and send you an email.

You will always log-in using the link at the bottom of the My OIS main page. You cannot access the system by clicking the blue login button!

Adding a New Person

If you are submitting a request for a person who was not previously sponsored by the University of Pittsburgh, you will need to first add them into the My OIS system by following the following instructions. If you are not sure if this person is already in My OIS, please email [email protected] and we will check for you.

1. Under the Departmental Services tab, click on “Add New Person”.

2. Enter the foreign national’s information as it appears on their passport and click ‘Add New Person’.

3. University ID: On this form, you will be asked “Do you have an institutional university ID for this new profile?” If you have a number (such as an emplid or Peoplesoft#), please say yes and enter that number. If you do not have a number associated with this person, click no and a temporary ID (exclusively used in My OIS) will be assigned to their My OIS record. You will need this “university ID” and the person’s date of birth to access their record and make immigration requests in the future.

4. The new person will be added to your current cases (found under Department Services Review).

8 Requesting an H-1B through My OIS

1. If the person is new to the University of Pittsburgh, you will need to have completed the step to ‘Add New Person’ which is listed on page 8 of the training manual.

2. Click on ‘H-1B Request’ under the Departmental Services side bar & enter the individual’s ID number and date of birth or select the individual from your case tracker and choose the H-1B request option.

3. You will then see a series of forms which will need to be completed. Please be aware that an Immigration Specialist is not assigned to a case until after all forms have been submitted and paper work is received.

Forms to Be Completed through My OIS

(1) H-1B Applicant Information H-1B Applicant Information is where the basic information about the international applicant, their immigration documents and status is submitted. On this form, you have the option to give the international applicant access to the form to complete it themselves by clicking the circled link (shown to the right) and putting in their email address. (2) Dependents The dependents form is optional and will only need to be completed if the international applicant has a spouse or children they will be bringing with them. This form can also be sent to the international applicant for completion. Please be aware that there is a USCIS filing fee of $400 for all dependents. This fee can be paid by either the department or the international applicant. (3) Department Contact for the Applicant The Department Contact for the Applicant form provides contact information of the Department Administrator who submitted the request through My OIS. This form also requires a department account number for billing purposes. The OIS processing fee will be billed to the account when the request is processed. Please make sure that account numbers are complete!

9 (4) Information about the University Position The Information about the University Position form collects information regarding the position (dates, salary, etc.), the hiring department, the required qualifications of the position (not the individual) and the process by which the wage/salary was determined. This information is used by OIS to determine the prevailing wage and complete the Labor Certification Application. (5) Departmental H-1B Compliance Certification The Departmental Compliance Certification covers several requirements for employers of H-1B visa holders. These requirements are set forth by federal immigration regulations and the Department of Labor. The form confirms that the department has responsibility for complying with the listed requirements and regulations. (6) I-129 Export Control Certification In order to submit an H-1B, OIS must confirm with the Office of Export Controls (OEC) that the employment of the international employee is in accordance with the terms of the Export Administration Regulations. The H-1B cannot be filed until OEC has completed their assessment. Any questions regarding export control requirements can be directed to OEC at [email protected]. Please submit an Export Control form through the My EC system found at: https://myec.pitt.edu/MyEC. (7) H-1B Cover Sheet The H-1B cover sheet provides the Department instructions and a check list of documents that need to be submitted to OIS along with the My OIS request online. The cover sheet explains which documents are issued by the department and which documents need to be collected from the individual. It should be sent to OIS with all documents and include the department and individual’s contact information. Payment Processing will also accept a copy of this checklist for check documentation. • Adjudication Letter – Templates for faculty, post-doc, and staff positions are each available in My OIS (My OIS/Visa Information > Forms > H-1B Employees Forms > H-1B Employment Letter Templates)

10