H-1B Visa Classification Information Packet

University of Pittsburgh Office of International Services

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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 ois@pitt.edu

PH: 412-624-7120

Table of Contents

H-1B Basics……………………………………………………………………………………………………………..…2

H-1B Process Overview/Timeline………………………………………………………………………………3

Fees…………………………………………………………………………………………………………………………..4

Dependents………………………………………………………………………………………………………………..5

Definitions………………………………………………………………………………………………………….……6-7

Starting with the My OIS System………………………………………………………………………………...8

Adding a new person into the My OIS System………………………………………………………………9

Requesting an H-1B through My OIS……………………………………………………………………10-12

Letters for USCIS………………………………………………………………………………………………….13-14

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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. This takes up to six weeks after submission of complete paperwork to OIS. Please note that we do not have any form of expedited or “premium processing”—our processing time is the same even if you have requested premium processing from USCIS.

2. USCIS will adjudicate the H-1B petition. USCIS processing times vary, but typically take 2-4 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’ six weeks 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.

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.

OIS Processing time:

6 weeks

USCIS normal processing time:

2-4 months

USCIS premium processing time:

15 days

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.

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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.

Immigration Specialist contacts either

Department Admin or International

Employee to collect missing

documents.

Export Control Questionnaire with

Restricted Party Screening sent to the

Office of Research for review.

(5 -7 business days)

Determine the prevailing wage for the

position in compliance with the

Department of Labor requirements.

(3-5 business days)

Case assigned to an Immigration

Specialist in OIS -documents are

reviewed. (3-5 business days)

Department Administrator submits the

appropriate OIS H-1B Cover Sheet with

supporting documents to OIS.

Department Administrator submits the

H-1B Request e-forms through My OIS.

All forms must be complete and

submitted before case is assigned.

Labor Condition Application (LCA) posting

emailed to Department Administrator. Two

copies must be posted in a conspicuous

location for at least ten business days.

(3-5 business days)

Immigration Specialist files Labor Condition

Application with the Department of Labor.

H-1B processing cannot proceed until the

LCA is certified. (8 business days)

Immigration Specialist prepares and submits

the H-1B petition to USCIS.

(7-9 business days)

Adjudication takes 2-4 months. If premium

processing, adjudication takes 15 days.

Receipt notice arrives within 2-3 weeks of

submission.

Upon approval, Immigration Specialist informs

International Employee and provides him/her

with the Form I-797 Approval Notice.

Department Administrator emails

Immigration Specialist confirming the

location and dates of the posting. The

Immigration Specialist must receive this

email before submitting the Labor Condition

Application.

Key: Double lined boxes - Department responsibilities; dashed line boxes - OIS responsibilities.

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Fees

Fees that must be paid by department2

Fees that must be paid by the applicant

Fees that may be paid by either the department or applicant

USCIS Application Fee: $460 USCIS I-539 Application Fee for H-4 Dependents: $370 (if applicable)

USCIS Premium Processing Fee: $1,225 (Optional)3 DHS Fraud Prevention Fee: $500

(Fee not required for extensions when the H1B employee is already employed at Pitt)

OIS Cost Recovery Fee: $750 (NO CHECK NECESSARY. This fee is processed via an internal transfer of funds using a department budget number.)

Total Fees for an initial H-1B, regular processing time: $1,710 Total Fees for an initial H-1B, premium processing time: $2,935 Total Fees for an H-1B extension, regular processing time: $1,210 Total Fee for an H-1B extension, premium processing time: $2,435 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

2 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. 3 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 $1,225 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 $1,225. Under no circumstances may the department require the international to pay the premium processing fee.

Please note that if H-1B status is terminated 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.

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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 submitting a request for dependents that are

currently in the United States and are doing a change of status or extension:

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 $290, the check

should be made payable to the Department of Homeland Security. One form I-539 and 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 status is

contingent upon the continued validity of the H-1B visa holder’s

status. Unlike H-1B status, H-4 status is not specific to an employer.

As long as the period of stay is valid and the H-1B visa holder is

maintaining status, the H-4 remains in status even if the H-1B visa

holder changes 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.4

4 NAFSA Adviser’s Manual

H-4 Visa Holders

May study part-time or full-time.

May engage in volunteer positions

Cannot work

Children can only be dependents

until their 21st birthday

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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.5 For more information

visit: www.research.pitt.edu/exco-export-control-services.

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.6

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 after 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.

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 6

weeks for OIS processing time.

5 Office of Research, University of Pittsburgh - http://www.research.pitt.edu/exco-export-control-services 6 NAFSA Adviser’s Manual

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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 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 USCIS7

For an amendment of 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.8

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.

7 NAFSA Adviser’s Manual 8 NAFSA Adviser’s Manual

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Starting with the My OIS System

In addition to reading these instructions, you are also encouraged to view

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 e-mail.

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!

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Adding a New Person into the My OIS System

If you are submitting a request for a person who is new to the University of

Pittsburgh, you will need to first add them into the My OIS system by following the

following instructions.

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

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

6. A temporary ID will be assigned to the new person and their profile record will

be added to your current cases. Once a person is added into the system you will only need their temporary ID and date of birth to access their record and make immigration requests in the future.

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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 XX 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.

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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 put. 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 and putting in their e-mail 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 $290 for 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!

(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.

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(6) I-129 Export Control Certification

The I-129 Export Control Certification form should be completed by the person best able to predict what the proposed

foreign national employee will be working on during the term of their visa status. The questions pertain to the type of

research being conducted, the technology, technical data and software used to conduct the research. The information

collected will be provided to the Office of Research for the Export Control Certification process.

(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.

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Letters for USCIS

Required Components of the Letter for an Initial H-1B Petition

1. Establish purpose 2. Provide background on the school or department; outline the job requirements 3. Outline the foreign national’s education and experience 4. Connect the foreign national’s background with the job requirements. Be as specific as possible 5. Set forth the specific terms of employment, including salary and dates

Sample Letter for an Initial H-1B Petition

Date

Adjudicating Officer

USCIS California Service Center

24000 Avila Road, 2nd Floor

Laguna Niguel, CA 92677

Dear Adjudicating Officer:

This letter is being written in support of the H-1B non-immigrant petition filed by the University of Pittsburgh on behalf of Dr. Jane

Doe.

The University of Pittsburgh, School of Public Health, established the Department of Health Policy and Management to conduct

research into the areas of health services and development. The Department is currently seeking to fill the position of Program

Coordinator II. The individual selected for this position will be responsible for the design and supervision of physiologic and

behavioral data collection that are part of a research study of Anger and Cardiovascular Risk in Urban Youth supported by the

National Health, Lung and Blood Institute. The position will also include supervision of technicians conducting impedance

cardiography and related physiologic studies of cardiac and vascular function under mental stress. The qualified applicant must

possess a master’s degree or higher in a related field of study.

Dr. Doe is particularly and uniquely suited for this position. She is a clinical psychologist with expertise in psychophysiological

assessment. As part of her academic training she has written a master’s thesis on “Cognition Associated with the Experience of

Anger” and a doctoral thesis on “Modes of Anger Expression and their Relation to Cardiovascular Reactivity”. The Department of

Health Policy and Management has not come across any other candidates with such a similarly suited background. Her expertise is

critical to achieving the goals of the referenced project and there are other projects pending support that will also require her skills.

Dr. Doe is also experienced in data analysis and has developed the essential administrative skills.

We seek H-1B status for Dr. Doe beginning September 1, 2008 through August 31, 2010 at an annual salary of $40,000.00. Dr. Doe

will be eligible for all benefits available to other similarly situated employees. Should Dr. Doe be dismissed before the end of her

authorized period of stay, the Department of Health Policy and Management will be responsible for the costs of her return

transportation abroad.

You must include the following language in the closing paragraph and attach a copy of the original or most recent offer letter:

“The actual terms of the individual’s employment are set forth in the letter of appointment issued by the University of Pittsburgh,

dated [INSERT DATE] (see attached). This letter in support of the H-1B petition is in no way intended to amend or alter the terms set

forth in the appointment letter.”

Thank you for your consideration in this matter.

Sincerely,

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Letters for USCIS Continued…

Required Components of the Letter for an H-1B Extension

1. Establish purpose 2. Provide background on the school or department; importance of the H-1Bs continued employment 3. Outline the foreign national’s education and experience 4. Set forth the specific terms of employment, including salary and dates

Sample Letter for an H-1B Extension Date Adjudicating Officer USCIS California Service Center 24000 Avila Road, 2nd Floor Laguna Niguel, CA 92677

Dear Adjudicating Officer:

This letter is being written in support of an extension for the H-1B petition filed by the University of Pittsburgh on behalf of Dr. Jane Doe.

Dr. Jane Doe, a clinical psychologist, has been responsible for the design and supervision of physiologic and behavioral data collection that are part of a research study of Anger and Cardiovascular Risk in Urban Youth supported by the National Health, Lung and Blood Institute. Dr. Doe’s expertise is critical to achieving the goals of the referenced project and other projects pending support that will also require her skills.

We wish to extend Dr. Doe’s H-1B petition for a period beginning September 1, 2008 through August 31, 2010 at an annual salary of $40,000.00. Dr. Doe will be eligible for all benefits available to other similarly situated employees. Should Dr. Doe be dismissed before the end of her authorized period of stay, the Department of Health Policy and Management will be responsible for the costs of her return transportation abroad.

You must include the following language in the closing paragraph and attach a copy of the original or most recent offer letter:

“The actual terms of the individual’s employment are set forth in the letter of appointment issued by the University of Pittsburgh, dated [INSERT DATE] (see attached). This letter in support of the H-1B petition is in no way intended to amend or alter the terms set forth in the appointment letter.”

Thank you for your consideration in this matter.

Sincerely,