Requesting an H-1 B

Prevailing Wage

To request a petition for H-1B status, the hiring department should begin by requesting a Prevailing Wage.  An official offer of employment should not be extended to the employee until a determination of Prevailing Wage is received because the department must pay the employee at or above the prevailing wage.

The hiring manager may request the Prevailing Wage by contacting the Assistant Director of Human Resources.  The prevailing wage request will be submitted to the State Department of Labor.  When the prevailing wage has been determined, the response will be forwarded to the hiring manager. The hiring manager will then determine whether or not to proceed with the H-1B application process.

Position Information

The department should complete the H-1B Request Form and will provide information related to the position, qualifications, and job duties. The department must also agree to participate in the program, to include, reporting any changes in position and job responsibilities.  Supporting documents must also be provided.

Applicant Information

The perspective employee should complete the H-1B Employee Supplement Form and will provide information related to their education, immigration history, and dependents. Supporting documents must also be provided.

Fees

By federal law, the department is responsible for paying any required fees associated with the petition.  This includes the petition fee ($320) and if this is the first  KUMC application for the employee, a fraud fee ($500).

Premium Processing is optional and is available for the H-1B petition.  With premium processing, USCIS guarantees a response to the H-1B petition within 15 days of receipt.  This may be appropriate with applicants who are outside the United States or who need a change of status.  Rarely would the premium processing fee be necessary in the case of an H-1B employee changing employers.

As an optional fee, the premium processing fee may be paid by either employer or employee. The deciding factor is usually determined by whom would benefit most or most desires the speedy processing gained through premium processing.

Processing

All request forms, supporting documents and fees must be presented together  to the Office of International Programs (OIP).  Applications will be prioritized based on the employee’s current status, start date and other immigration requests.  Consequently requests for extension may take longer for submission then a new employee in a non-H status.  The goal for processing and submission of a completed H-1B request to USCIS is 24 hours however it may take up to two weeks.  Processing time at USCIS varies but at least three months should be allowed.

Start Date

Once an H-1B petition has been filed with USCIS, several factors determine the possible start date of the employee.  These include:

• If the applicant is outside the US s/he must wait for the USCIS approval notice before applying for an H-1B visa from a US consulate. Consider visa processing time when calculating the anticipated start date.
• If the employee is in the US, but not in H-1B status, s/he must wait for the USCIS approval for the change of status to H-1B.
• If the individual is in the US, in H-1B status and iscurrently working for another employer, s/he may begin working for KUMC on the requested beginning date or on the date of receipt of the KUMC petition at the USCIS service center, whichever is the latest date.  In such a situation, the H-1B holder may change employers while the new petition is pending adjudication as long as H-1B status has been maintained.