Position Description
It is essential that the Position Description is up-to-date and accurately reflects the responsibilities of the position. The Position Description must be entered into PeopleAdmin.
Request for Prevailing Wage and Sponsorship of Temporary Employee
To request a prevailing wage and sponsorship of a temporary employee the department should complete the Request Form and the Deemed Export Attestation Form. Both documents need to be returned as soon as possible in order to start the H-1B process. The H-1B Process Checklist provides a guide of the steps involved and a time line.
Pursuant to 8 C.F.R. § 214.2(h)(9)(i)(B), the H-1B petition may not be submitted to USCIS more than six months prior to the employment start date.
Applicant Information
The prospective H-1B employee should complete the H-1B Employee Supplemental Form and provide information related to their education, immigration history, and dependents. Supporting documents must also be provided.
If you are requesting an extension of a current KUMC H-1B, then the H-1B employee will complete the Current KUMC Employee Form.
Fees
By federal law, the department is responsible for paying any required fees associated with the petition. This includes the petition fee ($325) 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 of $1,225 (change of amount effective 11.23.10) 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
The H-1B process requires multiple steps as outlined on the H-1B Process Checklist. 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. 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 is currently 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.
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The University of Kansas Medical Center