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H-1B PacketH-1B Nonimmigrant Employment Authorization: Specialty Occupations Overview
of H-1B Status Purpose of H-1B visa category: This type of employment authorization is for temporary employment in specialty occupations (position must require at least a bachelor’s degree for entry into the profession). This category is regulated by both the United States Citizenship & Immigration Service (USCIS) and the United States Department of Labor (DOL). A conjunctive application is filed with the DOL that is posted for 10 business days and kept in a public access file. H-1B status is available for faculty, postdoctoral and staff positions. When to contact OIS: The hiring department should contact OIS as soon as an offer of employment is made to a foreign national needing work authorization, if not sooner. Although OIS will process each H-1B application as quickly as possible, our office ideally needs at least six weeks notice for any new H-1B applications. If the foreign national is currently outside the US, time must also be allowed for the employee to obtain a visa at the US consulate or embassy to enter the US. To avoid the extra $1,000 premium processing fee, it is best to contact OIS at least five or six months in advance of the prospective H-1B start date. Please note: Processing times at the USCIS vary and change without notice; therefore, it is best to speak directly with a member of OIS to determine the current processing time applicable for each new H-1B application. Is the employee’s intention to remain in the United States an issue for visa issuance? Dual intent is allowed in H-1B status (e.g., a person may apply for permanent residency directly from H-1B status and continue to extend H-1B status until permanent residency approved). Employees interested in permanent residency should contact a member of OIS to schedule an appointment. Is direct patient care permitted? Physicians
/Clinical Fellows/Residents: H-1B status is NOT available if a physician is currently in J-1 status, is subject to the two-year home residency requirement and has not obtained a waiver of that requirement. Nurses: Allied
Health Professionals: Maximum length of stay permitted in H-1B status: H-1B status is approved in increments of up to 3 years at a time, but can be extended up to a maximum of 6 years of continuous stay in the U.S. (Extensions beyond the 6th year are possible in limited circumstances related to pending permanent residency applications.) Salary requirements and funding source: H-1B status is appropriate for employees who receive a salary from Vanderbilt that meets the DOL requirements. A person in H-1B status must be paid the higher of either the “prevailing wage” or the actual wage that Vanderbilt pays other employees in the specified employment in question. Ideally, OIS should be contacted as early as possible in employment negotiations to ensure compliance with these requirements. Employees receiving pay by other employers or outside sources should speak with a member of OIS to determine if H-1B status is appropriate. In addition, H-1B status is usually not appropriate for training programs or positions that are very brief in nature. A member of OIS can help determine if H-1B status is appropriate on a case-by-case basis. Transfers of H-1B status from another US employer: If transferring H-1B status to Vanderbilt from another employer, OIS must file a new H-1B application with the USCIS for Vanderbilt employment before the foreign national terminates employment with the current employer. Failure to maintain employment with the current employer prior to filing a new H-1B application at Vanderbilt may cause serious delays in employment at Vanderbilt (e.g., the foreign national may have to leave the United States and obtain an H-1B visa abroad in order to re-enter). Transferring H-1B status from another employer involves careful timing and diligence in the application process; therefore, it is important that OIS be contacted as soon as possible when offering a position to a foreign national currently in H-1B status at another employer. Changes in employment and transfers of H-1B status within Vanderbilt: Employees in H-1B status at Vanderbilt should be aware that their current H-1B status only provides work authorization to work at Vanderbilt in the job specified on the Labor Condition Application (filed with the H-1B application); however, employees in approved H-1B status at Vanderbilt may transfer within Vanderbilt in the same specific employment. For example, a Research Assistant may transfer to another department at Vanderbilt as a Research Assistant without the need for filing a new H-1B application with the USCIS; however, the new department must comply with the previous salary requirements and dates of H-1B sponsorship. OIS should be contacted PRIOR to any change in employment to clarify the position change and determine the required forms needed from the new department. Employees in H-1B status at Vanderbilt with significant employment changes may need to file an amended H-1B application with the USCIS. Significant changes may include any of the following: 1) Promotion to a new position, 2) Change of job title, 3) Significant change in job duties, 4) Change in employment classification (i.e., changing from staff to faculty), or 5) Reduction or increase in work hours. Again, OIS should be contacted by the department to determine the required documents and forms needed. The employee is NOT approved to begin the new employment until OIS confirms that an amended H-1B application has been sent to the USCIS. Extension of H-1B status at Vanderbilt: Employees currently in approved H-1B status at Vanderbilt will need to extend their H-1B status before their current status expires in order to maintain lawful status and to continue working at Vanderbilt without interruption. Employees needing to extend H-1B status are encouraged to begin the process well in advance. OIS contacts such individuals six months in advance of their current expiration date to remind them of this requirement. Although an employee with a pending extension of H-1B status at Vanderbilt is authorized to continue working past the current expiration date, such an employee will not be able to travel outside the US and obtain a visa for re-entry until the H-1B Approval Notice is received. To extend your H-1B status, please follow the Application Process as outlined below. Termination of employment at Vanderbilt while in H-1B Status: Employees in H-1B status at Vanderbilt should be aware that their ability to remain in lawful H-1B status in the United States is directly tied to their employment at Vanderbilt. If an employee wishes to pursue other employment opportunities outside Vanderbilt, OIS can discuss options for maintaining status through the change in employment. Employees should be aware that there is NO status grace period following termination of employment at Vanderbilt if termination occurs prior to the current H-1B expiration date. A ten day grace period exists following the expiration date of the H-1B status to provide time to leave the US. Employees in H-1B status who are informed of an upcoming termination or lay-off should contact a member of OIS immediately to obtain advice. Is H-1B status suitable for tenured or tenure-track faculty? Yes, tenure track positions in general qualify for H-1B status, but employees must initiate the process for obtaining permanent residency or an O-1 visa to provide work authorization once the H-1B status is exhausted. Dependent family members in H-4 Status: Dependents of H-1B holders (children under 21 and spouses) are eligible for H-4 status. This status can be obtained at the U.S. Consulate or Embassy if the dependents reside outside the U.S. If the dependents reside in the U.S., then OIS can assist in filing an application for H-4 status with the USCIS. Dependent family members MUST obtain H-4 status if inside the United States UNLESS in another nonimmigrant category (i.e., F-1 student status, H-1B status, J-1 status). Dependent family members in H-4 status are NOT authorized to work while in the United States. Dependents in H-4 status may NOT receive any income while in H-4 status. They may volunteer ONLY in traditional volunteer positions that are advertised as such. Fore example, family members may volunteer at a local non-profit agency in Nashville only if the position is advertised as a “volunteer” position. Dependent family members may NOT “volunteer” or work for no pay in positions that are normally paid positions. For example, family members in H-4 status may NOT “volunteer” or work for no pay at Vanderbilt performing duties that Vanderbilt employees are normally paid to do. Dependents in H-4 status may study or take courses at local universities or colleges; however, if they choose to study full-time, they should consider changing to F-1 student status in order to obtain approved, on-campus work authorization. For details, please contact a member of OIS. Applying for New or Extending Existing Vanderbilt-Sponsored H-1B StatusIf you are a foreign national seeking H-1B work authorization at Vanderbilt, you must have an offer of employment in order to begin the H-1B application process. If you are currently living in the Nashville area and are filing a NEW H-1B application at Vanderbilt (does not apply to extensions and amendments of status), then OIS requires that you meet with an Immigration Advisor in order to begin the H-1B process. If you are not living in the Nashville area, then you should contact OIS to schedule a telephone appointment with an Immigration Advisor. All H-1B applications for employment with Vanderbilt are filed by OIS. Vanderbilt does not authorize private attorneys to file H-1B applications for Vanderbilt-sponsored H-1B status. H-1B PROCESS: OIS uses an online case-management system for H-1B applications and ongoing case management. All types of H-1B applications (i.e., change of status, transfer, extensions, amendments, consular) are processed using this online case-management system and follow the process outlined below. Please read these step-by-step instructions carefully: 1.
The foreign national contacts OIS to set an appointment (unless
extending or amending current H-1B status at Vanderbilt). PLEASE NOTE: The Department is responsible for completing Pages 3 - 8 and providing the required supporting documents. Incomplete H-1B packets will be returned to the department for full completion and Foreign National: 4.
The foreign national logs-in at www.welcomeclient.com
and completes the online questionnaire. Click
here for instructions for completing the FN questionnaire.
Department: 7. Prepares the following documents and submits to OIS with original signatures:
USCIS Filing Fees: 8. Hiring departments are responsible for payment of all USCIS filing fees REQUIRED for employment of the foreign national. If the $1,000 Premium Processing Fee is required for employment, then the department will be required to pay this fee as well (OIS will determine if this fee is required on a case-by-case basis). PLEASE NOTE: Departments will no longer be required to send the USCIS checks with the filing request. Instead, OIS only needs the cost center number (1180) and we will do the USCIS check request ourselves. Departments must submit a completed Fee Sheet as part of the H-1B packet (please refer to page 7 of the H-1B packet). For reference purposes, the current USCIS filing fees for H-1B applications is as follow:
Additional Fees (not required to be paid by hiring department):
This
list does NOT include visa issuance fees levied
at U.S. Consulates / Embassies for applicants outside of the U.S.
Foreign nationals residing outside of the U.S. should visit the
Department of State’s website at www.travel.state.gov
to obtain a current list of visa issuance procedures. The OIS internal processing time for applications varies dependent upon complications that may arise due to incomplete forms, delays in obtaining a prevailing wage determination from the Department of Labor, and OIS’ current caseload. OIS will file the application with the USCIS once all internal processing is complete and all required forms and documents have been received. OIS will notify the hiring department and foreign national once the H-1B application has been mailed to the USCIS. OIS will again notify the department and foreign national once it receives the USCIS Receipt Notice with the case number. This number can be used to monitor USCIS internal processing of the application via the USCIS website. In addition, both the department and the foreign national can check the current status of the case via OIS’ online case-management system. Upon receipt of the USCIS Notice of Approval, OIS will email the foreign national and department, as well as fax the department a copy of the Approval Notice. If the foreign national is new to H-1B status, he or she must meet with OIS to obtain the H-1B approval documents and receive an orientation regarding the new H-1B status at Vanderbilt. If the foreign national is outside of the United States, OIS will prepare a package of documents to send to the individual’s address overseas. The foreign national will then be responsible for scheduling an interview to obtain an H-1B visa stamp for entry into the United States. On-going Responsibilities for Departments and Employees in H-1B Status Once an employee receives approval of H-1B status, Vanderbilt and the employee must maintain compliance with H-1B federal regulations during the course of the employee’s employment at Vanderbilt. Such regulations require careful monitoring of salary, job title, job classification, and job duties. Any significant changes in ANY of these areas require OIS to be notified. Failure to maintain compliance and update our internal documentation could result in serious penalties and fines should Vanderbilt be audited by the Department of Labor or USCIS. To follow are the requirements of departments and employees in H-1B Status: Responsibility of Departments:
** Please read the “Overview of H-1B Status” section above for more details regarding compliance in H-1B status. Responsibility of Employees in H-1B Status:
** Please read the “Overview of H-1B Status” section above for more details regarding compliance in H-1B status. Please contact OIS at ois@vanderbilt.edu or 615 343-7467 with any questions or concerns.
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