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What Is An H-1B?

What Is An H-1B?. Visa status title is “Temporary Professional Worker.” This is a work visa designed for those who occupy “specialty” occupations.

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What Is An H-1B?

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  1. What Is An H-1B? • Visa status title is “Temporary Professional Worker.” This is a work visa designed for those who occupy “specialty” occupations. • “Specialty” means that the position must require a minimum of a Bachelor’s degree in a specific field or fields (must show this is an industry standard) and that our employee holds such a degree. • Available for a maximum of 6 years.

  2. Employer Specific • Travel Issues • Timing of the application • Spouses in H-4 status can not work • Extensions of H status • Plan at least 6 months in advance for any change of status or extension applications (if possible). • Must notify SCIS of changes in job (increase in pay, different title or job duties, MUST inform us when you are leaving the U.S. and/or taking employment elsewhere) H-1B

  3. What Is The Process For The H-1B? • The petitioner in these applications is the employer, Syracuse University. • The beneficiary is the employee, Professor X. • The process is initiated by the academic department, who notifies my office by sending a copy of the Letter of Appointment • H extensions are triggered by a letter of re-appointment. ( 6 months in advance). • First step in process is meeting the Department of Labor (DOL) standards for salary.

  4. H-1B Process (cont.) • Slutzker Center can then file the H visa based on academic credentials of employee and supporting documentation from department. • Filing fee that MUST be paid by employer (academic department or campus office) is $190 plus $500 fraud detection and prevention fee. • U.S. Citizenship and Immigration Services (CIS) processing times are 4-5 months. • Premium Processing. $1,000 for 15 business day processing.

  5. Premium Processing • PP is an expedite request that may be submitted by the employer at anytime during an H-1B application. The application will be adjudicated in 2-3 weeks (as opposed to 2 – 5 months). • The filing fee for PP is $1,000 and may be paid by either the employer or the employee (If employee pays it must not drop the salary below prevailing wage)

  6. Basics of Legal Permanent Resident Status (“green card”) • Any green card application filed by S.U. is an employment-based application. • These may be either based upon a Labor Certification from DOL or upon the individuals status as an “Outstanding Researcher or Professor.” • Any employee in a staff position must also get a Labor Certification from DOL by meeting a different standard and set of criteria which often requires the department or college to run a new search for the position.

  7. Pre-filing Recruitment for Tenure-track Teaching Positions (Special Handling) • A print ad in a national, professional publication • Recruitment must have happened within 18 months of filing • All other recruitment materials (search plan/proposal, Hiring plan/proposal)

  8. Policy • S.U. will only support LPR applications for individuals who have been employed by S.U. for a minimum of one year,( except for tenure-track faculty). An individual may petition for an exception to this rule, based upon valid immigration reason and academic support. • Any tenure-track faculty member may proceed immediately with the LPR process as soon as s/he receives departmental support. (18 month window).

  9. Policy • No individual may petition for employment-based LPR via outside attorney. Other types of green card applications may be pursued without Syracuse University support. • An employee may not hire an attorney for H visa application.

  10. HR Functions/DOL Search Requirements • Tenure-track faculty teaching positions qualify for “special handling” of Labor Certification applications at DOL. • Requirements of search, “test of labor market”: • At least one, print advertisement in a national, professional publication. (copies must be provided) • Statement by search chair that outlines each candidate and credentials. • Need Search Proposal/Plan, Hiring proposal/approval,etc..

  11. HR Functions/DOL Search Requirements • Tenure-track faculty teaching positions qualify for “special handling” of Labor Certification applications at DOL. • Requirements of search, “test of labor market”: • At least one, print advertisement in a national, professional publication. (copies must be provided) • Statement by search chair that outlines each candidate and credentials. • Need Search Proposal/Plan, Hiring proposal/approval,etc..

  12. What Is PERM? • “Program Electronic Review Management” system for applying for a Labor Certification from Dept. of Labor. • New on-line system for filing Labor Cert applications. • Portion that must be completed by the international employee. • Most will be approved within 45-60 days.

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