Office of the Provost
H-1B Visa Status
H-1B visa status is the most commonly used status for foreign nationals employed by UNCG as teachers, researchers or other EPA staff members. H-1B visa status is based on a salaried UNCG appointment. Processing of H-1B visa status begins through the Department of Labor and ends with a petition to the USCIS. H-1B visa status is reserved for positions which require the theoretical and practical application of a body of highly specialized knowledge and the attainment of at least a Bachelor’s degree.
- General Information
- Extension of H-1B visa status
- Delays and Early Terminations
- Procedures for H visas
- Processing Times
- Prevailing Wage and LCA Information
- Transfer of H-1B visa status
- H visa vs. J visa
- H-4 Status for family members
- Forms for H visas
General Information:
- H-1B visa status is valid up to 6 years in maximum of 3 year increments
- Processing time to obtain H visa status is approximately 3-6 months
- H-1B visa status employment is specific to employer, department and position
- H-1B status permits tenure track and non-tenure track appointments
- Position must be for salaried, full-time appointment at UNCG
- Position must require a minimum of Bachelors degree
- If employee is currently or has ever been in J-1 or J-2 visa status and subject to 212(e) s/he must first obtain a waiver from the Department of State before the Office of the Provost can submit a petition for a change of status to H-1B
- Department must pay a salary which is 100% of the prevailing wage (Determination of the prevailing wage is a step in the application process for the H-1B visa.)
- UNCG will only sponsor full-time employees for an H visa
Delays and Early Terminations
An applicant for a UNCG position may not be employed in H-1B visa status before USCIS approval unless they have alternate employment authorization valid for UNCG. Departments should contact the Office of the Provost if an H-1B foreign national departs UNCG prior to the end date of their visa status. If a foreign national is terminated by the University before the end date indicated on their approval notice for H-1B visa status it is the department's responsibility to incur the costs of return transportation costs to the employee's home country.
Processing Times
Normal processing time for an H petition can take up to six months. USCIS will expedite H-1B petition approval for an additional premium processing fee of $1000. This fee is in addition to the regular filing fees, which currently total $820. USCIS promises to respond to the H-1B petition within 15 days of receipt when this additional fee is paid at the time of filing. If your department is interested in having your employee begin work within a few months of filing of the petition, please contact the Office of the Provost for more information.
Extension of H-1B visa status
Employees are responsible for notifying their department head/dean that they need an extension of their H-1B visas at least 6 months prior to the expiration date. The extension procedures are the same as those of the initial requests with the exception that the $500 anti-fraud fee is not required for extension petitions. It is the employee's responsibility to be aware of regulations regarding H visa status and the validity dates of the status.
Transfer of H-1B visa status
H-1B visa status is not transferable. A new employer must petition through the Department of Labor and USCIS for H-1B visa status to authorize employment for a new employer. It is possible for 2 employers to petition concurrently for H-1B visa status for a foreign national who will work part time for each employer. A UNCG employee who is in H-1B visa status should not change to a different position or department within the University without first contacting the Office of the Provost.