Office of the Provost
The H-1B Application Process-
Obtaining approval to employ an H-1B worker is a three-part process requiring the employer to:
- Establish both the prevailing and actual wage for the position;
- File a Labor Condition Application with the US Department of Labor;
- File an H-1B petition with the United States Citizenship and Immigration Services (USCIS).
Filing the H-1B Petition
Once the Labor Condition Application has been certified by the DOL, the employer must file an application with the USCIS as a request for permission to employ the foreign national in H-1B visa classification. The Office of the Provost will compile the petition with information provided by both the hiring department and the foreign national.
The "H-1B Petition" must include;
- USCIS Form I-29 and H Supplement
- The Certified LCA
- A letter offering the position to the foreign employee, which includes a detailed description of the job duties and minimum salary offered, the exact dates of employment, and the employee's qualifications for the position as described.
Required Information from the Hiring Department:
Please note: some items require the Adobe Acrobat PDF Reader, which can be downloaded from the Adobe web site.
- A fully completed data collection form;
- A signed copy of the LCA attestation form;
- A detailed copy of the position including job duties and responsibilities, minimum education and professional requirements and the salary offered;
- A copy of the job advertisement;
- A copy of the job offer letter given to the employee;
- A fully completed Actual Wage Form
- A list of similarly employed individuals and their current wages
- A check from accounts payable addressed to the Department of Homeland Security for $185 filing fee
- A check from accounts payable addressed to the Department of Homeland Security for $500 anti-fraud fee
Click here to download a complete H-1B packet for hiring a new international employee.
The foreign employee will also be required to submit information and documentation for preparation of the visa application. Click here for a complete H-1B packet for the new international employee.
Required Information from the Foreign National:
- A fully completed data collection form;
- A copy of the his/her diploma for the highest degree attained, OR, Official transcripts which document the awarding of the highest degree attained. All documents not in English must be accompanied by an official, certified translation. (In some cases, it may be necessary to have an equivalency evaluation of these credentials done by an outside credentialing agency.);
- Copies of all requested immigration documents;
- Two copies of his/her most recent curriculum vitae.
Step-by-Step Procedures:
- Employing department obtains H-1 packet from the Office of the Provost.
- Department signs the Labor Condition Attestation and attaches a copy of the offer letter and a non-technical job description, then submits them to the Office of the Provost.
- The Office of the Provost requests prevailing wage from Employment Security Commission of North Carolina, (2-4 weeks) and, if no wage problem, submits Labor Condition Application (LCA) to Department of Labor for approval.
- The Office of the Provost sends the hiring department and HRS an Department of Labor notice for ten-day posting.
- Hiring department and HRS post notice for 10 working days.
- The hiring department and HRS return the signed notice to the Office of the Provost indicating that the posting has been completed.
- Hiring department prepares required supporting documentation (see checklist) and checks for USCIS fees ($185 and $500, plus $1000 if premium processing is required).
- Once LCA is approved and has been posted for 10 days and the department and foreign national submit the required documents, the Office of the Provost sends I-129 packet to USCIS. Form I-539 is required in some cases for dependents. (Fee for the I-539 is the responsibility of the employee.)
- USCIS responds (hopefully with an approval) to the petition (aprox. 3-6 months unless premium processing is requested) and sends approval notice (I-797) to the Office of the Provost.
In the most common scenario, the prospective H-1 is already in the U.S. in another status and applies to USCIS for a change of immigration status. If abroad, USCIS will cable approval to requested U.S. embassy or consulate where he/she will apply for an H-1 visa. Spouse and children may apply for H-4 dependent visas.