1. Department submits this application and required documents to ISSS
2. Upon determinationthat the higher of either the prevailing or actual wage is being paid to the employee, ISSS sends to Human Resources arequest to post information regarding the position (this is not a posting for recruitment purposes)
3. ISSS sends Deemed Export Attestation Form and accompanying documents to University Counsel. This form is required for every H that is submitted, regardless of whether research is involved. Please note that confirmation no controlled technology license is needed is unpredictable. This process is dependent upon the nature of the position and the research technologies involved.
4. Once HR confirms the LCA posting notice, ISSS submits the Labor Condition Application (LCA) to Department of Labor (DOL) for certification. Approval for an LCA takes a minimum of seven working days.
5. Once University Counsel notifies ISSS that no Deemed Export License is required for the H-1B Applicant’s position and the LCA has been certified by DOL, ISSS begins processing the I-129 and supporting letter for the H-1B petition. This step of the process may take two or three business days.
6. When the application process is complete, the H-1B petition is compiled, checks are attached and the petition is submitted to the United States Citizenship and Immigration Service (USCIS) via UPS. If petition is being premium processed (optional process for an additional $1225 above the required $325 and $500 [initial and transfer petitions only] fees), we expect a response from the USCIS within 15 days of USCIS’ receipt of petition. The response can be an approval notice, a request for further evidence, or an intent to deny the petition.
7. The hiring department, Human Resources and the H-1B applicant will be notified via email when ISSS receives the Receipt Notice and Approval Notice from USCIS.