H-1B Application Process

Please review Estimated Processing Times when choosing a Requested Start Date and End of Employment Issues when choosing a Requested End Date. ISSS can request up to 3 years on each H-1B petition. To avoid cost for return transportation, only request dates for which you have funding. The End Date for Faculty and Post Doctoral Fellows must match the appoinment/contract letter.

1. Department submits H-1B Departmental Application form and H-1B Deemed Export Controls Attestation form to ISSS (DO NOT EMAIL DOCUMENTS...SEND THROUGH INTEROFFICE MAIL WITH CHECKS)

2. H-1B applicant submits H-1B Applicant Form with required documents to ISSS (These documents should be emailed through TUsafesend)

3. ISSS sends Deemed Export Attestation Form to University Counsel. This form is required for every H application that is submitted, regardless of whether research is involved. This process is dependent upon the nature of the position and the research technologies involved and therefore unpredictable.

4. Upon determination that the higher of either the prevailing or actual wage is being paid to the employee, ISSS begins LCA process and sends to Human Resources a request for posting notice confirmation (this is not a posting for recruitment purposes). Please note that certification of an LCA takes a minimum of seven days.

5. Once University Counsel notifies ISSS that no Deemed Export License is required, the LCA has been certified by DOL, and ISSS has a complete application,  ISSS begins processing the I-129 and supporting letter for the H-1B petition. This step of the process may take several business days.

7. 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.

8. 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.