H-1B Visa - Clemson University

Report
Department Hires
and H-1B Visas
What is an H-1B?
• A non-immigrant Visa,
• For temporary employment
• Requiring a bachelor’s degree (Specialty
of Occupation)
• Limited to employment by the
sponsoring employer.
How long is the H-1B valid?
• Initial 3 year period
• Extendable to 6 years
• After 6 years, 1-year waiting period
outside of US for another H1-B
• Possible extensions while waiting for
permanent residency application
decision
Who needs to be involved ?
Employee (must meet all criteria)
Employer (Clemson)
Hiring Department
Office of International Services
Human Resources
US Government (via OIS)
Department of Labor (DOL)
Department of Homeland Security (DHS)
Department of State (DOS)
USCIS required fees
• $ 325 filing fee
• $ 500 fraud prevention fee
• $ 1225 if filing for premium processing
Clemson University Procedure
• First Stage: 2 WEEKS
Department has
initiated
conversation
with OIS
The
Department
submit IS 400
form and
supporting
documents to
OIS
OIS requests
the prevailing
wage from DOL
and Clearance
from the CU
Export Control
Officer
• Second Stage: 2 Weeks
DOL returns the
prevailing wage and
export control is
cleared
OIS completes on
time H-1B forms and
gathers required
documents and fees
Third Stage: 20 days for premium processing
2-4 Months for normal process
OIS sends the
application to
USCIS for
adjudication
OIS contacts the
Department and
employee with
the H-1B
approval notice
from the USCIS
Employee
collects the H1B approval
notice and
contacts HR to
complete
internal change
of payroll status
• Department and Employee celebrate
• More resources for H-1B visa are available at:
• http://www.dol.gov/whd/immigration/h1b.htm
• http://travel.state.gov/visa/temp/types/types_1
271.html
• www.uscis.gov

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