Obtaining H-1 Status for a Stanford Employee

The H-1 is a "specialty occupation" visa for temporary employment. There are many versions of the H-1. The version used by universities is known as the H-1B. An employer wanting to hire an H-1 worker must file a petition with the Department of Homeland Security. The petition has to demonstrate that the job in question is one that requires special preparation, and that the person for whom the petition is being filed has that education or preparation.

1.1. Basic Eligibility

Can be used for "professional positions" in which a Bachelor's degree in the field is the minimum entry-level qualification (in general, non exempt positions do not meet this requirement).

For employees only: no fellowships or other non-salary funding.

H status may be held for a cumulative maximum of six years, up to three years per increment.

1.2. Information for Physicians.

Any physician who is to have patient care responsibilities at Stanford Medical Center must have a California license or exemption there from. Please click here for more detailed information regarding physicians.

1.3. Part-Time Employees

Less than full-time positions demand extra record keeping. H-1 regulations require that hourly records be kept for all H-1 employees whose petition indicate that they are employed less than 100% FTE.

Units with such employees are obliged to maintain hourly records regardless of the FLSA status or University classification of the employee. They must be produced on demand in a University or federal audit.

No standard is prescribed for the appearance or maintenance of these records.

1.4. H-1 Status for Postdoctoral Scholars

The J-1 visa is the appropriate visa type for most Stanford postdoctoral scholars. The University prohibits receipt of fellowship support to employment visa holders such as H-1B, O-1, TN. The department first needs to contact the Office of Postdoctoral Affairs before initiating the H-1 process on behalf of a scholar.

If the scholar meets the H-1 eligibility requirements, the Office of Postdoctoral Affairs approves the visa and the scholar is otherwise eligible for J-1 status, the H-1 petition will be referred to Stanford's external immigration counsel. Petitions referred to external counsel will accrue legal fees.

If the scholar is ineligible for J-1 status, the petition will be processed by the I-Center. Ineligibility for J-1 status would include individuals with pending permanent residency petitions, married to US citizens, currently in J-1 Student status or already in H-1 status. Concerns about being subject to the Two-Year Residency rule if in J status does not make the scholar ineligible for J-1 status. Such cases will be referred to external counsel. Note that legal fees will accrue.

1.5. Outside Attorneys Not Permitted

The Bechtel International Center or the university's external counsel can only prepare H-1 visas. Do not consult, or allow the beneficiary to engage, a non-Stanford attorney. (See memo to attorneys).

1.6. Department Responsibility

Stanford Administrative Guide Memo 28.1 requires the department be responsible for filing visa petitions on behalf of prospective foreign national employees. The Bechtel International Center reserves the right to require that all communication regarding the visa be through a designated department representative other than the beneficiary. All academic staff appointments may be submitted by the department, however, we require all non-academic staff petitions to be submitted to be approved by through your local Human Resources Administrator. We also require that all forms and documentation be submitted through the designated department representative unless requested otherwise.

1.7 Timing

It will take the I-Center 3 to 4 weeks to prepare the petition for submission to USCIS. Cases are worked in the order received; volume varies significantly through the year. We service over 300 cases per year and do our best to accommodate everyone’s needs. As in all immigration procedures, planning ahead is the best strategy.

Once a petition is submitted to USCIS, it will take 4 to 5 months to be approved by regular processing. By including a premium processing fee of $1000 to USCIS with the petition, their processing time is reduced to 3 weeks. Most Stanford initial H-1 petitions are submitted with premium processing. The I-Centers processing time cannot be expedited.

Please see Step 7 for more timing information.

Step 2. Initiating the H-1 Petition

2.1 Download the H-1 Intake Form. Once you complete the form, please submit it by clicking on the "Submit" button at the bottom of the page.

2.2. Download and Submit Prevailing Wage Documents

Employing units that proceed with internal petition preparation will coordinate the creation and maintenance of a Public File of information for at least one year after the expiration of the H-1. You will begin to construct the Public File in the next few steps. The Prevailing Wage is part of the Public File.

The Prevailing Wage is a notion of the US Labor Department that prescribes a minimum salary figure for H-1 employees. DoL carries out surveys against which we compare the salary Stanford is offering. In rare cases, there may be a discrepancy.

Please click on the links below to access forms you will use to assess the Prevailing Wage:

2.2.1. First, complete the Prevailing Wage Information page, available at the link below:

Prevailing Wage Information

(Prepare it using the Job Code Table. The Job Code Table is an Excel worksheet that contains codes you will need to prepare the Prevailing Wage Information Sheet.)

2.2.2. Next, create the Actual Wage Memorandum from the following link:

Actual Wage Memo

2.2.3. Obtain a copy of the (prospective) employee's CV.

2.2.4. Get or write a description of the job to be filled; include prospective start and end dates and dept. contact information

2.2.5. Now, fax the four documents above, namely:

The completed Prevailing Wage Information Page

The finished Actual Wage Memo

The CV

The Job Description, with dates and contact info
To Bechtel at 650-618-0330

Step 3. Create the Public Access File

3.1 We will respond to your fax by notifying you of the prevailing wage. This notification will include a document from the Occupational Employment Survey database.

3.2 Please print that document. Put the following documents in a folder. This is the Public Access File folder.

Prevailing Wage Information Sheet

Wage Memo Occupational

Employment Survey page

3.3 Now, click on the links below and print the documents and put them in the Public Access File folder as well.

Cover Pages

Public access information

3.4 There should be five items in the folder. Later you will add the Labor Condition Application to the Public Access File, but, for the time being, you can put it aside. The LCA bears a file number that will be useful to use as an identifier, since DoL will ask for the file by that number in the event of an audit.

3.5 When you receive the LCA, make three copies. Get the person whose name is noted on the LCA to sign each copy. Post two copies in "conspicuous places" for ten days: the common area with wage and hour notices and the department bulletin board are good places.

3.6 After the ten-day posting, take down the other two LCAs. Put one in the Public File, and store the File someplace it will be available in the event of an audit. you may want to identify the file on the basis of the number assigned to the LCA. This is how DoL will ask for it in the event they want to see it.

3.7 The third copy of the LCA will be the one that goes along to Homeland Security with the I-129 forms and the applicant's documentation. You don't have to keep it until the ten days have passed, but do hold on to it until you receive those materials. We will send them as to you as electronic attachments as soon as we have them available.

3.8 When you have the LCA, the I-129 and the applicant's documentation, use the checklist (see step 4.2 below) to organize the required documentation and information.

Step 4. Compile and Submit the Required Application Documentation.

4.1 Download and Submit H-1 Datasheet

4.2 Checklist of Required Documentation

4.3 Submission of the Required Documentation.

Reception Desk

Bechtel International Center Second Floor

Attn: H-1 Unit

584 Capistrano Way, Box 20227

Stanford, California 94309-0227

MC 8245

Please leave the documents with the Front Desk Receptionist-- NOT the Office of Foreign Scholars.

4.4 Dependent Documents

Employees with dependents will need to include additional forms with the H-1 petition. Please visit this link for information about required documentation for dependents.

Step 5. I-Center Creates Forms and Sends Forms to Department

Once the I-Center has received the H-1 Datasheet, Prevailing Wage Forms and H-1 Documentation, we can create the I-129 form. Once we have created the form, we will send it to the department contact as an Adobe PDF document attachment to the contacts e-mail address. This single attachment will include the I-129, H Classification Supplement to Form I-129, H-1B Data Collection and Filing Fee Exemption Supplement and the I-907, Request for Premium Processing Service form.

When you receive the forms, look it over for essential errors. Because the form is used for a variety of visa types, there are blanks areas; this doesn't mean that information is missing or has been forgotten, but much more likely that the element is not relevant to the petition at hand.

Note that start dates are sometimes adjusted to reflect practicalities: the government will not approve an H-1 retroactively, and processing time is taken into account. End dates are determined by factors including funding and the three-year statutory maximum increment allowed on any H-1 approval. An H-1's period of validity must be comprehended by the supporting LCA, as well.

If you find problems, please notify us so we can take care of them before forms are signed.

Step 6. Sign I-129 and LCA and Return to I-Center

6.1 Required Signatures

6.1.1 Check the I-129 form for any errors

6.1.2 Print 3 Copies

6.1.3 Have the form signed in blue ink by the supervisor whose name is on the form. Required signatures are marked on the I-129 forms by a check mark. Please sign all three forms.

6.1.4 Please give the employee a copy of the signed LCA and I-129 if in the US. If the employee is outside the US, send them the copies with the Approval Notice you will receive from USCIS.

6.2 Mailing Labels

If you included a PTA number on the H-1 Data Sheet, then the I-Center will prepare the mailing labels. If you would like to prepare the mailing labels yourself, please bring a prepaid label and standard sized mailing envelope to the I-Center. It may be USPS, FEDEX or any other domestic carrier. Please address it to one of the two addresses listed below that corresponds to the type of service you're requesting.

By Express/Courier Mail Service (FEDEX, DHL, UPS):

Regular Processing

ATTN: I-129

USCIS California Service Center

24000 Avila Road

2nd Floor, Room 2312

Laguna Niguel, CA 92677

800-375-5283

Premium Processing Service

ATTN: I-129

USCIS California Service Center

24000 Avila Road

2nd Floor, Room 2312

Laguna Niguel, CA 92677

(949) 831-8550

By US Postal Service

Premium Processing Service

USCIS ATTN: I-129

California Service Center

P.O. Box 10825

Laguna Niguel, CA 92607

H-1 Extensions

USCIS

California Service Center

ATTN: H-1B Extensions

P.O. Box 10129

Laguna Niguel, CA 92607-1012

Please note that the USCIS no longer permits the use of return express mail packages. They will send the approval notice by regular mail to the I-Center.

6.3. Required Checks

All checks should be made out to "United States Citizenship and Immigration Service. Each fee should include paid on a separate check.

Basic H-1 fee for all petitions.....................................$320*

Dependent form (applicant responsibility).......................$300

Premium Processing................................................$1000

Premium Processing guarantees that Citizenship and Immigration Services will render a decision in 15 days.

Anti-Fraud Fee........................................................$500*

Payable by Stanford check ONLY on all initial petitions, including changes of status and new Stanford employment for existing H-1 workers. This "Anti-Fraud Fee," is be payable by the employer only, and is not to be paid by the employee. Thus, a separate Stanford check in the amount of $500 must accompany each petition for initial H-1 status. "Initial" includes employees who are changing status to H-1; who are outside the US waiting for a new H-1 to be approved; and employees who are already in the US in H-1 status who are coming to work for Stanford. Proceeds of the fee will be shared by various agencies to fund investigations into fraudulent uses of the H-1 program by employers.

*Required for all initial H-1 petitions and ports (transfers).

6.4 Submission of Forms, Labels and Checks

Gather the following items:

Signed I-129 forms and supplements

Signed LCA forms

Mailing Label

Checks

Please submit to:

Reception Desk

Bechtel International Center Second Floor

Attn: H-1 Unit

584 Capistrano Way, Box 20227

Stanford, California 94309-0227

MC 8245

Please leave the documents with the Front Desk Receptionist-- NOT the Office of Foreign Scholars.

Once we receive these items, we will compile the petition and send it to DHS. We will notify you by e-mail once sent.

Step 7. DHS Processing

7.1 DHS Processing Times

Regular Processing -Takes 3 to 6 months from submission to approval.

Premium Processing - Takes 3weeks from submission to approval.

7.2 When to Begin Employment

7.2.1 New Employees Outside the US

New Employees with I-797 Notice of Approval and an H-1 visa stamp cannot enter the US more than 10 days before the start date on the I-797. Canadians may enter without the visa stamp. Employees who enter in H-1 status must begin payroll no later than 60 days after the start date on the I-797.

7.2.2 New Employees Within the US Changing Status to H-1

May begin work no earlier than the approved date on the I-797 and no later than 30 days from the start date.

7.3 Obtaining the Visa Stamp

7.3.1 If outside the US with no H-1 visa stamp or expired H-1 visa stamp the employee will need to make a visa appointment with a US Consulate abroad. A list of US consulates may be found at http://usembassy.state.gov/ . Instructions on what to bring vary from consulate to consulate but you should be prepared to submit the documentation listed below.

7.3.2 If inside the US in currently in H-1 status or other status and then the employee may remain in the US for the duration of the I-94 card attached to the I-797 H-1 Approval Notice. If you do leave the US during the validity of the I-94 dates, you will need to obtain a visa stamp before you can re-enter the US. If the I-797 did not have an attached I-94 card, you should check with the I-Center to ask if employee needs a visa stamp before beginning H status.

7.3.3 List of documentation for H-1 Visa stamp

1. THE ORIGINAL form I-797 - approval of H visa status as generated by the U.S. Immigration & Naturalization Service.

2. A COPY OF THE ETA 9035 (LABOR CONDITION APPLICATION) as APPROVED by the U.S. Dept. of Labor.

3. A COPY OF THE SIGNED I-129 petition as filed by Stanford University with the Immigration & Naturalization Service. The document should be signed by the employer. The I-Center preparation signature is not required.

4. A CURRENT LETTER OF EMPLOYMENT AFFIRMATION from the Stanford University department.

You should also be prepared to submit copies of the same documentation used to obtain your last H approval.