H-1B status permits a U.S. employer to employ a non-U.S. citizen in a specialty occupation. Specialty occupation is defined as requiring the theoretical and practical application of a body of highly specialized knowledge in a field of study.

To qualify for H-1B sponsorship, a position must require at least a bachelor's degree in specific field(s) of study. H-1B petitions are filed by the employer. As such, an individual in the United States in H-1B status is only authorized to work for their sponsoring employer.

To request H-1B sponsorship from OIS, you must have Sunapsis access. Gain Host Department Access to Sunapsis

The H-1B request has required e-forms for both the hiring department and the prospective employee to complete. Once all required e-forms are submitted in Sunapsis, we will begin the first of three steps in the H-1B process. Each step identified below is consecutive. Multiple steps cannot be performed concurrently.

1. Perform a prevailing wage analysis.
2. Create an electronic Labor Condition Application (LCA) posting and submit the LCA to the Department of Labor for certification.
3. Prepare and file an H-1B petition with U.S. Citizenship and Immigration Services.

Please see the H-1B compliance obligations below for more information on these processes.

This section provides a brief overview of key issues that supervisors and departments should be aware of as they consider H-1B sponsorship. Please maintain open communication with OIS if there are any questions or changes to the terms of employment of your H-1B employee(s). 

Wages

H-1B employers are required to demonstrate that they are paying either the prevailing or actual wage to their H-1B employees, whichever is higher. The actual wage is the what the university pays similarly situated workers (individuals with the same job title and similar job duties).  

The prevailing wage is based upon salary survey data provided to the US Department of Labor. UMB prevailing wages are taken from a separate DOL database for university salary surveys. OIS staff will contact you if the offered salary does not meet the H-1B wage requirements.

Payment of Fees Associated with H-1B Sponsorship
All filing fees for H-1B petitions must be paid by the sponsoring department. Under no circumstances can the payment of fees be reimbursed or otherwise paid for by the H-1B employee.

Termination of H-1B Employment
The hiring department is responsible for the costs of reasonable return transportation to the employee’s country of citizenship or last country of residence if the supervisor terminates the employment relationship before the expiration of the H-1B petition. The department is not obligated to cover return transportation costs if the H-1B employee resigns.

It is very important for the sponsoring department to notify OIS if an H-1B employee is no longer employed by the university. OIS staff will withdraw the H-1B petition and LCA after the employment end date to release the university from the requirements to pay the H-1B employee’s salary. Complete the "Employee Resignation & Termination" e-form under the "Active Employee/Scholar Reporting" link in Sunapsis.

H-1B Date Selection
Many questions arise about selecting start and end dates for H-1B petitions. Date selection is a very important part of the H-1B process.

Start Date

• In the case of employees who are not currently employed by UMB, whether outside the United States or inside the United States working for another employer, the H-1B start date should be the start date of the academic appointment, or the hire date for staff positions. In selecting the employment start date, departments should factor in the time it takes to obtain receipt notices and/or approvals by consulting the H-1B Start Date and Request Submission Timeline PDF.

• In the case of employees currently working for UMB, the start date is usually the day after the current work authorization expires.
  

End Date

• We can generally request up to three years for an H-1B petition. H-1B status is limited to six years. OIS will review the documentation submitted with the H-1B request to determine how much time is available to a prospective H-1B employee.

• For grant-funded positions, departments should consider funding expiration dates when requesting end dates. If the University terminates the employment before the expiration of the H-1B petition, the employing department is responsible for providing return transportation abroad for the employee. The employing department is required to notify OIS staff if employment is ended before the H-1B expiration date using the "Employee Resignation & Termination" e-form in Sunapsis.

Changes in the Terms of Employment
The H-1B is employer-specific, job-specific, location-specific, and salary-specific. If there are any changes to the job title, job responsibilities, salary, and/or the location of the employment, please complete the "Employment Amendment Questionnaire" under the "Active Employee/Scholar Change Reporting" link in Sunapsis.

There are three types of filing fees for H-1B petitions. 

• Regular Processing Fee - $460
• Anti-Fraud Fee - $500
• Premium Processing Fee - $2,805
  

Timeline

Use our H-1B Start Date and Request Submission Timeline PDFto select an achievable start date when you are submitting the H-1B request e-forms.

Our office needs a minimum of 3 months from the date the department submits a complete H-1B request to receive an approval notice from USCIS.

General H-1B Work Flow

Step 1: Information and Evidence Gathering

• Department and scholar complete e-forms, gather and prepare supporting documents, letters, fees, etc.

• Department submits full request in Sunapsis.

Step 2: OIS Review, U.S. Department of Labor Process

• OIS reviews the request; communicates with department about any questions.

• OIS conducts a prevailing wage analysis.

• OIS creates electronic Labor Condition Application (LCA) posting and submits LCA to U.S. Department of Labor.

• OIS prepares final H-1B petition; submits to USCIS

Step 3: Petition Pending at USCIS

• If filed with premium processing fee, USCIS will adjudicate the petition within 15 business days.

  • If they require more information, USCIS will send a Request for Evidence (RFE), which will delay approval.

• Without premium processing, the processing time at USCIS is often lengthy.

• Receipt of the H-1B petition at USCIS allows current UMB H-1B employees to continue working (H-1B extension), and for H-1B employees at other employers to start work at UMB (H-1B transfer).

Step 4: H-1B Approval/Consular Processing Required if Scholar is Outside U.S.

• Upon approval, international employees (new or continuing) who held a different immigration status may start or continue work (H-1B Change of Status)

• For scholars outside the U.S., OIS sends the H-1B approval notice to their address abroad.

  • Scholar schedules visa appointment with U.S. Embassy/Consulate (not applicable to Canadian citizens).

  • U.S. Embassy/Consulate reviews application and issues visa stamp. Visa processing times can vary widely due to a variety of issues (i.e. staffing at U.S. embassy/consulate, background checks).

Step 5: Scholar Arrives at UMB/Begins work in H-1B Status

• Scholar may enter U.S. up to 10 days before H-1B start date.

• Scholar completes Form I-9 at HR Service Center within first 3 days of H-1B employment at UMB.

You will need to submit an H-1B Employee Request if:

• An employee or prospective employee who is currently in the U.S. needs to change their immigration status to start or continue their employment at UMB

  • Example: An employee has used all five years of their J-1 research scholar time, and the supervisor wants to continue their employment

• The department is hiring someone from overseas, and the J-1 is not a viable option

• You need to extend the H-1B validity for a current UMB H-1B employee 

• You are hiring an individual on an H-1B who works for another U.S. employer 

• There is a material change to a current H-1B employee's job duties, location of employment, hours, etc. (Contact OIS and describe the change; our office will inform you if an amendment is required.)

Some of the H-1B Request e-forms will require you to complete and upload PDF forms. See below to learn about the uploads for each e-form.

Resources

• H-1B Start Date and Request Submission Timeline PDF
• Sunapsis - Submitting H-1B Employee Requests PDF

  (step-by-step instructions with screenshots)

H-1B Employee Request

This first form collects information about the position.

Potential Uploads:

• Additional sites of activity (only required if employee will work at more than four locations)

• Copies of contracts between the University and location(s) not owned or leased by the University or its affiliated entities (if applicable)

H-1B Supporting Documentation

This second form is primarily to collect the documents we'll need before filing the H-1B. We also ask for your FedEx account information on this form; all H-1B petitions are sent to USCIS via FedEx at the department's expense.

Required Documents:

• H-1B Department Support Letter DOCX

  - this letter may be signed by the supervisor or a departmental administrator

• Fully Signed

  Deemed Export Form PDF

  Review the Office of Research Development's website for more information.

  • Staff Positions only - Copy of Offer Letter

  • Academic Positions (Fellows/Faculty) only - Approved appointment letters (interim appointments acceptable for faculty titles)

  • Academic Positions only -

    Actual Wage Questionnaire PDF

  • Dental School only - letter from Dean's Office (Dr. George) approving the request

Prospective H-1B Employee

The department administrator is required to grant access to the prospective employee by entering the form, selecting "GIVE THE CLIENT ACCESS TO COMPLETE THIS SECTION" link at the top and then entering the employee's email address.

Prospective H-1B employees should review the H-1B Prospective Employee Document Checklist PDF to learn more about the required documentation to obtain H-1B visa status. 

Supervisor Attestations

The departmental administrator with Sunapsis access will provide the supervisor's contact information. An email with instructions will then be sent to the supervisor. The supervisor will need to electronically attest to various provisions to ensure compliance with H-1B regulations.