Before departments choose the H-1B status for an employee, they should review information about eligibility and associated fees. In addition it is critical that departments understand that they are responsible for return transportation costs for any H-1B employee who is terminated and cannot find a new H-1B sponsor in the U.S.
Currently it can take up to 3-4 months for the VISA office to obtain an approval from the United States Citizenship and Immigration Services (USCIS).
Complete the H-1B Application Portfolio and Submit to the Visa & International Services Administration office (VISA)
This packet contains the following:
- H-1B Application Instructions and Application
- H-1B Application Checklist
- Administrative Services Fee Agreement
- Deemed Export Control Form
These forms must be submitted to VISA as soon as possible in order to start the H-1B process.
After you submit your application to the VISA office
The VISA office will prepare the H-1B application (with all the materials provided by the department and individual). Upon receiving approval from the Department of Labor, the VISA office will file the H-1B application with the U.S. Citizenship and Immigration Services (USCIS).
When the VISA office receives the approval notice from the USCIS, the Immigration Partner will contact the department and the applicant. If the applicant is overseas, the VISA office will forward the approval notice to the department so that the applicant can apply for an H-1B visa to enter the U.S. The department is responsible for sending the approval notice to the applicant, via courier service.
If the extension application is filed with USCIS in a timely manner (before the expiration of the current H-1B status) then the employee does not have to wait for USCIS H-1B approval notice. With timely filed H-1B extensions the employee is authorized to continue to work and be paid for up to 240 days after the expiration of his/her current H-1B status. Therefore, in most cases “Premium Processing” is only necessary if the H-1B employee will be traveling outside the U.S.