H-1B Employment at the University of Minnesota

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H-1B: The Basics

Description of H-1B Status

Qualifying Criteria for H-1B

Comparing Work Visas

H-1B Status Documents

H-1B Annual Cap

H-1B Application Process

ISSS Procedures/Fee

Contract/Appt. Language

US Gov. Processes/Fees

H-1B Processing Times

Obtain/Extend H Status

Payroll Documents

Identification Documents

Extension

Transfer

Change of Status

Persons Outside U.S.

Changes in UMN H-1B Job

H–4 Dependent

H Regulations & Policies

Travel

Travel to Canada & Mexico

Extensions Beyond 6 Years

Part-Time Employment

Consultation Policy

Taking Classes in H-1B

Change of Address Rules

H-1B Grace Period

Departure from UMN

Resources for H-1Bs

Employment-based Visas:
Comparison Chart

Int. Scholar Handbook

Int. Scholar Orientation

Contacting ISSS Staff

Print Version

H-1B Application Process
US Government Processes/Fees

The government agency process for obtaining an H-1B for an employment position has two phases:

1. The U.S. Department of Labor must review a Labor Condition Application (LCA), to determine that the wage requirement is satisfied. ISSS submits the LCA to the Department of Labor for approval.
2. ISSS submits the petition and approved LCA to USCIS, which reviews the H-1B petition and the approved LCA, and determines whether to grant the H-1B status.

USCIS fees: U.S. Department of Labor regulations require that employers pay (and not recoup from employees) expenses required for H-1B applications.

• $320: Standard filing fee
• $500: Antifraud fee (new and transfer applications only; not required for extensions. Must be a separate check )
• $1000: Optional Premium Processing (15-day processing)
  (May be combined with $320)

NOTE: H-4 dependent applications (Form I-539) require a $300 USCIS filing fee (all dependents can be included on one I-539 with one $300 fee), which can be paid by the employee or the Department.

Premium Processing

Premium Processing is an expedited service that is available from the U.S. Citizenship and Immigration Services (USCIS) for H-1B petitions. The USCIS charges a $1,000 fee in exchange for 15-calendar day processing. USCIS guarantees that within 15 days they will issue either a Notice of Approval or a request for evidence. If the USCIS fails to process the petition within 15 days, it will refund the $1,000.

In order to have an H-1B petition adjudicated with premium processing, either contact an H-1B adviser to discuss your case and/or attach a University of Minnesota check for $1,000 payable to the Department of Homeland Security, written in full. Premium Processing may be requested simultaneously with the H-1B application or at a later date, if necessary.