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 Application Process

ISSS Procedures/Fee

Contract/Appt. Language

US Gov. Processes/Fees

H-1B Processing Times

Obtain/Extend H Status

H Transfers (Portability)

Change of Status

Persons Outside U.S.

Changes in UMN H-1B Jobs

Request to Extend H-1B

H Dependents

H-1B Annual Cap

H Regulations & Policies

Travel Outside the U.S.

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
Contract/Appointment Letter

Academic Professional & Administrative (P&A) Appointments

In consultation with the UMN Office of General Counsel we have prepared contract language (written below in bold) that we advise departments to use in their contract/appointment letter when offering/extending a P & A appointment and applying for H-1B. The language includes standard hiring language related to employment at the University of Minnesota as well as language specific to hiring an employee as an H-1B.

It is especially important to include this language for departments offering P&A annual/renewable appointments when the department expects that under normal circumstances the position will be renewed for more than the one year. Departments sometimes wish to obtain the H-1B approval for as long a timeframe as possible to avoid paying the additional costs associated with annual renewals of the H-1B. This is understandable but must be weighed against the possibility that the employee will not perform satisfactorily or the funding for the position will not be available in successive years. In such cases, the suggested contract language is intended to protect the University from contract claims by employees who might claim they are guaranteed employment for the length of the H-1B approval.

In addition, the H-1B application that ISSS will submit to USCIS requires a start and end date for the H-1B status. The start date must be a future date by which the USCIS can adjudicate the application. The end date can be no more than three years from the start date. Sometimes the dates of the appointment do not match those needed for the H-1B petition (for example, when the employee has already begun the job on another visa status).

We ask employing departments to include the following language (in the offer letter or separate document on departmental letterhead) related to continuation of employment and to hiring an employee as an H-1B:

The job appointment is for the period from ———— to ————.Continuous employment is contingent on annual renewal, satisfactory performance, continued funding, and your ability to receive work authorization in the United States from the U.S. Citizenship and Immigration Services, and maintain your legal status according to the requirements of your visa category while you are in the United States. Based on these conditions, we are requesting that the H-1B status be authorized for the period from ———— to ————.

In this context, it is also essential to note that the U.S. Citizenship and Immigration Services’ regulations require that the employer be responsible for the reasonable costs of return transportation of the H-1B employee to the foreign national’s last place of foreign residence if the H-1B employee is dismissed for any reason by the employer before the end date of the H-1B Notice of Approval. As part of the application process, the Department Head or Designee signifies an understanding of these conditions (on the Statement of Responsibilities) and agrees that the Department shall provide the necessary costs of return transportation should this situation occur.