H-1B Sponsorship

H-1B status is an employer-sponsored non-immigrant status for employment in occupations that require specialized knowledge. H-1B status is typically used for the  following types of positions:

• Post-doctoral research associates
• Tenure-track faculty appointments
• Professional/Professional faculty appointments
• Visiting professors and lecturers

Part-time, hourly, adjunct, and unpaid positions are not eligible. Some operational positions are eligible. For more information on eligibility requirements, etc, see  H-1B visa status. 

The Reves Center works with the hiring department to secure H-1B status for its employees. It is best to start the process 4 months in advance of the start date. H-1B status can be granted in 3 year increments for a total of 6 years. Steve Sechrist, [[sjsech]], at the Reves Center will advise the department on the process, requirements, timeline.

Outline of the process: 

1. Department and employee completed H-1B Sponsorship/Information forms (see below) and submit to [[sjsech, Steve Sechrist]] at Reves Center.
2. Reves Center applies to Dept of Labor for a prevailing wage determination (takes Dept of Labor about 3-6 weeks to process).
3. Once Prevailing Wage is issued, Reves Center files the LCA (Labor Condition Application). This takes Dept of Labor 7 days to process.
4. Once LCA is approved, Reves Center compiles and submits H-1B petition to Dept of Homeland Security.
   1. Standard processing time is 2-5 months. Standard filing fees ($825) paid out of Reves Center.
   2. Expedited processing time is 15 business days. This costs an additional $1225 which must be paid by the department or employee.
5. Once H1B is approved, Reves Center notifies the department, Human Resources, and employee.

Required Forms

From the department:

1. H-1B Departmental Sponsor Form (pdf)
2. Letter of Support (doc) - Print on department letterhead with an original signature. Note: This is a template. Please adjust the wording accordingly as required. Additionally, please do not leave the segments that you substitute in bold and italics.

From the employee:

1. W&M Scholar Information Form (pdf) - This form also includes a list of documents (e.g. c.v., copies of immigration documents) that the employee must submit. The list will vary depending on the scholar's current situation.

Fees (US government filing fees)

1. Standard processing fees  - $825 for an initial H-1B petition or $325 for an extension - are paid by William & Mary through the Reves Center.
2. Expedited processing (premium processing) fees - $1225 - are paid by the department or employee. This fee is in addition to the standard fee of $825/$325.
   1.   Note: In most cases Premium Processing can be avoided. Reves Center can help assess whether it will be needed or not.

Notes

Depending on the empoyees current immigration/visa status, he/she may be able to begin employment even before the H-1B petition is approved:

• Immediate employment may be possible, if he/she is in F-1 student status with valid Optional Practical Training (OPT), J-1 student status with Academic Training, or J-1 scholar status.
• If the employee is currently in H-1B status at another institution, he/she can begin work for W&M once we have submitted the petition to Homeland Security (i.e. no need to wait for it to be approved).

Questions?

Contact Steve Sechrist, [[sjsech]]