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:
- Department and employee completed H-1B Sponsorship/Information forms (see below) and submit to [[sjsech, Steve Sechrist]] at Reves Center.
- Reves Center applies to Dept of Labor for a prevailing wage determination (takes Dept of Labor about 3-6 weeks to process).
- Once Prevailing Wage is issued, Reves Center files the LCA (Labor Condition Application). This takes Dept of Labor 7 days to process.
- Once LCA is approved, Reves Center compiles and submits H-1B petition to Dept of Homeland Security.
- Standard processing time is 2-5 months. Standard filing fees ($825) paid out of Reves Center.
- Expedited processing time is 15 business days. This costs an additional $1225 which must be paid by the department or employee.
- Once H1B is approved, Reves Center notifies the department, Human Resources, and employee.
From the department:
- H-1B Departmental Sponsor Form (pdf)
- 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:
- 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)
- Standard processing fees - $825 for an initial H-1B petition or $325 for an extension - are paid by William & Mary through the Reves Center.
- 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.
- Note: In most cases Premium Processing can be avoided. Reves Center can help assess whether it will be needed or not.
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).
Contact Steve Sechrist, [[sjsech]]