H-1B Sponsorship
H-1B is an employer-sponsored status designated for individuals coming temporarily to the US to work in a specialty occupation.
H-1B EligibilityTo be eligible for sponsorship for H-1B status at the university, a position must meet the following criteria:
The following types of positions are most commonly used for H-1B status:
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Responsibility for Filing H-1BsThe Office of International Students, Scholars & Programs (ISSP) retains sole authority for advising on, determining eligibility for, and filing H-1B petitions for positions at W&M and VIMS. While outside attorneys may be consulted for counsel, they are not authorized to file petitions for H-1B status on behalf of the institution. Emily Bailey oversees the H-1B program for the university. |
H-1B Sponsorship ProcessThe H-1B sponsorship is always initiated by the hiring department. The sponsorship process for a new hire or the extension of an existing H-1B for a current employee, is done through the online system iStart. For detailed instructions to submit a H-1B request for a new hire or for initial access if you have not used iStart before, see H-1B Request iStart instructions (pdf). For detailed instructions to submit a H-1B request for current W&M or VIMS employee or for initial access if you have not used iStart before, see H-1B Request iStart current employee instructions (pdf). Step 1: Department initiates process through iStart.
Step 2: Employee completes forms
Step 3: Department of Labor: Two copies of a Notice of Intent to File will be sent to the department for posting for 10 business days. ISSP secures a prevailing wage determination and files the LCA (Labor Condition Application). Step 4: USCIS (Immigration): Once LCA is approved, ISSP compiles and submits the H-1B petition to USCIS Step 5: Once the H-1B is approved, ISSP notifies the department and employee. If the employee is abroad, they will need to apply for an H-1B visa at a US embassy or consulate. |
Fees (US government filing fees)
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Processing timeline (from time ISSP receives all forms and documents)
Note: Depending on the new employee's current immigration status, they may be able to begin employment even before the H-1B petition is approved:
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Payroll Tax AnalysisWe encourage new international employees to contact Payroll to determine whether or not a Tax Analysis is needed. |
Questions?Contact [[ehbailey, Emily Bailey]] |