In order for a position to be eligible for the H-1B category, the
answers to the following two questions must be yes:
Steps to Filing an H-1B Application
1. The department
completes the “H-1B Department Request Form” and
submits it to OISS with all of the required documents listed
on the form.
2. The prospective H-1B scholar completes the “H-1B
Beneficiary Request Form” and submits it to the department or
OISS along with all of the documents listed on the form.
3. OISS reviews
both completed forms and documentation and starts processing the H-1B.
4.
OISS prepares a posting notice and sends it to the department to post
for 10 business days in the department in a conspicuous
location
where other similarly-employed individuals will see it. Once
the department has posted the notice, the administration
contact person completes
the bottom portion of the coversheet that accompanied the
posting notice and sends it back to OISS. After the 10-business
day posting
period has
concluded, the administration contact signs and dates the
notice and sends it to OISS in campus mail.
5. Once the posting
notice has been posted in the department and the department sends
the coversheet to OISS, the application
and supporting
documents are filed with USCIS. Processing can then take
up to 4-6 months before the application is approved. If Premium
Processing
is used,
processing generally takes three weeks. This does not include OISS processing time.
6. Once the application
is approved, USCIS will mail an original H-1B approval notice to OISS. OISS will send it to the department to send to the
scholar via
Federal Express.
7. The international scholar MUST check-in
with OISS upon arrival at UNLV. The international scholar
will provide a
copy of their
new I-94
card, U.S. visa, and passport for him or herself and all
accompanying H-4 dependent family members.
8. Keep OISS
informed of any changes relating to the international scholar’s
employment. This includes any changes in job duties, salary,
work location, termination, etc.
Special Considerations for
the H-1B Petition
-
An H-1B application SHOULD BE filed at least 6 months
before the end of the current legal immigration status of the H-1B
applicant.
Filing with less than 6 months of legal status remaining may jeopardize
the international scholars continued stay and ability to be employed
in the US.
-
Family members MUST BE considered.
If the H-1B has a dependent that wishes H-4 status, he/she must complete
a Form I-539,
submit copies of immigration documents, and submit a fee to USCIS.
These
items should be submitted with the H-1B petition.
-
If
there is an audit at the University, either by the Department of
Labor or by the U.S. Citizenship & Immigration
Services, the documents in the immigration file of
an H-1B worker
MUST MATCH
EXACTLY with the
documents in the personnel file of the same worker.
Titles, salaries, and whether full-time or part-time
employed
must be the same in
both files. If discrepancies are found during an
immigration audit, it can
mean heavy fines and penalties for the University
(in the same way that a tax audit can result in fines
and
penalties).
Therefore,
it
is important that accurate information is reported
to the OISS at the time of employing an H-1B and that
OISS
is kept
informed of
any changes
in the employment status of an H-1B worker, particularly
title salary, job description, and whether employed
full or part-time.
