H-1B Overview
The H-1B non-immigrant classification is for the employment of foreign workers in “specialty occupation” in the United States. The Immigration and Nationality Act (INA) statue defines “specialty occupation” for H-1B purposes as “an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.”
The H-1B Specialty Occupation worker may be admitted for a period of up to three years. The status can be extended but generally cannot go beyond a total of six years, though some exceptions do apply.
To be eligible for sponsorship for H-1B status at James Madison University, a position must meet the following criteria:
- It is a specialty occupation requiring the minimum of a bachelor’s degree or equivalent in the relevant field of study.
- It is a full-time, salaried position.
- The salary must meet Department of Labor wage requirements.
The H-1B Process
After ISSS determines that the position qualifies for the H-1B specialty occupation and the employee meets the requirements, ISSS will process the H-1B status.
The process includes:
- The filing of the Labor Condition Application (LCA) with US Department of Labor indicates that JMU will pay no less than the prevailing wage for the position and post a Notice of Intent to file for 10 business days.
- A copy of the certified LCA will be provided to the employee and filed with the H-1B petition.
- ISSS will collect the necessary documents for filing the H-1B petition with USCIS.
- ISSS will file the H-1B petition, with associated filing fees.
- USCIS adjudicates H-1B petitions, normally within 4-6 months.
- The approval notice will be sent to ISSS
- For employees outside the US, the sponsoring department will send the approval notice to the employee, who can apply for the H-1B visa at the US Embassy in their home country.
- For employees inside the US, the approval notice will be provided to the employee.
*An approval is not guaranteed, as the decision is solely at the discretion of USCIS.
Additional information:
- If employee is seeking to change of status to H-1B, who must wait for the H-1B petition to be approved before starting employment under the H-1B status.
- If an employee already has H-1B status and is changing employers (to JMU), who may begin employment with JMU once the H-1B petition has been filed and the case is considered pending. They may continue with employment at JMU for up to 240 days. The 240-day rule also applies to JMU employees who file a timely extension of stay on their current H-1B status.
- All international employees who received a degree outside of the US, are required to obtain a credential evaluation.
Travel
- Travel outside the US is at the discretion of the employee. Be advised that entry into the US, requires a valid passport and H-1B visa (unless a Canadian citizen, see below). Our recommendation is to schedule your visa interview before leaving the US.
- Canadian citizens do not need a visa to enter the U.S. Therefore, a Canadian employee will travel to the U.S with the approval and petition packet.
JMU Policies
- The employer is required to cover the costs for filing the H-1B petition. CGE-ISSS is currently covering the application fee ($460) and antifraud fee ($500).
- Premium Processing provides expedited processing for the H-1B petition (optional). When requesting this service, USCIS will “process” the petition within 15 calendar days. The cost for premium processing is $2,805, which is at the expense of the department.
- All dependent forms and expenses are the responsibility of the employee.
- Policy 1326 – Immigration Reform and Control Act
Further questions?
If you have any further questions about the H-1B process, please contact Sherry Lu.
MSC 5731
100 East Grace Street
Room 2nd Floor
Harrisonburg, Virginia 22807
