H-1B Application Process
ISSS requires up to 45 days to process an H-1B petition from the day we receive a complete H-1B Application. Submit a complete application 6 months (but no more than 6 months) prior to the H-1B Requested Start Date if you hope to avoid the $2500 Premium Processing Fee.
- Department begins H-1B application in Destiny One (D1).
- Department requests necessary checks from Accounts Payable
- H-1B applicant completes Applicant sections of the application and uploads required documents
- Department adds required information and uploads required documents (this can be done while the Applicant is working on their section)
- Department emails copy of the Controlled Technology Form to ISSS
- ISSS sends Controlled Technology Form to the Office of the Vice President for Research (OVPR)
- Appointment/Offer Letter must be uploaded into D1 by Post Doc Office or Department, depending upon job title – HR must send ISSS a copy of the Offer Letter along with an Actual Wage Form and Job Description used when posting the position for HR-hired positions
- Department submits a completed H-1B applicant's record to ISSS
- ISSS begins LCA posting notice process. Dept of Labor (DOL) requires a minimum of 7 days to certify the LCA
- Once ISSS has a complete application, we begin preparing the H-1B Petition for USCIS
- H-1B Petition is submitted to USCIS via UPS. With Premium Processing, USCIS should respond within 15 days. Without Premium Processing, we expect a Receipt Notice within a month and an Approval Notice in 4-6 months.
- Department, HR and H-1B applicant will be notified via email when ISSS receives the Receipt Notice and Approval Notice from USCIS
"Occasionally, the foreign residence requirement is not correctly annotated on the Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019) or on the visa foil or both. The absence or inclusion of such a notation on a DS-2019 or visa foil that the exchange visitor is subject to the requirement is not conclusive. (USCIS) Officers must look to the Exchange Visitor Skills List, funding, or other reasons that may make a J-1 exchange visitor subject to the requirement when making a determination as to whether the J-1 exchange visitor is eligible for change of status to certain classifications, or adjustment of status." USCIS Policy Manual
All H-1B Applicants who have ever held J status are required to include specific documents that demonstrate one of the following:
1) You were not subject (include a free Advisory Opinion from the US Dept of State indicating Not Subject)
2) Waiver of the Two Year Home Residency Requirement (include a Dept of State Waiver Recommendation and a Form I-612 Waiver Approval from USCIS)
3) Fulfillment of the Two-Year Home Residency Requirement by residing in your country of nationality for an aggregate of at least two years (Provide Immigration Documentation, Employment/School Enrollment Verification Letters, Tax Documents, Mortgage/Lease Agreements, etc)
Do not upload a copy of a DS-2019 Form or J Visa Stamp indicating that you are not subject as proof that you you are not subject as those documents are only preliminary observations.
If you cannot provide one or more of the documents indicated in this application, reach out to firstname.lastname@example.org before moving forward with this application.
Visit USCIS' website for Case Processing Times.
You need to click on I-129 – Petition for a Nonimmigrant Worker under “Form” and California Service Center under “Field Office or Service Center”.
Remember that employees filing an H-1B extension can work for up to 240 days past their current H-1B Approval Notice end date if USCIS receives our Extension petition prior to their current end date. Employees for whom we have filed an H-1B Transfer petition can begin working as of the start date listed on the H-1B petition as long as we have received a Receipt Notice from USCIS.
When Temple University files an I-129 petition for new H-1B Employment, we may request either a change of status or consular processing. A change of status is appropriate for individuals who are currently in the United States. Consular processing is used for those who are overseas or those who will be traveling overseas while the application is pending. Travel outside the US while a change of status is pending will abandon that change of status. All H-1B applicants must discuss any travel plans with the hiring department and ISSS. ISSS will then work with the H-1B Applicant and the Hiring Department to determine whether a change of status or consular processing is best.
When USCIS approves the I-129 petition, the Service Center sends an I-797 Approval Notice to ISSS. If a change of status was requested, a new I-94 will be attached to the approval and will serve as evidence of employment eligibility. If consular processing was chosen, USCIS sends the original approval notice to ISSS and notifies the U.S. Consulate indicated on the I-129 petition. The individual must apply for an H-1B visa at the US Consulate.
J-1 Exchange Visitors in the Research Scholar or Professor Category may hold J Status for a maximum of 5 years. Exchange Visitors that are subject to the Two Year Home Residency Requirement may not change status in the US nor apply for H-1B visa stamp from a US Consulate until they fulfill or waive the requirement.