H-1B Information

  • The H-1B visa is a temporary work authorization designed for employment in specialty occupations - positions that require at least a bachelor’s degree in a specific field and the theoretical and practical application of specialized knowledge to perform the job duties.
  • This visa is employer, position, and location-specific, meaning that the sponsoring employer must submit required applications to both the U.S. Department of Labor (DoL) and U.S. Citizenship and Immigration Services (USCIS) on behalf of the employee. The H-1B status allows an individual to work in the United States for up to six years. 
  • Because the H-1B process can take six months or longer to complete, it is important to allow sufficient time for processing. There are fees associated with the application process and salary requirements that must be met. Approval of H-1Bs are on a case-by-case basis and dependent on many factors. 

 

 

Process & Timeline

Step 1: Department Informs HR of Sponsorship

The department informs Recruiting (recruit@uwyo.edu) their top candidate requires H-1B sponsorship. Recruiting passes the request to the Talent Acquisition Manager or Liaison.

**Note: Below is a sample timeline. All cases are reviewed and adjudicated on a case-by-case basis.

Step 2: Review of Position/Candidate (Estimated 1-5 days)

Talent Acquisition Manager or Liaison provides the submitted information to outside counsel and may reach out to the department with questions. Talent Acquisition Manager or Liaison will confirm with outside counsel that sponsorship is appropriate in this case.

Step 3: Prevailing Wage Determination (Estimated 1-5 days)

Talent Acquisition Manager or Liaison will confirm representation, if appropriate (current legal fee may range from $2,500 - $3,500). Outside counsel will then obtain the prevailing wage for the position based on the position details and candidate-specific information.

Step 4: Collection of Documents (Estimated 1-2 weeks)

Outside counsel will work closely with the candidate, the Talent Acquisition Manager or Liaison, and the hiring department to collect all documentation and details necessary to proceed.

Step 5: Labor Conditions Application Filed (Estimated 1 week)

Once all required documentation is received, outside counsel will file a Labor Conditions Application with the Department of Labor for review and certification prior to filing the H-1B petition (Form I-129) with USCIS.

Step 6: H-1B Petition (Estimated 1-3 weeks)

Outside counsel prepares the Form I-129 (current fee $460 + $500 anti-fraud fee) along with supporting documents, and remits the completed Form I-129 and all fees to USCIS for processing.

Step 7: USCIS Processing (Estimated 15 business days to 6-8 months)

The processing time for H-1B petitions varies, but it typically ranges from 6 to 8 months. Under “Premium Processing,” USCIS will adjudicate the petition within 15 business days (current Premium Processing fee $2,965).

Step 8: ESCIS Response (Estimated 1-2 weeks)

USCIS's response (approval, denial, Request for Evidence (RFE), or Notice of Intent to Deny (NOID)) is sent to outside counsel. They will notify the candidate and Talent Acquisition Manager or Liaison.

 

Petitioner Received (one of the following):

Approval - Please see ѿTV Green Card Process flowchart for next steps, timelines and associated fees.

Denial - If the department is in support, denials can be appealed by submitting Form I-290B, Notice of Appeal or Motion (current filing fee $800 + legal fee). Alternatively, Form I-290B can be used to submit a motion to reopen or reconsider. TIMELINE: Form I-290B must be submitted within 30 days of the date of the denial from USCIS. *Legal fees for appeals are quoted on a case-by-case basis.

Request for Evidence - A Request for Evidence (RFE), Form I-797E, provides an opportunity to submit more evidence. TIMELINE TO RESPOND: Response time for an RFE can vary from 30, 60 and 84 days; regulations prohibit officers from granting additional time to respond to an RFE. *Legal fee $0 - $2,500.

Notice of Intent to Deny - Notice of Intent to Deny (NOID) provides an opportunity to review and respond to information. TIMELINE TO RESPOND: The typical response time allowed for a NOID is 30 days. *Legal fee $0 - $2,500.

 

Note: The above is a sample timeline, and all cases are reviewed and adjudicated on a case-by-case basis.  Additional time may be required for cases involving international employees currently abroad (consular processing) or those traveling abroad for a new visa, including visa appointments, interviews, and administrative processing. For consular processing cases, the original approval notice is sent directly to the international employee from University of Wyoming Human Resources after we have received it. Work authorization sponsorship that may be available for jobs at the University of Wyoming are conditioned on the non-applicability of the fees implemented in 90 FR 46027 to the visa petition.


associated fees

These fees are paid for by the hiring department:

  • $460 petition fee
  • $500 anti-fraud fee
  • $2,965 premium processing fee if there is a need to expedite - this fee may be paid by either the department or the employee where appropriate
  • Please be aware attorney fees are unique to the petition type and situation and may range between $2500-3500.

 

recommended documents to take on international travel

 

While travel is a personal choice, if, as a visa-holder, you decide to travel, we would recommend you ensure you have the following during your travels:

    1. Your offer letter and any reappointment letters
    2. 2-3 most recent payslips
    3. A copy of your H-1B petition and Labor Conditions Application
    4. Your H-1B approval notice
    5. A letter of support from your department that indicates the purpose of the travel, the duration, location, and expected trip itinerary along with expected return and the impact of a non-return on the business.

As your potential travel approaches, we would ask that you maintain close communication with Human Resources, your supervisor, and your department, so we can provide any new details or updates to any recommendations that may come up.

More questions?

H-1B sponsorship details are subject to change, so on the most up-to-date details and answers to your questions, you can check out the Current Immigration Topics and Issues page, which is linked as the yellow FAQ button below. On that page, you will find answers to common questions and information specific to ѿTV. You can also view our Standard Administrative Policy and Procedure regarding Hiring International Employees, Scholars, and Students—Visas and Statuses (UW SAP 5-5.5), which is linked within the brown button below. 

FAQs

UW SAP 5-5.5

 

You may also reach out to the Talent Acquisition Manager directly for all questions you may have regarding H-1B sponsorship:

Deborah Marutzky - Manager, Talent Acquisition - 307-766-5612 -