Office of International Student & Scholar Services

H-1B Overview and Process

H-1B OVERVIEW H-1B PROCESS Approval Documents 

H-1B Overview

H-1B Nonimmigrant Status

H-1B is a temporary nonimmigrant status that allows foreign nationals to work in the U.S. in a position that meets the requirements of a “specialty occupation." This means that the position must require highly specialized knowledge and skills in order to perform the job duties and must require at least a bachelor’s degree (or its equivalent). U.S. Citizenship and Immigration Services (USCIS) grants employment authorization that is specific to the employer, duties listed, and location. In order to sponsor an individual under the H-1B classification, a U.S. employer must pay the “required wage rate,” which is the greater of either the Actual Wage (wage paid to other employees in similar positions with similar qualifications and experience) or the Prevailing Wage which is an average for the occupation in the geographic area as determined by the Department of Labor (DOL). The employer must also attest to certain working conditions under U.S. Department of Labor Laws. Learn more at DOL's Prevailing Wages page.

Eligibility for H-1B Employment

1. Employment must be a Specialty Occupation.

The standard factors which USCIS typically uses to determine whether the petition merits an H-1B classification are the following:

• • "Bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the particular position
  • "The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, the job is so complex or unique that it can be performed only by an individual with a degree
  • "The employer normally requires a degree or its equivalent for the position
  • "The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor’s or higher degree."--(From USCIS H-1B Specialty Occupations)

2. Minimum Requirements

USCIS is concerned with the minimum requirements of the proposed position, not the background of the proposed employee. However, any proposed beneficiary must meet or exceed the proposed job duties and qualifications, and there must exist a logical nexus between the minimum requirements of the proposed position and qualifications of the proposed employee. The University of Toledo’s position description and requirements will be a deciding factor as to whether or not a proposed position qualifies as a specialty occupation.

3. Fees

The sponsoring College or Department is responsible for all filing and processing fees associated with the H-1B petition. The prospective employee is not responsible for and is not permitted to pay the fees associated with the petition.

H-1B Fee Chart

SERVICE	TOTAL FEES
New H-1B	$2,160
H-1B Extension and/or Amendment	$1,660
USCIS Premium Processing Fee (optional)*	$2,805

**Fees are subject to change.

---

H-1B Process

H-1B  Timeline*

---

 

 

*The above timeline is an approximation and is subject to change. The processing time of each case varies because of the complexity of the case.  

---

H-1B: a seven-step process (prepare 6 months in advance)

• The sponsoring College or Department is required to follow all internal procedures and policies promulgated by HR and UToledo as they relate to the recruitment and hiring of a prospective employee.
• Once this is completed, OISSS can discuss the H-1B application process. It is important to remember that USCIS processing alone may range from 2 to 4 months.
• USCIS processing time does not include OISSS processing time or the processing times for filing the Labor Condition Application (7-60 days). It is for the above reasons that we strongly encourage departments to begin H-1B requests no less than 6 months before the intended start date.

Timeframe

• This timeframe is applicable for either a new petition or an extension.
• Any H-1B request submitted to OISSS with a requested start date that is less than six months into the future may likely result in a delay in employment eligibility or the prospective employee needing to leave the U.S and/or be separated from employment.

Immigration Status of Employees

• The Sponsoring College or Department should be aware of their prospective employee’s current status and work authorization.
• Regardless of the employee’s visa status (H-1B, F-1, J-1, or other), as the H-1B is an employer-sponsored petition, the College or Department should familiarize themselves with their prospective employee’s ability to have lawful work authorization.

---

Step 1

Information Gathering: UToledo's Internal Documents 

The College or Department is responsible for gathering all the information requested in the Department and Employee Documents.  All documents must be completely filled out and emailed to Maryam.Sediqe@utoledo.edu and Anne.Bennett@utoledo.edu with the subject "H-1B, [Employee Name]." 

• Find the documents on our H-1B Forms page.
• Please attach each document individually to the email. 
• Electronic signatures are sufficient.

 

Step 2

OISSS Review and Analysis of Forms and Processing Fees (2 to 3 Weeks)

OISSS will perform an analysis and review of the information provided upon receipt of all application materials and required fees.

 

Step 3

Determining Required Wages (1 to 8 Weeks)

The Department of Labor (DOL) regulations require the University to pay a Beneficiary the Prevailing Wage or Actual Wage, whichever is the higher salary. Thus, the wage offered to the potential H-1B employee must meet or exceed the Prevailing Wage for the occupation in our geographic area of employment as established by the DOL.  For more information, please refer to Employment Based Immigration Handbook.

 

Step 4

Posting the Notice of Filing of an LCA (2 weeks)

• The Department is responsible for the posting requirements under the LCA.  The “Notice of Filing of a Labor Condition Application” must be posted for 10 consecutive business days (excluding weekends, holidays, or days the business is closed) in 2 conspicuous/unobstructed and obvious and different locations at each place of employment and/or building where the employee will work. 
• OISSS will provide the Posting Notice and initiated LCA to the Department to physically post.
• After 10 consecutive business days, the sponsoring department will sign the posted notice and mail it to OISSS. The location of each posting and the date the notice was posted and then removed must be indicated on the notice and signed by the person posting it.
• When the position involves a collective bargaining agreement, the LCA or notice should be provided to a collective bargaining representative. (OISSS will provide instructions to the sponsoring Department.)

 

Step 5

Department of Labor Certification (DOL) of LCA (1 Week)

Once OISSS verifies that the “Notice of Filing” was posted for 10 consecutive business days, OISSS will submit the LCA to the DOL for official certification of the LCA. (DOL estimated processing time is 7 calendar days.)

 

Step 6

Preparation of the H-1B Petition (3-4 Weeks)

Once the LCA is certified, OISSS will draft the final preparation for the I-129, Petition for a Nonimmigrant Worker, and supporting documentation, and submit the entire petition to USCIS for processing.

 

Step 7

USCIS Processes H-1B Petition/I-129 

The current processing time for H-1B petitions varies but can take several months. If the petition is premium processed, USCIS will process the petition within 15 calendar days of receipt. However, premium processing does not ensure approval or an adjudication within 15 days. A Request for Evidence (RFE) may enlarge the 15-day window, and an adjudication can ultimately result in an approval or denial.

---

H-1B APPROVAL DOCUMENTS AND OBTAINING H-1B STATUS (Employee Abroad vs. Employee in U.S. and Change of Status “COS”)

If USCIS approves an H-1B petition for UToledo, the I-797 Approval Notice will be mailed to OISSS. OISSS will contact the employee or department to arrange pick up/mailing of the original I-797 Notice of Approval. 

Individuals Currently Outside the United States

Individuals currently outside the U.S. must apply for the H-1B visa stamp at a U.S. Embassy or Consulate after they receive the I-797 Approval Notice from OISSS.   Please note that individuals with approved petitions may enter the U.S. no earlier than 10 days prior to the effective start date indicated on the I-797.  Upon entry to the U.S., individuals will receive an admission stamp near their H-1B visa stamp in their passport.  Individuals should retrieve their electronic I-94 Arrival/Departure record at the U.S. I-94 site.

• • Applying for H-1B visa stamp at a U.S. Embassy or Consulate: 

• • • Website of U.S. Embassies/Consulates
    • Information for DS-160: Online Nonimmigrant Visa Application
    • U.S. DS-160 Online Application  
    • U.S. Visa Appointment Wait Times 

 

Individuals currently in the U.S.

Individuals currently in the U.S. studying or working in another nonimmigrant status [F-1 (OPT), J-1] must wait until the Change of Status to H-1B is approved before they can begin working.  The employee must have also fulfilled or waived the INA 212(e) two-year home residency requirement (if applicable—relevant only for those who have worked/studied under the J-1 classification).  Individuals with an approved H-1B petition will receive an I-94 card attached to the bottom of the I-797 Approval Notice, which will indicate their new H-1B status.

H-1B employees: Maintaining H-1B Status

Sponsoring Departments Obligation And Compliance

---

For more information about H-1B status, go to UToledo's EMPLOYMENT BASED IMMIGRATION HANDBOOK.