h-1b

Service Audience:
  • New Employee
  • Current Employee
  • Supervisor
  • Faculty

Hiring a Temporary Non-immigrant (H-1B)

For long-term employment (including tenure-track positions) in teaching and research, the H-1B visa status is most commonly used. H-1B status can be extended for up to six years and allows transition to permanent residency for qualified foreign nationals.

The H-1B process involves approval by several governmental agencies and significant processing times. Because the H-1B approval process can take many months, it is highly recommended that paperwork to initiate an H-1B petition be submitted six months in advance of the employment start date.

 

To initiate an H-1B application, the following form must be completed and submitted to International Employment Coordinator.
H-1B Request to Initiate Form 

You must also send the fully signed offer letter. Without this, we will not start the case.

 

The Employing Department is responsible for all fees associated with the H-1B petition. The expected fees which may be incurred for an H-1B petition are about $3,460. Please note that these fees are subject to change, and should outside legal counsel be necessary, the Employing Department will also be responsible for any legal fees associated with the petition. The expected fees include:

  • $460 filing fee for the H-1B petition itself, the I-129.
  • $500 fraud prevention and detection fee required for each new H-1B petition (not required for a petition extending H-1B status with the same employer)
  • Miscellaneous mailing fees- FedEx, UPS, certified mail, etc.
  • $2,500 potential premium processing fee- depending on the timing of the petition, it may be necessary to fast-track the petition with the premium processing option. It is strongly urged that the Department pursue premium processing of an H-1B petition if it has been filed regular processing, and the new foreign employee has not received his/her approval notice at three weeks prior to the requested employment start date.
  • Miscellaneous overseas consular processing fees- if the foreign national is abroad, the Department will need to pay an additional filing fee to the consulate.
  • Any costs associated with the filing of H-4 dependent petitions should be paid by the beneficiary; the University has no obligation for these fees.

If the employee is dismissed before the end of the authorized period of H-1B employment, the sponsoring department will be responsible for paying the reasonable costs of return transportation to the employee's home country. This is required by USCIS regulations, to ensure that the foreign national will not be stranded in the U.S. without being able to return to his/her home country.

 

The Employing Department is responsible for notifying the International Employment Coordinator if the H-1B beneficiary's job duties change, if the location of employment has changed, or if the H-1B beneficiary resigns/is terminated from his/her position. A change in job duties, job location, resignation, or termination of the H-1B beneficiary creates certain legal obligations on the part of the University to amend/revise/revoke documentation which was filed pertaining to the H-1B beneficiary's status.

 

Contact:

Austin Darnell
International Employment Coordinator
Phone: (817) 272-3464
austin.darnell@uta.edu
internationalemployment@uta.edu

UTA Procedure "Hiring Temporary Nonimmigrants" - Click HR-E-PR32