International Employee & Scholar Counsel and Support

The H-1B Process for Departments

As the office designated to handle visa issues for the University, International Programs works with KU department representatives to prepare the H-1B petition. Department representatives should download the required forms or contact the International Employee and Scholar Advisor, lharris1@ku.edu, for a H-1B kit. The departmental representative will need to gather the required paper documents to submit to IP. IP coordinates all documentation and correspondence with the appropriate government agencies. Should H-1B be approved, USCIS sends the H-1B Notice of Approval directly to IP. IP in turn provides the appropriate Notice of Approval and documents to the department and nonimmigrant employee.

U.S. Government Parties Involved in H-1B Process.

1. The U.S. Department of Labor must review a Labor Condition Application (LCA), to determine that the wage requirement is satisfied. IP submits the LCA online to the Department of Labor for approval.


2. Form I-129 Petition for a Nonimmigrant Worker and approved LCA must be reviewed by U. S. Citizenship Immigration Service (USCIS). IP will submit the I-129 Petition, H-1B Supplement form, LCA, and supporting documentation to USCIS for adjudication.

Processing Time

Please allow at least 3 to 4 months for the entire process, depending on the nature of the case, USDOL compliance requirements, and USCIS processing times. Contact IP directly for current processing times.

If the $1000 Premium Processing fee is applied to the case, the total processing time ranges from 1 to 3 months. We encourage departments to apply early to avoid a postponement of the start of H-1B employment or the need to pay the $1000 Premium Processing fee to get the H-1B approval by the desired start date. In addition, USCIS processing times change without notice, so the estimated processing time when you submit the application can slow down a month or more while waiting for the case to be processed.

H-1B Application Fees

USCIS fees, separate checks made payable to "Department of Homeland Security." The employer is prohibited from passing the cost of these fees on to the beneficiary:

• $320: Standard filing fee
• $500: Antifraud fee (new and transfer applications only; not required for extensions)
• $1000: Optional Premium Processing* (15-day processing)
• NOTE: H-4 dependent applications (Form I-539) require a $300 USCIS filing fee (all dependents can be included on one I-539 with one $300 fee), which can be paid by the employee or the Department.

*Premium Processing is an expedited service that is available from the U.S. Citizenship and Immigration Services (USCIS) for H-1B petitions. The USCIS charges a $1,000 fee in exchange for 15-calendar day processing. USCIS guarantees that within 15 days they will issue either a Notice of Approval or a request for evidence. If the USCIS fails to process the petition within 15 days, it will refund the $1,000. Premium Processing may be requested simultaneously with the H-1B application or at a later date, if necessary.

Links for Departments

• Download - Complete H-1B Kit (PDF)
• Download - Department Checklist (PDF)
• Steps to Obtaining H-1B
• Forms and Documents for H-1B Petition
• Request to Extend H-1B Status at KU
• Travel Outside the U.S.
• On-going Employer Obligations

Additional Links

• H-1B Process for Employees
  
• International Employee & Scholar Counsel and Support Home Page

Questions regarding H1-B
Contact Linda Harris, International Employee and Scholar Advisor, International Programs