How to start the H-1B process
The first step in obtaining, transferring, extending or amending your H-1B status is completed by your department, hiring unit, or campus.
Please be aware that there is no such thing as a “shorter” or “easier” petition for an H-1B transfer, extension or amendment. All petitions require full documentation and processing times to prepare an application applies to any H-1B petition.
Generally, IFSS processes petitions in order (i.e. first in, first review). Upon first review, though, if an application needs more attention, it may get routed differently.
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Obtaining H-1B status
Step 1: Your department, hiring unit, or campus will submit a New Sponsorship Request in Terra Dotta, also known as the TDS Scholar Portal. You may be asked to fill out a short intake form for before they can complete this step. Once it is submitted to IFSS, we will confirm H-1B status is appropriate for the type of position offered to you and follows the University’s best practices.
IFSS will approve H-1B New Sponsorship Requests no earlier than 7 months prior to the requested H-1B start date to ensure we have the most up-to-date information at the time the H-1B application is prepared.
Step 2: Once the New Sponsorship Request is approved, IFSS will create an H-1B card in TDS that you must complete. Instructions will be provided on what to do and what to upload. IFSS will invite you to the TDS Scholar Portal at that time via email.
- TDS emails sometimes get filtered into junk/spam (especially Gmail accounts). The subject line for TDS emails will contain “[Caution: External]”. Those emails are safe to open and links are safe to click.
Step 3: After you and your department, hiring unit, or campus have completed your card in TDS, an IFSS advisor will review and process the H-1B request.
- IFSS processing times vary. For example, January – June are busy months for H-1B processing so expect longer IFSS processing times. While options for premium processing exist on the H-1B applications, that does not speed up IFSS processing. Premium processing only speeds up USCIS processing.
- Generally, we ask for 5-6 months notice on H-1B applications.
Transferring H-1B status (known as "Portability")
Transferring your H-1B status to another employer is known as “Portability”. It is intended to preserve the legal status of an H-1B worker who is already in the U.S. at another employer. Portability allows the employed H-1B worker to enter into employment with a new employer provided that the new employer has filed a timely and nonfrivolous H-1B application with USCIS before your current period of authorized stay expires.
The benefit of H-1B portability is that you can start working at your new UW employer on your start date when the IFSS office receives the H-1B receipt notice (the I-797C), even if USCIS hasn’t approved the case yet. Additionally, it can save the University the premium processing filing fee. The UW will only premium process portability cases where there is a demonstrated business need (for example, required international travel for conferences or meetings, etc.).
The process for an H-1B portability petition is identical to a new H-1B petition. See Obtaining H-1B status above.
Extending H-1B status
The TDS system will remind you and your hiring unit when your H-1B expiration dates expires in 180 days. Like a new or transfer H-1B, your hiring unit must initiate the H-1B extension process if they are extending your employment. The TDS system will continue to remind you and your hiring unit that your H-1B will expire in 120 days, 90 days and 60 days if an H-1B extension request has not been initiated yet.
The earliest an H-1B application can be submitted to the USCIS is six (6) months prior to the start date on the H-1B petition.
When the H-1B extension is initiated, IFSS will review and approve the request first. Then, an advisor will email you and your hiring unit further instructions and next steps. For you, the process will be the same as any other H-1B. You’ll update the same information and upload similar documentation. Some documents, like degree certificates or credential evaluations, we can re-use and IFSS will carry those over into your new H-1B extension request. However, some documents need to be updated and re-uploaded by you each time. For example, CV, I-94, visa stamp, paystubs, and maybe even your passport (since we don’t know if you have gotten a new passport since the last petition).
Once you are done with your portion, please wait for IFSS to reach out with an update. It will take several weeks for IFSS to do their portion of the process before an update can be provided, so thank you for your patience in advance.
Your H-1B extension doesn’t need to be approved by your current expiration date in order to remain in the U.S. and keep working for the UW. H-1B workers are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first. IFSS will document the “240 rule” on your H-1B receipt notice (I-797C) and you can use that document to reverify your I-9 and renew your Wisconsin driver’s license.
The UW will only premium process H-1B extension cases where there is a demonstrated business need (for example, required international travel for conferences or meetings, etc.).
Amending H-1B status
Like other H-1B requests, amendment requests must be initiated by your hiring unit. If it is determined that an amendment must be filed, an IFSS advisor will email you and your hiring unit further instructions and next steps when the amendment card is created in TDS.
For you, the process will be the same as any other H-1B. You’ll update the same information and upload similar documentation. Some documents, like degree certificates or credential evaluations, we can re-use and IFSS will carry those over into your new H-1B extension request. However, some documents need to be updated and re-uploaded by you each time. For example, CV, I-94, visa stamp, paystubs, and maybe even your passport (since we don’t know if you have gotten a new passport since the last petition).
Once you are done with your portion, please wait for IFSS to reach out with an update. It will take several weeks for IFSS to do their portion of the process before an update can be provided, so thank you for your patience in advance.
Required Documents
You are responsible for uploading your documents into the TDS Scholar Portal after you’ve been invited to login. Do not email these to your department or IFSS to upload for you since they may contain sensitive information.
Only upload documents on the H-1B Employee Checklist
- If you are a physician or clinical fellow, please also upload these additional documents
TIPS:
- Upload PDFs only. Other document formats have caused sizing, legibility, and other similar issues
- DO NOT upload documents that are encrypted or password protected (ex: paystubs, degree certificates, transcripts)
- Documents not in English must be translated into English
- More tips are provided in TDS on the Documents tab!
U.S. Department of State Visa Fees
What is a visa?
A visa, or visa stamp, is a physical stamp or sticker in your passport that is issued by a U.S. embassy or consulate outside of the U.S. It indicates that you are eligible to apply for entry to the U.S. in a specific immigration category such as H-1B, J-1 or F-1. Please note that citizens of Canada and Bermuda are not required to have a U.S. visa, but are required to have all other documentation.
See the U.S. Bureau of Consular Affairs website for more information about different U.S. visas.
What If My Visa Expires While I Am in the U.S.?
A visa in your passport issued by from a U.S. consulate does not determine how long you can remain in the United States; it is only an entry document. Therefore, you may stay in the U. S. beyond the expiration date of a visa as long as you are maintaining your H-1B status and the immigration document (I-797A or I-797B) remains valid.
For most international travel, the immigration document, passport and visa must be valid and unexpired. If your visa is expired it will be necessary to apply for a new visa, through the same process as your initial visa application, at a U.S. embassy or consulate outside the U.S.
What are the fees to get a visa stamp if I need one?
Visa fees are separate fees from the H-1B application fees. While the UW pays the H-1B application fees, it is the employee’s responsibility to pay for any visa fees and should not be reimbursed. For more information about visa fees, visit the U.S. Department of State’s website regarding Fees for Visa Services.
USCIS Premium Processing Fee
$2,805 (effective Feb. 26. 2024)
- Guarantees USCIS will take action on the case in 15 calendar days after receipt of the petition. An “action” can be an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial.
- This fee is in addition to the $460 filing fee paid by the UW.
- Consult IFSS if this fee is needed.
- Does not expedite the UW preparation of the petition. This only applies to the USCIS processing.
If your hiring department elects to request premium processing to obtain more timely employment authorization on your behalf, the hiring department will be responsible for payment of this fee. If you, the H-1B worker, elect to use premium processing to facilitate your personal travel outside the U.S. or for other personal reasons not connected with the dates of employment authorization, you can pay the premium processing fee. In ambiguous cases where it may not be immediately obvious whether payment of the fee is a business expense, IFSS will review the reasons for the request and make a final determination on whether the employee can be allowed to pay the fee.
As a standard practice, the UW does not request premium processing on H-1B extensions or portability cases, unless there is a clear and documented business need. It is possible to upgrade a case to premium processing after it has been submitted to USCIS.