H-1B Employment Status

WHAT IS H-1B STATUS?

The H-1B is a non-immigrant status that is employment based. It is designated for individuals coming temporarily to the United States to work in a specialty occupation. A specialty occupation is defined as one that requires “theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree, or its equivalent, as a minimum requirement.” The hiring department must provide documentation to prove that the job requires someone with special qualifications and that the foreign national meets those qualifications.

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HOW LONG CAN I HOLD H-1B STATUS?

You can hold H-1B status for a total maximum of 6 years, with some exceptions. This limit includes time in H-1B status from any employer, not only your H-1B time at UW-Madison. The University can petition for H-1B status for you for up to 3 years at a time, however, your department may choose to petition for less than 3 years at a time.

  • Because of the 6 year limit, you must plan accordingly. It is only possible to begin another 6 years in H-1B status after you have been outside the U.S. for one full calendar year.
  • There are a few exceptions to the 6 year maximum. If you are eligible for one of those exceptions, IFSS will work with your sponsoring department to extend your H-1B beyond the 6 years.

WHO IS ELIGIBLE?

Foreign nationals from any country can hold H-1B status.

The United States Citizenship and Immigration Services (USCIS) makes the final decision on whether you qualify for the H-1B classification. The H-1B status is employer specific, which means that a USCIS approved petition submitted by UW-Madison authorizes you to work only in the position specified in the petition and only at Madison. Employment outside the scope of that petition, even at another department at UW-Madison, may require additional authorization from USCIS. You cannot accept honorarium or any other payments from any other employer if you are a UW-Madison H-1B. If you have an H-1B approval from another employer, you are not automatically eligible to work at UW-Madison. You may work for more than one employer at the same time, but each employer must file a separate H-1B petition for you.

WHO IS NOT ELIGIBLE?

The H-1B is not appropriate for visitors, unpaid positions, degree-seeking students, or training positions.

Individuals receiving fellowship income are not subject to income and FICA tax withholding as they are being provided funding to aid in the pursuit of study or research. Since this is not considered remuneration for services being provided to the University, they are not eligible for H-1B status.

Positions at UW-Madison that do not require, at minimum, a bachelor’s degree in a particular field are also not eligible for the H-1B status. Therefore, most University Staff positions do not qualify for H-1B sponsorship.

DEPENDENTS

Spouses and unmarried children under the age of 21 of H-1B employees are considered dependents and are eligible for H-4 status. H-4 dependents are only eligible to stay in the U.S. while their H-1B spouse or parent is in the U.S.

Most H-4 dependents are not permitted to work in the United States and are not eligible to obtain Social Security numbers. Certain H-4s can work if their H-1B is far enough along in the permanent residency process. H-4 dependents may apply to change their non-immigrant status to H-1B if they find an employer who is willing to file a petition on their behalf.

H-4 dependents may study in the United States, full-time or part-time, for the duration of the H-1B’s period of stay.

GRACE PERIOD

H-1Bs may enter the U.S. up to ten days before the start date of employment, and may remain in the U.S. for up to ten days after the end of employment, if their current I-94 grants an additional 10 days.

You cannot work or “volunteer” to work during the grace period.

HOW DO I REQUEST H-1B STATUS?

The sponsoring UW Department initiates the request to sponsor an H-1B, once it is determined whether or not the position is eligible for sponsorship and that the foreign national meets all eligibility requirements for the position and status.

Administrative Toolkit

Most hiring units have a designated individual who serves as that unit’s liaison or “immigration contact person” with IFSS. This contact person is called the “Department Admin” in Terra Dotta, the UW’s immigration software. The Department Admin’s role is to maintain information relating to immigration matters, contact IFSS for information as needed, and initiate H-1B petitions, including extensions, transfers and amendments. Additionally, the Department Admin consults with IFSS regarding future employment changes, worksite location changes, and directly submits required documents in Terra Dotta.

It is most often the Department Admin who consults IFSS when an international individual requiring sponsorship is being considered for a position. Although we will discuss procedures and options with faculty members, supervisors, and other UW personnel, H-1B petitions can only be initiated by the contact person with permission of the hiring unit’s hiring authority.

Any hiring unit dealing with visa or immigration issues must have a designated Department Admin. The Department Admin will be added to the IFSS email list and will receive important updates and other notices relating to immigration issues.

Please notify IFSS when a new Department Admin is designated for a hiring unit, as well as when a Department Admin leaves the unit. An interim Department Admin must be designated by your hiring unit until a permanent replacement is found to ensure continuity of immigration services for the employee.

Due to the sensitive nature of the data, information and documents, all Department Admin are required to already have HRS access as part of their existing position. Yearly audits will be conducted by IFSS to remove Department Admin who are not regularly using the software.

RECRUITMENT CONSIDERATIONS

Hiring units can choose to sponsor H-1B status for an international individual regardless of the way the position was filled – whether through an open recruitment, an internal recruitment, or through a waiver. The critical element of this phase of the hiring process is to craft a detailed position description that accurately reflects the minimum requirement(s) for the job, regardless of how the position is filled or who fills it. The minimum job requirements that must be included are: type of degree, degree field(s) of study required, job experience required, training required, special skills required, license and/or certification required, etc.

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WAIVERS

We understand the purpose of a waiver is to “waive” the recruitment for a particular person for a specific reason (sole source, spouse of UW employee, etc.). However, when crafting the waiver and/or detailed position description, it’s very important to “take the person” out of the waiver. Creating the waiver to include the specific qualifications of the person you’re hiring, skews the minimum job requirements and can have a negative impact on the H-1B petition we file (for example, it may result in a higher prevailing wage requirement). Therefore, it’s highly recommended that when creating a waiver, you list the minimum requirements of the job as if you didn’t know who was filling the position.

MINIMUM DEGREE REQUIREMENTS

The H-1B was created for temporary workers who work in “specialty occupations”. According to the regulations, a specialty occupation means an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation. H-1B status has a wage requirement (known as the prevailing wage) and the wage requirement is solely based on the minimum job requirements.

Therefore, when creating a position description, hiring units must carefully consider whether or not the position requires an applicant to have a degree. But they must also consider what field(s) of study the degree must be in. It’s ok to list more than one field of study, but they must be closely related and must clearly relate to the duties of the position.

It’s crucial to only list the minimum degree requirement, not a list of any of the degrees that are acceptable. NOTE: if you are considering sponsoring permanent residency for a teaching position, please take note that preferences are considered “implicit requirements” on that application. Therefore, please take caution before putting preferences in your job postings.

Hiring units can research degree requirements for jobs (and what is considered the standard for “minimum entry into the occupation”) by using these resources:
Occupational Outlook Handbook (a U.S. Department of Labor resource)
O*Net OnLine (a U.S. Department of Labor resource)
● Other resources from the appropriate professional organization that represents the job
field

These are the same resources that USCIS will reference when reviewing an H-1B application to determine if a job is truly a specialty occupation.

MINIMUM EXPERIENCE/TRAINING REQUIREMENTS

For the H-1B application, it is also necessary for the job posting to include any minimum experience requirements or training requirements. Furthermore, it’s also important to quantify how much experience is minimally required.

For example:
● If your scientist position requires 5 years of postdoctoral training, use “training” instead of “experience”. It may be mistaken for employment experience if you do not clarify and could bump up the prevailing wage requirement as a result.
● If your researcher position requires lab management experience, be sure to specify how many years of experience. 1 year of experience is very different from 10 years of experience. It’s important to quantify experience requirements to ensure that the prevailing wage determination is accurate for the minimum amount of experience you require.

LICENSES, CERTIFICATIONS, OR SPECIAL SKILLS REQUIRED

If the position requires a medical license, any professional certifications, or special skills, you must indicate those as well. Be specific – which state must the license be in? What certifications? Is the special skill normal to the job or above and beyond what is normally required for the job? 

Special skills are not things like transferable skills (ability to get along with others or work in a group setting), but are instead skills above and beyond what is standard for the job. For example, you require candidates to be able to speak a second language. Be sure to list what language and level of proficiency you require. 

Again, consider: is it required for the applicant to be successful in the job? If not, then there isn’t a need to list it.

DUTIES AND JOB RESPONSIBILITIES

Due to the TTC project, many position descriptions are now standardized. While that is okay from an HR perspective, when sponsoring an H-1B petition, USCIS requires that we provide a detailed position description. Therefore, past practice of submitting the PVL or PVL waiver in the H-1B petition will no longer suffice if the duties are vague and generalized. It must be specific and include detailed responsibilities. If allowed, it is ideal to include those details in the PVL or PVL waiver itself. However, if detailed customization of PVLs is not allowed, IFSS highly recommends that if you anticipate considering international candidates for a position, you also create a detailed position description to complement the PVL or PVL waiver. 

HINT: after reading the duties, you still don’t know what type of research this person is doing or what kind of courses this person is teaching, etc., that is a clue to get a detailed PD form. Do not assume based on the job summary or the department area. Remember, USCIS adjudicators are not necessarily experts in that specific field. Being too technical or too vague will both result in Request For Evidence (RFE) because they won’t know what the job is doing. Use plain language.

DO I HAVE TO SPONSOR AN H-1B?

An employer is not required to offer immigration sponsorship for anyone, regardless of whether the position qualifies for sponsorship or not. Of course, the flip side of that is, you may not get the best candidate for the job if you don’t. 

  • If you do not wish to offer immigration sponsorship, or know the position you are recruiting for does not qualify for any sponsorship options offered by the UW, please consult with the Office of Human Resources Talent Acquisition regarding options. 
  • If an applicant discloses that they require immigration sponsorship, yet you are unable or unwilling to, you must follow appropriate steps to let all applicants know sponsorship is not available. Please consult with the Office of Human Resources Talent Acquisition team for suggestions and recommended approaches. 

ALERT: teaching positions that do not conduct a national recruitment to test the national labor market, as per US Department of Labor regulations, are not eligible for EB-2 Special Handling permanent residency applications sponsored by the employer. Please consult IFSS for other permanent residency options or SEE PR TOOLKIT.

ADDITIONAL RECRUITMENT RESOURCES

PROCESSING TIMES

Due to the heavy demand for immigration documents, please allow as much time as possible for H-1B processing by the IFSS office. If the individual will be coming from abroad, remember that the individual may need time to obtain an entry visa stamp at a U.S. consulate or embassy before entering the U.S. In some countries this is a one-day process. In other countries it can take several weeks or months. Even changes of status processed inside the U.S. can take several months at best.

IFSS processes cases, generally, in the order they are received. This allows IFSS to remain fair to all campus partners who request immigration services. IFSS reserves the right to reorder cases in our queue, depending on circumstances.

Processing time ranges encompass the initial submission to IFSS through final USCIS approval. Processing times may change without notice. Certain parts of the processing time can be expedited, but other parts cannot.

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PREMIUM PROCESSING

    • New H-1B
      • 6+ months, ideally, before the anticipated H-1B start date. The more time we have, the better. At minimum, we require 3 months to process an H-1B for an individual who is inside the U.S.
      • NOTE: If an H-1B request is started more than 6 months in advance, IFSS cannot begin formal processing of the petition until the 6 month mark due to federal limitations. We will allow hiring units and individuals to start gathering information and documentation approximately 1 month prior to that to ensure that the information and documentation is the most up to date.
    • H-1B Portability (Transfer an H-1B from another employer)
      • 2-3 months notice required, but we will advise on a case by case basis. As always, the more time we have, the better.
    • H-1B Extensions
      • 6 months, ideally, before the employee’s current H-1B expiration date. 
      • NOTE: Terra Dotta, our immigration software, will email the assigned Department Admin 180 days before the employee’s current expiration date. At that time, the “Apply H-1B extension” button will appear in the lower right-hand corner of the employee’s active H-1B card. Do NOT submit a New Sponsorship Request for an H-1B extension.
    • H-1B Amendments or Changes
      • 3-4 months notice required, but we will advise on a case by case basis. As always, the more time we have, the better. Do NOT submit a New Sponsorship Request for an H-1B amendment.

H-1B APPLICATION PROCESS

The H-1B non-immigrant application involves the U.S. Department of Labor (DOL), the U.S. Citizenship and Immigration Services (USCIS), and, in some cases, the U.S. Department of State. The H-1B process is a partnership between IFSS, the hiring unit, and the international individual (also known as the beneficiary). H-1B applications are initiated by the hiring unit’s designated Department Admin through the UW’s online immigration software called Terra Dotta System (TDS). All hiring units are encouraged to contact IFSS with any questions about the H-1B process and to discuss procedures if they are not familiar with filing an H-1B application. IFSS offers a wide variety of training geared toward educating hiring units about the various immigation statuses available, as well as specific training in TDS. Find our trainings in the Course Catalog (type “immigration” in the search box.)

General H-1B Process Flowchart    H-1B TDS Status Flowchart

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STEP 1: STARTING THE H-1B PROCESS IN TDS

Depending on the type of request, do one of the following:

  • New H-1Bs and portability (transfer) H-1Bs: The Department Admin submits a New Sponsorship Request (NSR) within TDS.  However, before doing that, use this Intake Form to gather the required information from the prospective H-1B employee. Remember to search for them first, using their name or email, in case they already have a TDS account. IMPORTANT: the email entered will be used to communicate with the prospective H-1B employee until a wisc.edu email is assigned and IFSS is notified. Some email clients, such as Gmail, often filter TDS emails to the scholar’s junk or spam folders. Please be sure to inform your prospective H-1B employee to regularly check their junk or spam folders for communication from IFSS.

OR

  • H-1B extension: The Department Admin can find the H-1B employee’s current card on their Active tab in TDS. Click on the card. Scroll to the bottom and click “Apply H-1B Extension” in the lower right-hand corner. A pop-up window will prompt the Department Admin to enter the dates of the H-1B extension. Click Submit. Wait for IFSS to approve the extension request. IFSS will email you and the H-1B employee further instructions. 

OR

  • For H-1B amendments: The Department Admin can find the H-1B employee’s current card on their Active tab in TDS. Click on the card and click on the last tab in the card labeled Requests. Click the icon to start the Amendment Request. Once completed, click Submit. Wait for IFSS to make a decision on the amendment request. IFSS will email you and the H-1B employee further instructions, if appropriate. 

IMPORTANT! Please order the filing fee checks from Business Services at this time as well. See the Filing Fees section below for more information. However, be aware that UW checks are only valid for 6 months. If you are submitting a new or transfer H-1B request more than 8 months in advance, please wait to order checks until closer to the time of submission to USCIS.

STEP 2: UPDATE THE PENDING H-1B REQUEST IN TDS

Once IFSS has approved the type of H-1B petition initiated, the Department Admin must log into TDS, find the H-1B employee’s card on the Pending tab of their Dashboard, and click into the card. Once in the pending H-1B card, the Department Admin will see the five tabs explained below. 

  • The Department Admin is responsible for completing the Department tab, Processing tab, and uploading documents in the Document tab.
  • The H-1B employee is responsible for completing the Beneficiary Information tab and uploading documents in the Document tab as well.

Important! Before moving to any new page/tab, save the information using the Save button at the bottom of the page. A green “Saved Successfully” box will appear in the upper right-hand corner of the screen to confirm the save.

  1. Department

This tab contains information about the position, such as title, salary, job location, etc. This tab also is where you will enter information regarding the minimum job requirements, actual wage information and standard occupational classification (SOC) code suggestions. Information on this tab is required for IFSS to begin the H-1B process. Follow the instructions at the top of the tab in TDS.

  1. Beneficiary Information

This tab is intended for the H-1B employee to fill out, but the Department Admin can view it to see whether or not the H-1B employee has completed it and send reminders to the employee, if needed. Information provided on this tab is required for IFSS to generate the federal forms included in the H-1B petition.

  1. Additional Information

Currently, there is nothing to update in the Additional Information tab. This tab houses custom forms/information that IFSS required you to enter when you filled out the initial NSR. That is why you may see some information already entered. However, you do not need to change/update anything. 

  1. Processing

This tab is intended to help IFSS gather information needed for certain USCIS forms. Follow the instructions at the top of the tab in TDS.

  1. Documents – upload the relevant documents assigned to you only (do not upload documents for the H-1B employee or documents that are not on this checklist, unless directed to by IFSS). Follow the instructions at the top of the tab in TDS.

STEP 3: IFSS REVIEW AND PREPARATION

When the Department tab is completed by the hiring unit, IFSS can determine the prevailing and actual wage. The hiring unit is required to pay the higher of the prevailing wage or actual wage.

  • In rare circumstances, IFSS may not be able to determine the prevailing wage. If this happens, we will need to submit a request to the DOL to make the determination. This can take 3-5 months and will still require IFSS to have all the information above to proceed. Keep in mind, this could significantly delay the employee’s anticipated start date or require your Department to request premium processing when filing the H-1B petition with USCIS. There is currently no way to expedite the DOL wage determination.

After the wage determination is completed, IFSS will submit a Labor Condition Application (LCA) to the DOL attesting to comply with the requirements of the H-1B program. The LCA takes at least one week to be certified by the DOL and cannot be expedited.

The LCA requires the hiring unit to accurately disclose any known or anticipated places of employment. The term “place of employment” means the worksite or physical location where an H-1B employee actually performs their work, including any home worksites. The employer must have an LCA on file for each place of employment, with the exception of certain short-term worksites (30 days or less in a calendar year). 

  • If additional work locations are added after the LCA is filed, but before the petition is submitted to USCIS, notify IFSS immediately to get those locations added. 
  • If additional work locations are added after the petition is submitted to USCIS, the Department Admin should submit an Amendment Request in TDS.

Once the LCA is filed, IFSS will post the LCA online for any UW work locations. See here. LCAs are posted for a minimum of two weeks online. 

  • For non UW locations, the Department Admin is responsible for making arrangements to post a physical copy of the LCA in a conspicuous location at the worksite that is accessible to all UW and non-UW employees who work at that location. For example, the LCA should be posted where other employee notices are posted (break rooms, common areas, copy rooms or any room all employees can access). The LCA does not contain any information about the employee specifically, only general information about the position you are filling.

According to federal law, LCAs cannot be submitted more than 6 months before the beginning date of the period of employment. Therefore, we cannot submit an H-1B more than 6 months before the beginning date of the period of employment listed in the H-1B application.

IFSS will generate the applicable I-129 and I-907 forms directly from TDS and will sign as the Authorized Official of Employer.

STEP 4: MAILING THE PETITION

Couriers that pick up daily at IFSS (no need to schedule a pick-up):

  • UPS
  • FedEx

No UPS or FedEx account yet? See How to Obtain Shipping Services at UW-Madison or contact UW Business Services for assistance.

IFSS will no longer accept paper waybills. You must generate the label online and upload it into TDS.

NOTE: UW system institutions (not UW–Madison): IFSS will generate the label. UW System Admin will invoice you at a later date.

Regular Processing 

(UPS or FedEx)

Premium Processing

(UPS or Fedex)

USCIS–California Service Center
Attn: H-1B Cap Exempt Processing
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677
USCIS–California Service Center
Attn: H-1B Cap Exempt Processing
Premium Processing
24000 Avila Road, 2nd Floor, Room 2312
Laguna Niguel, CA 92677

MORE INFORMATION

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EXPORT CONTROL FORM INFORMATION

An Export Control form must be completed for every H-1B petition (including new employment, extensions, transfers, and amendments). Continue to use the paper Export Control Form and get it signed. Directions for this form are on page 2.

  • Planned projects/activities section: the job title is not a sufficient description of the project and/or activity. If there is a PVL associated with this position, you may put “See PVL #[add number]” in that section. The description should not be vague (i.e. “research and teaching”). It should be more specific (i.e. research in what? Teaching what and to whom?).
  • Once the form is filled out and signed, enter the information into the Export Control section of the Department tab in your employee’s TDS profile. Type the name of the person who signed the form in the Authorization space at the end of the Export Control section.
  • Finally, upload the Export Control Form into the Documents tab under the category Position Description/Other and add the description “Export Control Certification”.

H-4 DEPENDENTS

It is the H-1B employee’s responsibility to file and/or prepare the necessary paperwork if they have a dependent spouse or children that need to change to or extend H-4 status while inside the U.S. Hiring units will not complete this paperwork, nor will IFSS. As a courtesy to the H-1B employee, if the UW is filing a petition for the employee, IFSS will mail the dependents’ H-4 petition to USCIS at the same time. Please note: This does not guarantee that USCIS will process the H-4 application(s) at the same time as the H-1B application.

For immigration purposes, dependents are the legally married spouse and/or any children under the age of 21.

The H-1B employee must list their dependents in TDS on the Beneficiary Information tab. They must also upload certain documents into TDS in the Documents tab.

  • List of suggested documentation to include with the Form I-539 – see last row only
  • Form I-539, Application to Extend/Change Nonimmigrant Status
    • Only the primary H-4 dependent fills out the I-539 (normally the spouse or oldest child)
    • Each additional dependent fills out a separate Form I-539A
    • Parents can sign on behalf of children under 14 years old
  • Filing fee must be paid by the employee using a personal check or money order made payable to “US Department of Homeland Security”. Checks can be dropped off at IFSS or mailed to IFSS. Please include a note with the name of the H-1B primary employee to ensure the check is put in the correct petition. Not sure how to write a check? See here.

Alternatively, if the UW is not filing a petition for the H-1B employee, the employee or their dependents can file the petition on their own, either via paper or online. IFSS encourages H-4 dependents to take advantage of filing their petitions online, when available. Sometimes filing online does not make sense. For example, when there is more than one dependent, it can be more expensive to file online. Dependents can check their eligibility to file online here.

If the dependents are outside the U.S., there is no application required to be filed with USCIS. The dependents will obtain H-4 status from a U.S. consulate or embassy abroad during their H-4 visa stamp appointment. They will need to show the consular officer evidence of their relationship to the H-1B employee (marriage license or birth/adoption certificate) and a copy of the H-1B employee’s approval notice (the I-797A or B Notice of Action) at minimum.

H-4 dependents, generally, cannot work. However, there are some exceptions for dependent spouses when the primary H-1B has completed certain parts of the permanent residency process. For more information, refer your employee to this resource: USCIS Employment Authorization for Certain H-4 Dependent Spouses.

FILING FEES

To request a check through Business Services, follow the normal procedures in your Department. If you need assistance, reach out to Business Services directly. IFSS cannot answer questions about how to order checks.

  • All checks must be separate and payable to: U.S. Department of Homeland Security
  • All check requests must be accompanied with this pre-signed Check Custodian Form.
  • Business Services will contact IFSS to pick up the checks when they are ready.

NOTE: UW System institutions (not UW-Madison): IFSS will request the appropriate filing fees and you will be invoiced for those fees by UW System Administration at a later date.

Fee Amount Who Pays Comments
Basic Processing Fee $460 UW employing unit All petitions
Anti-Fraud Fee $500 UW employing unit All petitions except extensions and amendments
Premium Processing Fee $2,500 See Below Optional Fee
H-4 Dependent Filing Fee $370 Employee If this application is filed online, the fee may be higher for 2 or more dependents. See more info here.

What is Premium Processing?

The optional Premium Processing fee guarantees that USCIS will process the case in 15 calendar days. Usually, USCIS takes another 2 weeks to mail the actual paper approval notice, if approved.

IFSS recommends that you request premium processing fee checks for change of status or new H-1B cases where the start date is less than 4 months from the time your complete H-1B request is submitted to IFSS in TDS. It is also recommended for extension or change of employer cases where the employee needs to travel abroad for business reasons prior to receipt of the approval notice. Documentation will be required to show the business reason. If an employee would still like their case premium processed, but there is no business reason to do so, may be able to pay the premium processing fee on their own–contact IFSS for more information.

Feel free to contact IFSS if you want to determine whether premium processing is recommended for a specific case or not.

  • This fee is in addition to the applicable fees above
  • Does not expedite internal UW processing times
  • Does not guarantee approval. A decision can come in the form of an approval, a Request For Evidence (RFE), a Notice of Intent to Deny (NOID), or a denial. We will reach out to the hiring unit immediately if the decision received is an RFE, NOID, or denial.
  • We can upgrade to premium processing at any time. It is not required to be submitted with the initial petition.

To request premium processing, please upload into TDS the following (under Fees category):

  • Premium Processing Form 
  • Documentation regarding the business purpose. For example: invitation to an international meeting (including dates of event), conference webpage (including dates of event), etc.

H-1B EMPLOYMENT CHANGES

Change happens. We understand. However, some changes require us to notify USCIS before the UW can implement those changes. USCIS will not retroactively approve changes, so it is critical to notify IFSS 3-4 months prior to changes occurring to allow for appropriate processing time. Failure to give proper notice to IFSS may result in employer and employee non-compliance and could have an impact on future applications. 

Examples of some changes that may require an amendment include, but are not limited to, are: 

  • changing jobs
  • changing departments
  • changing worksite locations (adding or removing)
  • changing to work at home, even as little as one day a week
  • changing from full time to part time or vice versa

To gather the necessary information IFSS needs to evaluate a particular situation, work with the employee and their supervisor to complete the Amendment Petition Determination Form. When completed, submit an Amendment Request in TDS. 

Once IFSS receives the Amendment Request, allow one week for review. IFSS will evaluate the totality of the changes to determine whether or not an H-1B amendment petition must be filed (and potentially approved) prior to the planned changes going into effect. 

  • If an amendment is needed, IFSS will approve and initiate the amendment in TDS. We will also email you and the scholar to provide next steps and further guidance. 
  • If an amendment is not needed, IFSS will deny the amendment request in TDS. We will also email you and the scholar to provide next steps and further guidance.

H-1B EMPLOYEE LEAVING THE UW

Notify IFSS using this Departure Form approximately 2-4 weeks prior to the H-1Bs last day worked. Email form to IFSS. Do not upload into Terra Dotta.

NOTE: if the UW is laying off or non-renewing an H-1B’s employment prior to the expiration date of their H-1B status, you may be required to offer reasonable return transportation to their last known foreign residence. Contact IFSS for further information and steps BEFORE the layoff or nonrenewal is issued to the employee.

Reminders:

  • Employee should update their Glacier account
  • Human Resources should enter the term date for the I-9

Questions? Contact hrcompliance@ohr.wisc.edu

H-1B EMPLOYEE OBTAINS PERMANENT RESIDENCY

CONGRATULATIONS! That is wonderful news!

Please inform your employee to notify IFSS as soon as possible. Email a copy of the PR card, front and back, to IFSS.

Reminders:

  • Employee should update their Glacier account with their new status
  • Human Resources should reverify the I-9

Questions? Contact: hrcompliance@ohr.wisc.edu 

TERRA DOTTA RESOURCES

Terra Dotta Scholar Portal Login Page

Basic H-1B Information

Document Library – includes forms, knowledgebase articles, etc. for Department Admin and for H-1B Employees

Frequently Asked Questions – look under both General and H-1B