H-1B Visa Instructions
Instructions to Departments
The initiating department at NC State must initiate the H-1B visa request. The H-1B packet must be submitted to International Employment (IE) as far in advance as possible (4-6 months preferred) to ensure timely processing. IE will accept the H-1B packet and begin the petition process when all materials are submitted.
H-1B packet checklist includes
- H-1B Visa Request Form (complete with all appropriate signatures).
- $320 check for the general filing fee for all cases
- $500 check (anti-fraud fee) for all initial H-1B petitions. Petitions filed to amend or extend a period of stay in H-1B status are not subject to this fee.
- $1000 check (optional) premium processing filing fee. Premium processing guarantees a 2-week process with US Citizenship and Immigration (USCIS) instead of the normal 4-7 month wait.
- All fees must be on separate checks drawn on an NC State account and made out to:
Department of Homeland Security
California Service Center
24000 Avila Road
Laguna Niguel, CA 92677
- Prevailing Wage Request Form
- Actual Wage Determination Form
- Copy of the official, original offer or appointment letter
- Completed, signed Sponsor Letter (sample) to USCIS
The letter is separate from the official, original appointment or the offer letter, and does not have to coincide with appointment dates. It is for H-1B time period requests to USCIS only.
Note: The end date in the letter must not be shorter than the end of the time period requested for the H-1B Visa.
- Notice of Intent to Employ an H-1b Non-Immigrant. The department will need to post two notices of intent to hire. These must be posted for 10 business days in places near the location of employment (e.g., bulletin boards). These notices are placed after IE obtains the Labor Condition Application approval. IE will let you know when to post.
- Copy of foreign national beneficiary's resume/vita
- Copy of foreign national beneficiary's degree and transcripts. If non-US degree, it must be translated and evaluated by credentials evaluation service
- Copy of current and past I-94 forms, passport date page, visas, prior I-797 approval notices, 1-20s, and IAP-66/DS-2019s.
- Individuals who are already in H-1B status with a different employer must also provide recent paystubs from that other
employer to show proper maintenance of H status.
- Individuals who have previously been in the US on a J-1 visa may be subject to 212(e), a 2-year home residency requirement, and are required to obtain a waiver.
Once IE has these documents, they will proceed with the Labor Condition Application (LCA), which is filed with the Department of Labor (DOL) and governs the time period requested for the H-1B. Department Heads must sign off on the LCA and must be cognizant of the amount of time requested.
If an H-4 will be processed simultaneously, the following documents are needed for spouse and dependant(s):
- Form I-539 with attached filing fee of $300 in the form of a personal check from the foreign national beneficiary or a money order
- Passport date page(s), visa(s), and copies of all prior immigration status documents
- Marriage certificate
- Birth Certificate(s)
Note: Dependent family members of foreign national beneficiary (the spouse and minor children under age 21) of an H-1B beneficiary who is changing status within the US must file concurrently for a change of status to H-4 unless they have independent non-immigrant status.
USCIS prohibits H-4s to work in the US. "Visiting Professor" status is not permissible for H-4s. Contact IE if there are questions about this. To file for H-4, the dependent should complete Form I-539. Information on additional dependents should be given on I-539 Supplement. Spouse and minor children not in the US may apply for H-4 dependent status at a US consulate after the H-1B principal has been approved.
Note: H-4 dependents do not have employment authorization and are not allowed to work.
