H-1B - General Information
This visa type is designated for specialty occupations
requiring theoretical and practical application of a body of highly specialized
knowledge in a field of human endeavor (including medicine and health). It requires
the attainment of a bachelor's degree or higher in a specific field of specialty.
Tufts University and its affiliated hospitals file this application as the petitioner
and the foreign national is the beneficiary of the visa status. Therefore, Tufts
and its affiliated hospitals have reserved the right to file on behalf of all
H1-B employees by the International Affairs Office (IAO). For further information
on salary requirements, qualifications and visa processing please call the International
Office for an appointment at (617) 636-0943.
Please Note: H-1B visa application processing times may vary. Please call the International Affairs Office for a time estimate when deciding on a start date.
H-1B Visa - Getting Started
Once you have decided to hire a foreign citizen, remember
that the application process for an H-1B visa through the regular processing unit will take 5 to 6 months. The candidate
may not start working until the approval is received from the USCIS (United
States Citizenship and Immigration Services). H-1B transfers and extensions may begin as long as the case has been submitted to the Immigration Service, but may not travel outside the U.S. until the approval is received. Please consider this when deciding
on a start date.
If it is necessary for the candidate to begin immediately,
the IAO can request that the USCIS expedite the application process. The fee
for expediting is $1000, in addition to the other IAO and USCIS fees. This decreases
the processing time only for the USCIS; it still takes the IAO 4 to 6 weeks
to process the application before it can be sent to the USCIS. The USCIS states
that some action will be taken on the application within 15 days. This does
not necessarily mean that they will approve the application if there is missing
information, such as an evaluated degree or a Massachusetts medical license.
The H-1B visa can be valid for a total of 6 years, but
may only be applied for in 3-year intervals. This does not mean that you have
to hire the candidate for the full 3 years. You may hire candidates in one-year
intervals; however, the entire application process (including all of the fees)
must be done each time an H-1B visa is extended.
The H-1B Application Process (for
the IAO)
The department manager or supervisor should complete
the entire application and have it signed by the appropriate school or hospital
official. The official for the school is the Dean of that school. The official
for Tufts Medical Center is the VP of Human Resources, however, other officials may be authorized to sign. Prior approval must be given by IAO and officials are subject to change, so it is best
to check with the IAO. The IAO will not accept an application unless it is complete
and has all of the necessary signatures and documents, (unless there are special
circumstances that have been discussed with the IAO.) The H-1B application is
available in the International Affairs Office located at 200 Harrison Avenue,
3rd floor, or by email. The application is also available for download below.
The H-1B Application (for the USCIS)
Once the IAO receives the application from the hiring
department, we process the official government documents that are then sent
to the United States Department of Homeland Security. These include:
- LCA- Labor Condition Application (Official Department of Labor Form to show
salary compared to prevailing wage).
- I-129 Official USCIS form for visa application; there is a $320 fee for
this form.
- I-539 Official USCIS form for visa application for dependent family members
of H-1B visa candidate, there is a $300 fee for this form. (This form is only
used if the candidate has dependent family members.)
The application process is done in several stages:
Figuring the Prevailing Wage
The hiring department should figure the actual wage, which
is the accurate wage the candidate should be paid as compared to other employees
in the same position in that department. (If the candidate is paid significantly
more or less than other employees in the same position, the IAO will need a written
explanation from the department head as to why this is so.) The IAO then determines
the prevailing wage, which is the average salary for the same position in this
region of the United States. The prevailing wage is determined by the Department of Labor, State Division of Employment and Training. This may take several weeks. In rare cases, a private survey can be done through the Survey Group. The fee is $200 for this service.
Issuing Labor Condition Application Form ETA-9035
The IAO then completes an LCA (Labor Condition Application),
which is a form that compares the candidate's salary to the prevailing wage. The LCA must be
posted in the hiring department and in Human Resources for 10 business days and
then returned to the IAO.
Completing the Application
Once the LCA is approved the IAO can process the rest of
the paperwork, which includes the I-129. The school or hospital official also
must sign this form. When the IAO has all of the forms and documentation, we can
then send the application to the USCIS.
The Approval Process
Currently it takes the USCIS about four months to process
an application. Initial H1-B candidates may not work until the application is approved and
an approval notice (form I-797) is received by the IAO. In addition, an individual conducting a change of status (from J-1, F-1, etc. to H1-B) should not travel until the change of status is complete and an approval is received. If they do travel the change of status will become void and the individual will have to travel a second time before their H1-B start date in order to receive an H1-B Visa stamp and enter the U.S. on H1-B status.
If the candidate is on a valid H-1B visa before he/she is hired (transfers, extensions), the candidate may begin working as long as
the USCIS has received the H-1B application from the IAO, which is usually about
4 to 6 weeks after the IAO receives the application from the hiring department. Although the H1-B transfers and extensions may begin working while the case is pending with Visas, they may not travel outside the U.S. until the approval is received.
Once we receive the approval notice, we inform the candidate and the hiring department,
and we set an appointment with the candidate to go over the approval and to discuss
exiting and entering the U.S. on the H-1B visa. It is the responsibility of the
candidate and/or hiring department to get the candidate on payroll. If the candidate
is outside of the U.S. when the approval notice arrives, we will send the approval
notice and other documents to him/her in his/her home country along with instructions
on how to obtain the visa stamp from the U.S. Consulate.
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Download H-1B Application
Here
Download H-1B Sample Letter Outlines Here
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