The H-1B Petition and Admission Process

The department may start the H-1B application process up to six months before the proposed employment will begin. Ample lead time is critical since the beneficiary of the H-1B petition cannot apply for a visa until the UW sends the beneficiary the USCIS-issued I-797 Approval Notice; similarly, persons presently in the U.S. applying for change of status to H-1B cannot work or receive pay for services prior to receiving authorization from USCIS.

The employing department completes UW Form 1025-H Visa Request for H-1B Status for Temporary International Faculty or Staff, then sends the form, signed by both the Dean and department Chair, to ISS with supporting documentation.

ISS files Form ETA 9035 Labor Condition Application with the U.S. Department of Labor. This document attests that the beneficiary will be paid at least the actual wage level paid by the department to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage level for the occupation in the area of employment, whichever is higher.

ISS sends two copies of the ETA 9035 to the department, one copy to be posted in a conspicuous location for ten days, and the other copy to be given to the beneficiary.

ISS prepares and mails to USCIS the Form I-129 Petition for a Nonimmigrant Worker, along with the Labor Condition Application and other supporting documentation. Without exception, H-1B petitions based on University of Washington employment must be processed through ISS on behalf of the Provost.

USCIS sends ISS a Receipt Notice within two to four weeks of receiving the petition. ISS forwards the I-797 receipt notice to the department. The Receipt Notice provides a file number which can be used to track the petition's progress on the USCIS website.

• If the beneficiary is outside the U.S., USCIS sends Notice of Approval to the U.S. consulate indicated on the I-129.
• If the beneficiary is in the U.S. in another nonimmigrant status, USCIS changes the beneficiary's status to H-1B.
• If the beneficiary currently holds H-1B status through another employer, USCIS extends and amends the beneficiary's stay to permit employment at the University for the validity of the approved petition.
• Dependents (spouse and unmarried minor children) who seek to enter the U.S. in H-4 status apply for H-4 visas at the U.S. consulate.
• Dependents in the U.S. changing status to H-4 or extending H-4 status file Form I-539.

USCIS notifies ISS of the decision on the petition on the I-797 Approval Notice. ISS forwards the I-797 Approval Notice to the department. The department attaches a copy of the I-797 to the I-9 Employment Eligibility Verification Form, gives the original full-page notice to the beneficiary, and retains a full-page photocopy for department records. The approval notice is a VERY valuable document and should be carefully safeguarded. Visa stamps cannot be issued without an original approval notice, and it can be difficult to reenter the U.S. without the original approval notice. Obtaining a duplicate "original" approval notice can take several months.

The beneficiary applies for an H-1B visa by presenting the Form I-797 Approval Notice to the nearest U.S. embassy or consulate. Accompanying dependents apply for H-4 visas. Canadian citizens are exempt from the visa requirement.

The beneficiary presents the H-1B approval notice and H-1B visa to the immigration officer at the U.S. port of entry. Admission to the U.S. will be for the validity period of the approval notice, plus up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not be employed during these ten-day periods.

The UW's petition to the USCIS represents a firm commitment by the University to fully fund the H-1B for the entire period of time requested. The University is liable for return transportation costs if the employee is dismissed from employment before the end of the period of authorized stay.