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H-1 B Reference Guide: First Things First

Introduction

This H-1B Reference Guide is provided for international scholars currently at the University of Washington or who have been offered employment at the UW and will be arriving in the near future. The H-1B visa is your opportunity to participate in the teaching and research mission of the University of Washington. You bring to our campus not just unique skills and knowledge, but your rich culture and traditions as well. Truly, you provide a global dimension to all aspects of University endeavor.

Who is eligible?

The decision to sponsor you for an H-1B visa is made by the Office of International Students & Scholars (ISS) after a careful review of applicable federal laws and University policies. Please direct any questions about visa sponsorship to ISS. Without exception, H-1B petitions based on University of Washington employment are processed by ISS. Only the Vice Provost for Academic Personnel has authority to sign a Labor Condition Application or H-1B petition on behalf of the University. Attorneys are not permitted to represent the University's interests in immigration matters.

Exchange Visitors subject to the Two-Year Home Country Physical Presence Requirement who have not fulfilled or waived this requirement are ineligible for H-1B sponsorship.

Documentation required

The petition to U.S. Citizenship and Immigration Services (USCIS) requires considerable documentation. Be prepared to provide the following to the department hiring you:

  • Diploma/degree certificate. Also include a transcript, if available. Foreign language documents must include full English translations, certified by the translator as complete and correct. If academic records do not clearly state the degree and field of study, you should obtain an evaluation of the record by a recognized credentials evaluation service.
  • Curriculum vitae
  • U.S. professional license, if applicable
  • Current and any prior H-1B I-797 Approval Notices, if applicable
  • If you currently have H-1B status with another employer, include:
    • Most-recent pay stub or similar salary record
    • I-94 card
    • Passport pages showing biographical data, expiration date, and U.S. visa stamp

  • If you are currently in H-4 status, include:
    • I-94 card
    • Passport pages showing biographical data, expiration date, and U.S. visa stamp
    • Marriage certificate, translated into English
    • Spouse's I-94 card
    • Spouse's current and any prior I-797 Approval Notices
    • Spouse's most-recent pay stub or other proof of current employment

  • If you are currently in F-1 (student) status, include:
    • Current and any prior I-20 forms
    • Employment Authorization Documents (if any)
    • I-94 card
    • Passport pages showing biographical data, expiration date, and U.S. visa stamp

  • If you are currently in J-1 Exchange Visitor status, include:
    • Current and any prior DS-2019 forms (formerly IAP-66)
    • USCIS approval of waiver of foreign residence requirement (if applicable)
    • I-94 card
    • Passport pages showing biographical data, expiration date, and U.S. visa stamp

  • Additional documentation is required of foreign-trained medical doctors performing a residency or clinical fellowship.
  • All documentation should be legible photocopies of original documents, and on 8 1/2" by 11" paper. Avoid the use of staples.

Dependent Documentation

  • Your family members currently in the U.S. changing to or extending H-4 status complete and sign Form I-539. The I-539 should be completed in the name of the principal dependent, not the H-1B. Children under 14 years of age should have a parent sign Part 5 of the I-539 using the following language: PARENT NAME on behalf of minor CHILD NAME. Include proof of their relationship to you (marriage certificate for spouse and birth certificates for children), the $300 check payable to U.S. Citizenship and Immigration Services, copies of each dependent's I-94 card, passport pages showing biographical data, expiration date, and U.S. visa stamp, and any I-20s, DS-2019s, I-797 Approval Notices, or Employment Authorization Documents (if applicable).

Prepare for travel restrictions

Applicants currently in the U.S. who are applying for a change of status must not travel outside of the U.S. while the H-1B petition is pending. Please discuss any travel requirements with ISS before you travel and before the H-1B petition is filed.