H-1B Sponsorship

H-1B status permits a U.S. employer to employ a non-U.S. citizen in a specialty occupation. Specialty occupation is defined as requiring the theoretical and practical application of a body of highly specialized knowledge in a field of study.

To qualify for H-1B sponsorship, a position must require at least a bachelor's degree in specific field(s) of study. H-1B petitions are filed by the employer. As such, an individual in the United States in H-1B status is only authorized to work for their sponsoring employer.

To request H-1B sponsorship from OIS, you must have Sunapsis access. Gain Host Department Access to Sunapsis

The H-1B request has required e-forms for both the hiring department and the prospective employee to complete. Once all required e-forms are submitted in Sunapsis, we will begin the first of three steps in the H-1B process. Each step identified below is consecutive. Multiple steps cannot be performed concurrently.

1. Perform a prevailing wage analysis.
2. Create an electronic Labor Condition Application (LCA) posting and submit the LCA to the Department of Labor for certification.
3. Prepare and file an H-1B petition with U.S. Citizenship and Immigration Services.

Please see the H-1B compliance obligations below for more information on these processes.

This section provides a brief overview of key issues that supervisors and departments should be aware of as they consider H-1B sponsorship. Please maintain open communication with OIS if there are any questions or changes to the terms of employment of your H-1B employee(s). 

Wages

H-1B employers are required to demonstrate that they are paying either the prevailing or actual wage to their H-1B employees, whichever is higher. The actual wage is the what the university pays similarly situated workers (individuals with the same job title and similar job duties).  

The prevailing wage is based upon salary survey data provided to the US Department of Labor. UMB prevailing wages are taken from a separate DOL database for university salary surveys. OIS staff will contact you if the offered salary does not meet the H-1B wage requirements.

Payment of Fees Associated with H-1B Sponsorship
All filing fees for H-1B petitions must be paid by the sponsoring department. Under no circumstances can the payment of fees be reimbursed or otherwise paid for by the H-1B employee.

Termination of H-1B Employment
The hiring department is responsible for the costs of reasonable return transportation to the employee’s country of citizenship or last country of residence if the supervisor terminates the employment relationship before the expiration of the H-1B petition. The department is not obligated to cover return transportation costs if the H-1B employee resigns.

It is very important for the sponsoring department to notify OIS if an H-1B employee is no longer employed by the university. OIS staff will withdraw the H-1B petition and LCA after the employment end date to release the university from the requirements to pay the H-1B employee’s salary. Select and complete the 'Report Resignation or Termination of Employee or Scholar' task in Sunapsis.

H-1B Date Selection
Many questions arise about selecting start and end dates for H-1B petitions. Date selection is a very important part of the H-1B process.

Start Date

• In the case of employees who are not currently employed by UMB, whether outside the United States or inside the United States working for another employer, the H-1B start date should be the start date of the academic appointment, or the hire date for staff positions. In selecting the employment start date, departments should factor in the time it takes to obtain receipt notices and/or approvals by consulting the H-1B Start Date and Request Submission Timeline.

• In the case of employees currently working for UMB, the start date is usually the day after the current work authorization expires.
  

End Date

• We can generally request up to three years for an H-1B petition. H-1B status is limited to six years. OIS will review the documentation submitted with the H-1B request to determine how much time is available to a prospective H-1B employee.

• For grant-funded positions, departments should consider funding expiration dates when requesting end dates. If the University terminates the employment before the expiration of the H-1B petition, the employing department is responsible for providing return transportation abroad for the employee. The employing department is required to notify OIS staff if employment is ended before the H-1B expiration date completing the "Report Resignation or Termination of Employee or Scholar" task in Sunapsis.

Changes in the Terms of Employment
The H-1B is employer-specific, job-specific, location-specific, and salary-specific. If there are any changes to the job title, job responsibilities, salary, and/or the location of the employment, please complete the "Employment Change Questionnaire" task in Sunapsis.

There are three types of filing fees for H-1B petitions. 

• Regular Processing Fee - $460
• Anti-Fraud Fee - $500
• Premium Processing Fee - $2,965

Timeline

Use our H-1B Start Date and Request Submission Timelineto select an achievable start date when you are submitting the H-1B request e-forms.

Our office needs a minimum of 3 months from the date the department submits a complete H-1B request to receive an approval notice from USCIS.

General H-1B Work Flow

Step 1: Information and Evidence Gathering

• Department and scholar complete e-forms, gather and prepare supporting documents, letters, fees, etc.

• Department submits full request in Sunapsis.

Step 2: OIS Review, U.S. Department of Labor Process

• OIS reviews the request; communicates with department about any questions.

• OIS conducts a prevailing wage analysis.

• OIS creates electronic Labor Condition Application (LCA) posting and submits LCA to U.S. Department of Labor.

• OIS prepares final H-1B petition; submits to USCIS

Step 3: Petition Pending at USCIS

• If filed with premium processing fee, USCIS will adjudicate the petition within 15 business days.

  • If they require more information, USCIS will send a Request for Evidence (RFE), which will delay approval.

• Without premium processing, the processing time at USCIS is often lengthy.

• Receipt of the H-1B petition at USCIS allows current UMB H-1B employees to continue working (H-1B extension), and for H-1B employees at other employers to start work at UMB (H-1B transfer).

Step 4: H-1B Approval/Consular Processing Required if Scholar is Outside U.S.

• Upon approval, international employees (new or continuing) who held a different immigration status may start or continue work (H-1B Change of Status)

• For scholars outside the U.S., OIS sends the H-1B approval notice to their address abroad.

  • Scholar schedules visa appointment with U.S. Embassy/Consulate (not applicable to Canadian citizens).

  • U.S. Embassy/Consulate reviews application and issues visa stamp. Visa processing times can vary widely due to a variety of issues (i.e. staffing at U.S. embassy/consulate, background checks).

Step 5: Scholar Arrives at UMB/Begins work in H-1B Status

• Scholar may enter U.S. up to 10 days before H-1B start date.

• Scholar completes Form I-9 at HR Service Center within first 3 days of H-1B employment at UMB.

Submit an H‑1B Employee Request when:

• An employee or prospective employee in the U.S. must change immigration status to begin or continue employment at UMB.
  Example: A J‑1 Research Scholar has reached the five‑year maximum and employment will continue.
• Hiring a candidate from overseas when a J‑1 is not an appropriate option.
• Extending the H‑1B status of a current UMB employee.
• Hiring an individual already in H‑1B status with another U.S. employer.
• A material change occurs to an H‑1B employee’s job duties, work location, or hours.
  Contact OIS to determine whether an amendment is required.

Some forms require uploading PDF documents, listed below. Refer to the H-1B Start Date and Request Submission Timeline and ensure you submit timely requests.

H-1B Employee Request from the Department

This form collects information about the position.

Potential Uploads:

• Additional sites of activity (if more than four work locations)
• Contracts with non‑UMB worksites (if applicable)

H-1B Supporting Documentation

This form collects the documents needed before filing the H‑1B and requests your FedEx account information (used only if approval must be mailed to the employee).

Required Uploads:

• H‑1B Department Support Letter (signed by supervisor or departmental administrator)
• Deemed Export Control Form (for more information, see Office of Research Development website)
• Staff positions: Copy of offer letter
• Academic positions (Fellows/Faculty): Approved appointment letter (interim acceptable)
• Academic positions: Actual Wage Questionnaire
• Dental School: Approval letter from Dean’s Office (Dr. George)
• USCIS Fee Reimbursement Authorization Form (must be fully signed via DocuSign and uploaded)

Prospective H-1B Employee

The department administrator must provide access to the employee. Open the form, select “Give the Client Access to Complete This Section”, enter the employee’s email, and submit.

You can send the employee the H-1B Prospective Employee Document Checklist in advance. 

Supervisor Attestations

Enter the supervisor’s contact information. The supervisor will receive an email with instructions and must electronically complete all required attestations to ensure H‑1B compliance.