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 the OIS, you must have Sunapsis access. Gain Host Department Access to Sunapsis

The H-1B request e-form 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:

1. Perform a prevailing wage analysis.
2. Upon determining the prevailing wage, the OIS will create an electronic Labor Condition Application (LCA) posting and submit the LCA to the Department of Labor for certification.
3. Upon receipt of a certified LCA from the Department of Labor, the OIS will prepare and file an H-1B petition with U.S. Citizenship and Immigration Services.

Please see the Department of Labor and USCIS sections below for more information on these processes.

Wages
The Department of Labor (DOL) regulations that govern the H-1B process are designed to ensure that the petitioning employer is not placing U.S. workers at a disadvantage in the hiring and employment process. One of the ways that DOL accomplishes this is by placing wage requirements on the H-1B. The University must document in the H-1B process that it is paying either the prevailing or the actual wage to the H-1B employee, whichever is higher.

The prevailing wage rate is defined as the average wage paid to similarly employed workers in the requested occupation in the area of intended employment. The OIS obtains performs a detailed analysis to determine the prevailing wage.

The actual wage is defined as what the university pays to “similarly situated employees” — meaning employees with the same job title in the same department with similar experience, qualifications, and job duties. The employing department completes the actual wage questionnaire provided by OIS in the H-1B request e-form to document the actual wage. The University is required to pay the higher of the prevailing or actual wage to the H-1B employee.

Payment of Fees Associated with H-1B Sponsorship
The Department of Labor considers the costs associated with H-1B sponsorship to be a business expense to be borne by the employer (i.e., the University). Any fees that the prospective H-1B employee pays in connection with the filing of an H-1B petition are considered a reduction in salary. As such, all required fees associated with H-1B sponsorship must be paid by the employing department. The University cannot be reimbursed for these expenses by the H-1B employee.

If premium processing is required for employment reasons, the employing department also must pay the premium processing fee. In an audit of H-1B employees, the Department of Labor will require the employer to reimburse the fees if paid by the employee or found to be charged to the employee.

Part-Time H-1B Employment
UMB discourages sponsorship of part-time H-1Bs. Department of Labor regulations require UMB to maintain documentation of the number of hours worked each week for part-time H-1Bs, and to pay overtime if a part-time H-1B employee works more hours than what is stated in their H-1B petition filing. These recordkeeping and compensation requirements are inconsistent with UMB employment practices for exempt staff, postdoctoral fellows and faculty, which are the only UMB positions that meet the specialty occupation requirements for H-1B eligibility.

SOM clinical faculty members that are categorized as Geographic Full-time (GFT) are considered full-time employees for H-1B purposes.

Labor Condition Application (LCA)
Once OIS has determined that the offered salary meets the prevailing wage, OIS files a Labor Condition Application (LCA) with the Department of Labor. The LCA affirms that the employer will pay the higher of the prevailing or actual wage and that the employment of the H-1B worker will not adversely affect the wages and working conditions of other workers in the occupation.

LCA regulations require that an announcement of the intention to hire an H-1B worker be posted for 10 consecutive days at each place of employment where any H-1B nonimmigrant will be employed during the 30 days before the certification of the Labor Condition Application. 

OIS fulfills the LCA posting requirement electronically at sites that are owned or leased by UMB and UMB-affiliated entities (e.g., UMMC or FPI). If the H-1B employee will work at a location that is owned or operated by another organization, physical posting at that site may be required. OIS will determine whether that is required and provide the hiring department with instructions on how to post at that site.

Once the LCA posting requirements have been met, OIS will submit the LCA to the Department of Labor for certification. DOL can take up to seven federal business days to certify the LCA. Once the LCA is certified, the H-1B application is ready to move forward to USCIS.

Public Access Files
The employer is required to maintain a “public access file” for each H-1B employee. The OIS assumes the responsibility of maintaining these files. Files are maintained for one year beyond the authorized period of employment as stated on the LCA, or for one year from the date the LCA is withdrawn, if employment is ended before the expiration date of the certified LCA. Files include the following information and must be made available to any member of the public who requests to review it:

• Proof of the Prevailing Wage
• A certified LCA
• Evidence that the LCA posting requirements were met
• Proof that the employee received a copy of the certified LCA
• Statement of the wage rate paid to the H-1B worker
• Actual wage statement
• Benefits documentation

Termination of H-1B Employment
The University is responsible for the costs of reasonable return transportation to the employee’s country of citizenship or last country of residence if the H-1B employee’s employment is terminated before the expiration of the H-1B petition. Only if the H-1B employee terminates the employment relationship is the University released from this obligation.

The University is required to report the termination to USCIS and to withdraw the LCA from the Department of Labor (DOL). Therefore, the employing department is required to notify the OIS in writing of any changes in the employment so that appropriate actions can be taken with USCIS and DOL. Fill the "Employee/Scholar Resignation and Termination" e-form under the "Active Employee/Scholar Reporting" link in Sunapsis.

H-1B Portability
Since the H-1B is the employer’s application, H-1B status is employer-specific. If the University wishes to employ someone who is currently in the United States in H-1B status with another employer, UMB must file an H-1B petition on the intended employee's behalf. Once the OIS has filed the H-1B petition with USCIS and has received a receipt notice documenting timely filing of the H-1B petition, the H-1B worker can begin work at UMB from the requested start date of the H-1B petition. This provision is called H-1B portability and is useful because the University does not need an approval from USCIS to legally employ the worker. As such, premium processing is not necessary for most H-1B concurrent and transfer petitions. H-1B portability only applies if the H-1B employee continues working for their current employer until UMB has had the opportunity to file an H-1B petition with USCIS.

240-Day Rule for H-1B Extensions
For current UMB H-1B workers who are extending their H-1B status, UMB can continue to employ the H-1B worker for 240 days past the expiration of the prior petition as long as UMB files the extension with USCIS before the expiration date. As such, premium processing is not necessary for timely filed H-1B extensions unless international travel is planned.

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. The OIS takes date information directly from the request form that the employing department completes.

Start Date

• In the case of employees who are not currently employed by UMB, whether outside the United  States (consular processing) or inside the United States working for another employer (H-1B transfer, concurrent H-1B employment), 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 our H-1B timing and fees chart, below. Please select a start date that coincides with Human Resource Services' onboarding calendar.
• In the case of employees currently working for UMB either as an H-1B employee or pursuant to a work authorization from another immigration status, the start date is usually the day after the current work authorization expires. For someone currently working for UMB pursuant to another immigration status (i.e., F-1 OPT, J-1, etc.), an earlier start date for the H-1B can be selected to accommodate travel plans if necessary. The OIS must be apprised of concrete travel plans in advance of filing the H-1B petition (i.e., date of departure, date of return) to select the correct dates.
  

End Date

• We can petition up to a full three years for an H-1B petition, subject to regulatory limits. H-1B status is limited to six years. The OIS will review the documentation submitted with the H-1B request to determine how much time is available to a prospective H-1B employee.
• 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 the OIS in writing of the termination date so that we can withdraw the Labor Condition Application (LCA) and the H-1B petition.

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 Amendment Questionnaire" under the "Active Employee/Scholar Reporting" link in Sunapsis.

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

• Regular Processing Fee - $460
• Anti-Fraud Fee - $500
• Premium Processing Fee - $2,805
  

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 does 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 calendar 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.

You will need to submit an H-1B Employee Request if:

• An employee or prospective employee who is currently in the U.S. needs to change their immigration status to start or continue their employment at UMB
  • Example: An employee has used all five years of their J-1 research scholar time, and the supervisor wants to continue their employment
• The department is hiring someone from overseas, and the J-1 is not a viable option
• You need to extend the H-1B validity for a current UMB H-1B employee 
• You are hiring an individual on an H-1B who works for another U.S. employer 
• There is a material change to a current H-1B employee's job duties, location of employment, hours, etc. (Contact OIS and describe the change; our office will inform you if an amendment is required.)

Some of the H-1B Request e-forms will require you to complete and upload PDF forms. See below to learn about the uploads for each e-form.

Resources

• H-1B Start Date and Request Submission Timeline
• Sunapsis - Submitting H-1B Employee Requests (step-by-step instructions with screenshots)

H-1B Employee Request

This first form collects information about the position.

Potential Uploads:

• Additional sites of activity (only required if employee will work at more than four locations)
• Copies of contracts between the University and location(s) not owned or leased by the University or its affiliated entities (if applicable)

In this form, we ask questions to help you determine what fees are required for that particular request. Here is the documentation you'll need for requesting the checks.

• Documentation for $460 and $500 checks: Regular Processing and Anti-Fraud Fee Documentation

• Documentation for $2,805 check: Premium Processing Fee Documentation 

H-1B Supporting Documentation

This second form is primarily to collect all the additional uploads we'll need before filing the H-1B. We also ask for your FedEx account information on this form, as all H-1B petitions are sent via FedEx to USCIS at the department's expense.

Required Uploads:

• Sample Departmental Support Letter - this letter may be signed by the supervisor or a departmental administrator
• Fully Signed Deemed Export Form Review the Office of Research Development's website for more information.
  
  
  • Staff Positions only - Copy of Offer Letter
    
    
  • Academic Positions (Fellows/Faculty) only - Approved appointment letters (interim appointments acceptable for faculty titles)
  • Academic Positions only - Actual Wage Questionnaire
    
    
  • Dental School only - letter from Dean's Office (Dr. George) approving the request

Prospective H-1B Employee

This form is straightforward from the department perspective. You'll need to go into it, click on "GIVE THE CLIENT ACCESS TO COMPLETE THIS SECTION" and then put in the email address of the employee.

The e-form will require them to upload certain documents such as:

Prospective H-1B employees should check the H-1B Prospective Employee Document Checklist to learn more about the required documentation to obtain H-1B visa status. 

Supervisor Attestations

This form is straightforward. You will put in the supervisor's contact information, and then login instructions will be emailed to the supervisor. The supervisor will need to electronically attest to various provisions to ensure compliance with H-1B regulations.