H-1B Visa: Specialty Occupations
An H-1B is a temporary employment visa classification. In order to qualify, the person must have at least the equivalent of a bachelor’s degree and the position must require at least the equivalent of a bachelor’s degree. In addition, the employer must agree to pay the prevailing wage for the position or the actual wage, whichever is higher. Actual wage means that the person can not be paid any less than anyone else in the Department with the same title, same/similar job duties, with the same education and experience.
There are several fees associated with H-1B sponsorship that are required to be paid by the sponsoring Department including the Filing fee of $460.00 and the Fraud fee of $500.00. Both must be paid by separate checks and made payable to the Department of Homeland Security. These fees are due prior to the submission of the petiton packet to USCIS.
UAMS, as an Institution of Higher Education, is exempt from the H-1B cap.
If you are interested in sponsoring someone for an H-1B, please contact Immigration Services at 501-686-8132.
Duration of H-1B Sponsorship:
A person may obtain H-1B status for a total of 6 years, given in 3 year maximum increments. If the person has a labor certification pending for 1 year, or an approved I-140, the person’s H-1B status can be extended beyond the 6 year limit on an annual basis, until their permanent residency applications have been adjudicated.
Please note, based on 20CFR655.731, the employer must pay for all filing fees incurred for H-1B sponsorship. Fees must be paid by separate checks payable to “Department of Homeland Security”. See the Immigration Check Request Form for more information on required fees.
I-129 Filing Fee: $460 – Applies to all H1B Petitions
Fraud Prevention and Detection Fee: $500 – Does not apply to petitions to extend or amend an alien’s stay. This fee only applies to new H-1B petitions or individuals who are transferring their H-1B to UAMS from another employer.
Premium Processing Fee: $1,440 – Optional.
Premium Processing Service: Guarantees a 15- calendar-day response from USCIS for certain employment-based petitions or application. The response may be an approval, a request for evidence (RFE) or a denial. If an RFE is given, once UAMS provides a response to the RFE, the 15-calendar day processing clock restarts.
H-1B CASE STATUS
Visit www.uscis.gov for current processing times.