H-1B Extensions
Requesting an H-1B Extension
Extending an international employee's sponsorship under the H-1B visa category takes several steps, including International Center preparation of an H-1B Extension petition for submission to the US Citizenship and Immigration Services (USCIS). Major steps and estimated timelines include the following:
- International Center preparation of an H-1B Extension petition for submission to USCIS: 1 - 2 months
- USCIS review and processing of H-1B Extension petition: 6-8 months for standard processing, 1-2 months for premium processing
Individual cases may vary depending on case-specific circumstances, seasonal processing trends, and US government processing conditions outside of the International Center's control.
Sponsorship Fees
The H-1B application process requires several required or potentially required fee components as described below. Departments and employees should be aware of these fees prior to commencing the H-1B sponsorship process. See notes below the table for clarification regarding specific items.
| Internal Fees Type | Amount | Payment Method | Responsibility |
|---|---|---|---|
| International Center Processing Fee (1) | $1,500 | DeptID to be provided on the International Center Portal | Department |
| International Center Expedited Processing Fee (2) | $500 | DeptID to be provided on the International Center Portal | Department |
| Form I-129 Petition Fee | $460 | Check made payable to "US Department of Homeland Security" Address: 24000 Avila Road, Laguna Niguel CA 92677 *The check must be sent to the appropriate International Center address directly. See instructions below. |
Department |
| Premium Processing Fee (3)*
OPTIONAL |
$2,805 | Check made payable to "US Department of Homeland Security" Address: 24000 Avila Road, Laguna Niguel CA 92677 *The check must be sent to the appropriate International Center address directly. See instructions below. |
Department or Employee |
- International Center processing fees including initial processing of a Labor Condition Application (ETA 9035) and subsequent preparation of Form I-129 petition. If the department initiates the H-1B process that leads to preparation of a Labor Condition Application, but the department later withdraws the request prior to submission of the I-129, the processing fee will be $500.
- An expedited processing fee will be assessed for initial petitions requests received with less than 90 days prior to requested employment start date, or for extension petitions received with less than 30 days prior to extension start date.
- The premium processing fee must be paid by department if expedited processing is needed to ensure employee's initial or continued employment authorization; the fee may be paid by the employee if needed for employee's personal travel or convenience.
Please request the checks to be sent to the appropriate International Center office:
- Health Sciences Departments: International Center, 200 Harrison Avenue, Posner 005E, Boston, MA 02111
- All Others: International Center, 20 Sawyer Avenue, Medford, MA 02155
USCIS can take many months to process a Form I-129 application requesting extension of H-1B authorization for a current H-1B employee. However, USCIS also provides a premium processing option in which the review period is shortened to fifteen days, barring any unforeseen issues with the H-1B petition. The premium processing option is currently $2,805 and is payable via a US bank check issued to the "US Department of Homeland Security."
Fee Responsibility
Departments must pay the premium processing fee if expedited processing by USCIS is needed in order to maintain lawful employment authorization for the employee. For H-1B extensions, employees may remain in the US and continue working for up to 240 days while an H-1B extension is pending, as long as the H-1B extension was filed in a timely manner. Premium processing may be needed in the event the extension petition is nearing the 240-day expiration and USCIS has not yet rendered a decision.
Premium processing may be needed if the employee will be traveling internationally and will need a new H-1B visa to return. The employee's department should pay the premium processing fee if the department is requiring the employee to travel internationally to fulfill job duties. Otherwise, the employee may pay the fee if international travel is for personal or non-job required reasons.
H-1B status may be granted for up to a maximum of three years and renewed for additional periods up to three years, for a total of six years.
Requesting an H-1B Extension
H-1B extension requests are similar to initial H-1B requests in terms of preparation and processing times. The International Center recommends that departments initiate the H-1B extension process up to eight months before an H-1B employee's current authorization is due to expire, to allow for an extension petition to be prepared and filed with USCIS at the earliest possible date of six months before the expiration of the employee's authorization. Procedurally, the process for obtaining an H-1B extension is the same as requesting the initial H-1B authorization, and departments should follow instructions for requesting an initial H-1B authorization when extending a current employee. Please refer to the section below on "Using the International Center Portal" to initiate an extension request.
- Prior to initiating a request, please be sure to review the Department H-1B Preparation Guide and be prepared to submit all required materials.
- The prospective H-1B employee should also be prepared to submit the documents listed on the H-1B Employee Documentation Checklist.
Continuation of Employment While Extension Is Pending
Any request to extend a current employee's H-1B authorization must be received by USCIS no later than the last day of the H-1B employee's current authorization. Once USCIS issues a receipt for the application, the employee's H-1B employment authorization can be extended for 240 days while the extension application is pending. Departments may need to coordinate an I-9 Employment Eligibility Verification extension with TSS in order to ensure that the employee's payroll is not interrupted.
Travel Outside US While Extension Is Pending
Employees should not travel outside of the US while an H-1B extension application is pending. If travel outside the US is needed for either business or personal reasons, the department and employee should contact the International Center to discuss options. In most cases, the employee must wait until the extension is approved prior to traveling outside the US. In addition, the employee may need to apply for a new H-1B entry visa prior to returning to the US to continue employment at Tufts.
Extensions Beyond the Sixth Year
Certain employees who are in the process of obtaining employment-based permanent residence may be eligible for additional one-year extensions beyond the sixth year. Employees should consult the International Center regarding extensions beyond the 6-year limit on H-1B eligibility.
Request Access to the International Center Portal for Department Requests
To submit H-1B petition requests, the department manager or administrator submitting the H-1B petition request must have access privileges to the Portal. Send an email to internationalcenter@tufts.edu if you do not already have access to the Portal.
Prior to initiating a request, please be sure to review the Department H-1B Preparation Guide and be prepared to submit all required materials.
The prospective H-1B employee should also be prepared to submit the documents listed on the H-1B Employee Documentation Checklist.
Accessing the International Center Portal
| Steps | Instructions |
|---|---|
| Step One | Access the International Center Portal for H-1B Requests:
|
| Step Two | Initiate an H-1B Extension Request
To initiate an H-1B Extension, click on the “Active Records” tab and type the name of the existing H-1B employee in the search tool. Do not create a duplicate profile for current employees. Once you have found the existing profile, click on Apply H-1B Extension to initiate the Extension Request. Proceed to provide the position information for the extension period. Please note that the button shown below will only appear if the employee is eligible for an extension.
Once the International Center has reviewed the Extension Request, we will reach out to the H-1B employee to request their updated application documents. |
| Step Three | An International Center Advisor will be in contact with the department and employee about the status of the request and the filing of the H-1B petition with USCIS. |
Department Compliance Obligations for H-1B Employees
Any department employing an individual for H-1B status is required to offer the employee the job opportunity and wages specified in the original petition submitted by Tufts to USCIS. If the department is unable to maintain the employee in the position, the International Center must be notified immediately.
The International Center should also be notified in advance if any of the following situations may apply to an employee:
- The employee takes a paid or unpaid leave of absence from work
- The employee's duties undergo a material change (outside of normal salary progression) such as:
- Change in the physical site or organizational location of employment
- Addition of new duties, titles, or job descriptions to the employee's position
- Change in FTE from full-time to part-time (or vice-versa)
- Addition of supervisory duties to a previously non-supervisory position
- Reduction in salary
- Other changes that are potentially materially significant
- The employee voluntarily departs from Tufts or is the subject of a bona fide termination
Part-time Employees: If the H-1B employee is employed less than 35 hours per week, Department of Labor regulations require the employer to maintain records showing "time and hours worked each day," except for holidays, weekends, and vacation days. The records should document that the employee is working at the part-time level specified in the Labor Condition Application for the position. Records may be kept in different ways such as payroll timesheets (for workers paid on a timesheet basis), or through an internal department record-keeping form or file.
Bona Fide Termination: If the employee is subject to a bona fide termination from the position prior to expiration of the employee's H-1B authorization, the department may be required to pay for the reasonable costs of the employee's return transportation to his or her country of residence. Contact the International Center immediately in the event an employee is terminated, as there are specific steps the International Center must take in such situations to terminate the employee's H-1B authorization.
Deemed Export (Export Control) Attestations
As a condition of sponsoring an H-1B employee, the department is required to determine if the employee will have access to controlled data and technology (including equipment, instruments, software, and materials) as specified under the Export Administration Regulations (EAR) administered by the Department of Commerce, and the International Traffic in Arms Regulations (ITAR) administered by the Department of State. If so, access to such data and technology may be "deemed" an export to the employee's country of citizenship or permanent residence, requiring a license under the appropriate regulations.
Departments are required to make this determination at the time of requesting an H-1B authorization (initial or extension) for an employee, as well as implementing procedures to ensure ongoing compliance with these regulations.
For more information about export controls administration at Tufts, please contact the Office of the Vice Provost for Research (OVPR) or review the information on their export controls web site.