Sponsoring H-1B Workers
H-1B Temporary Workers
The H-1B visa is available for employees who can be considered "temporary workers in a specialty occupation." Tufts uses the H-1B visa to obtain work authorization for most faculty positions, certain research staff, and a limited number of administrative positions requiring specialized knowledge.
H-1B Features
The primary characteristics of the H-1B visa include the following:
- Specialty Occupation: The individual must be hired to a position that meets the definition of specialty occupation. This means that the position must require the minimum of a bachelor's degree (or the equivalent combination of education and experience) in a specific disciplinary area, and the employee must possess the requisite credentials and experience.
- Wage Requirement: The position must offer the employee the higher of the actual wage (the wage offered to similarly employed and qualified individuals) or the prevailing wage (the regional average for similar occupational positions). The International Center will determine the prevailing wage based on the employee's position characteristics and duties. For more details, please review the H-1B Wage Requirements site.
- Authorization Maximum: The employment may be initially authorized up to three years, with the possibility of further extensions up to a maximum of six years. Certain individuals who are in the process of obtaining permanent residence may be eligible for additional time beyond the six-year maximum.
- Fee Responsibility: The department is ordinarily required to assume responsibility for all International Center and USCIS fees.
- Deemed Export Attestation: The employer must determine whether a license is required if the employee will have access to items or technology (including data, equipment, software, technology or data) controlled under the Export Administration Regulations (EAR) administered by the US Department of Commerce, and the International Traffic in Arms Regulations (ITAR) administered by the US 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. For more information, please contact the Office of the Vice Provost for Research (OVPR) or review the information on their export controls site.
- USCIS Authorization Required: The position requires Tufts to submit a petition to the US Citizenship and Immigration Services (USCIS) for approval. USCIS approval must be granted prior to the start of employment.
- Employer- and Job-Specific: H-1B authorization is employer- and job-specific, which means that the H-1B temporary workers can only work for the specific employer and specific position for which they received USCIS authorization. Any changes to the employer or material changes to the sponsored job or position may not be undertaken without prior authorization from USCIS.
- Full or Part-time Employment: H-1B status may be requested for employees hired to either full- or part-time positions, but any change in FTE taking an employee from full- to part-time employment (or vice versa) will require Tufts to file an amended H-1B petition prior to implementing the change. In addition, the University is required to maintain payroll records for part-time employees documenting hours worked each day and week. These records should be retained either through payroll timekeep (if hours are typically reported to Payroll) or through an internal department record keeping process.
- Return Transportation for Terminated Employees: If the H-1B worker is terminated or dismissed before the petition authorization period expires, the employer is required to offer to pay the reasonable costs of one-way return transportation to the worker's last country of residence.
- Dependents: H-1B employees may be accompanied by certain dependents who would be eligible for H-4 status. Eligible dependents include the legally married spouse and/or unmarried minor children under 21. No additional petitioning needs to be done by the University for dependents. Dependents can apply for H-4 visas once the H-1B employee has been approved for and is eligible for the H-1B visa.
Requesting an H-1B Temporary Worker
Sponsoring an international employee for sponsorship under the H-1B visa category takes several steps, including International Center preparation of an H-1B 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 petition for submission to USCIS: 1 - 2 months
- USCIS review and processing of H-1B petition: 6-8 months for standard processing, 1-2 months for premium processing
- For employees outside the US, additional time to schedule an H-1B visa appointment with a US consulate and preparation for arrival in the US
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 |
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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 |
Fraud Prevention and Detection Fee (*initial and transfer H-1B applications only) |
$500 | 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 |
Credential Evaluation Fee | Varies | Paid by Employee Directly or Invoiced to Department | 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 either initial H-1B authorization for a new employee or an 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 secure or maintain lawful employment authorization for the employee. For initial authorizations, USCIS approval is needed by the first day of anticipated employment.
To request initial H-1B status for an employee, follow the procedures indicated below.
Prior to Starting the Request: H-1B Data Collection
- 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.
Once you are ready to initiate a request, please contact the H-1B advisor for your school:
Sarah Curry (Sarah.Curry@tufts.edu) | Neriliz Soto-Gonzalez (Neriliz.Soto_Gonzalez@tufts.edu) | Heather Varnet (Heather.Varnet@tufts.edu) |
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For instructions on how to request extension for a current H-1B employee, please visit our H-1B Extension site.
Step One: Department Initiates Request with International Center
Once an international employee requiring sponsorship has been identified, the department should contact the International Center to initiate sponsorship processes. To begin a preliminary assessment, the Department should email the appropriate International Center contact (see Section B, below) with the following information:
- Employee and department name and contact information
- Offered position / title, employment start date, and full-time / part-time status
- Expected duration of the position, indicating whether the position is temporary (e.g., visiting position, postdoctoral position, grant-funded) or permanent / continuous
- Brief (2-3 sentence description of duties)
- Whether the employee is currently in the US in H-1B or another immigration status (if known)
Based on the information provided, the International Center may explore whether or not other visa options (such as the J-1 scholar visa) exist.
Step Two: Department Submits H-1B Request through the International Center Portal
Once the International Center has determined that the employee and position qualifies for H-1B sponsorship, your H-1B advisor will initiate a data collection process that requires submission of information from both the department and the individual employee through the International Center Portal. Please refer to "Using the International Center Portal" for detailed instructions on submitting the requested information.
Step Three: Determination of Wage Requirements
Based on the information provided, the International Center will obtain a prevailing wage for the position. The International Center will determine if the position meets the H-1B wage requirements. If the position does not meet the wage requirements, the department may need to revise the wage offered to the employee or withdraw the offer of employment.
Step Four: Posting Notice of Intent to Hire and Filing a Labor Condition Application (LCA)
Once the wage has been determined, the International Center will post a Notice of Intent to Hire an H-1B Employee. The Notice of Intent to Hire is a required notification to US workers regarding Tufts's intention to offer employment to an H-1B employee. The Notice of Intent to Hire will be posted for a minimum of ten business days and is available electronically on the LCA Notification web site.
Once notice has been given, the International Center will file a Labor Condition Application (LCA) with the US Department of Labor. The Department of Labor will determine if the wage and working conditions are appropriate to the specialty occupation by approving the LCA.
Step Five: Filing a Form I-129 Petition for Nonimmigrant Worker
Once the LCA has been approved, the International Center will submit a Form I-129 Petition for Nonimmigrant Worker to USCIS.
Step Six: USCIS Approval and Visa Application
USCIS will review the I-129 petition. In many cases, USCIS may request further evidence to clarify different aspects of the University's petition for the employee. Once USCIS receives all required information, it will approve (or deny) the H-1B petition. Once approved, USCIS will send an I-797 Approval Notice to the International Center. The Approval Notice will be sent to the employee who will then need to apply for an H-1B visa at a US consulate overseas (exception: Canadian citizens are not required to apply for visas). If the employee is already in the US in another status, USCIS will approve a change in non-immigrant status to H-1B status.
Step Seven: Arrival in the US and Commencement of Employment
Once the H-1B employee has obtained their H-1B visa, they may enter the US up to ten days prior to the start of employment. They will request H-1B status upon arrival at a US port of entry. For those employees already in the US in another status, USCIS will indicate when their H-1B status becomes effective. The employee is then expected to commence employment with Tufts on the approved H-1B start date. If there are any delays to the ability of the employee to start employment on the approved H-1B start date, contact the International Center immediately.
For a step-by-step instructions on how to use the International Center Portal to submit your H-1B request, please visit our H-1B Portal Request Guide.
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.