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." Specialty occupations are positions that require the theoretical and practical application of specialized knowledge and skills. 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. In most cases, 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. Positions that do not require the theoretical and practical application of specialized knowledge do not qualify for H-1B status.
- 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.
- 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 (see below): 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.
- 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.
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 |
|---|---|---|---|
| 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) | $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
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: Data Collection
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 the section on "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. To qualify for H-1B status, Tufts must offer a wage that is the higher of the actual or prevailing wage for the position. The actual wage is the wage offered by the employer to employees who have similar credentials and who are performing similar duties as the H-1B worker. The prevailing wage is the regional average wage for persons engaged in the same or similar specialty occupation. The International Center will determine if the position meets the 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. In addition, the department is required to post copies of the LCA in two conspicuous locations at the employee's work site for a period of ten days as a part of the LCA approval process.
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. USCIS may take several months to process the petition. However, USCIS also provides a premium processing option that will expedite review to a fifteen day response period (see the separate section below on premium processing). The International Center will advise the department if premium processing is either advisable or necessary for an individual case.
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.
To request initial H-1B status for an employee, follow the procedures indicated below.
Prior to Starting the Request: H-1B Data Collection
The sponsoring department should be prepared with the following information prior to starting the H-1B request process:
- The employee's CV
- The exact position description for the employee, along with the offered salary and any other compensation
- Special duties, skills and qualifications, and other details relevant to the position should be provided
- The expected start date of employment
- Checklist of sensitive research areas (forthcoming)
- Actual wages information
- The department should be prepared to list all employees with positions similarly related to the position being offered to the H-1B employee, including their titles and salaries.
- Employees listed must possess similar experience and qualifications to the H-1B employee.
- The requested length of H-1B employment sponsorship*
* Departments may request a maximum of three years of H-1B authorization for an employee at any one time, even if confirmed employment is less than three years. However, if the job opportunity is terminated before the expiration of the H-1B period, the department may be required to pay the reasonable costs of return transportation to the employee's last country of residence.
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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Once the department has been advised to proceed with the request, a submission of the collected data must be completed through the International Center Portal. Please refer to section below on "Using the International Center Portal" for detailed instructions.
Items to prepare for the H-1B Request:
- Letter of Support written by the department supervisor - contact the International Center for a template
- Position description
- Fees payable to the US Department of Homeland Security
The prospective H-1B employee should be prepared to submit the documents listed on the H-1B Employee Documentation Checklist.
H-1B status may be granted for up a maximum of three years and renewed for additional periods up to a maximum of another three years, for a total of six years. An employee may establish eligibility for another six years if they depart the US for a minimum of 12 months before returning for a new period of H-1B authorization.
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.
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.
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. 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.
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.
Accessing the International Center Portal
| Steps | Instructions |
|---|---|
| Step One | Access the International Center Portal for H-1B Requests:
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| Step Two | Upon accessing the Portal, you will be prompted to create a new sponsorship request or search for an existing employee profile.
Initiate a New H-1B Request For new H-1B requests, you must click on “New Sponsorship Request” and create a new submission by providing the employee’s information:
Submit the Request Once completed, please click on the “Submit” button at the bottom right side of the page to notify the International Center that the profile is ready for reviewing. Return to the Pending Request Once the International Center has reviewed the initial submission, the employee and the department contact will receive a notification to log into the Portal and complete the remaining sections of the H-1B petition request. After logging back into the Portal, the department contact will be able to find the previously submitted request under the "Pending Records" tab. Click on the pending record to continue working on the request. The request will now show additional instructions, questions and fields required to complete the remaining application sections.
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| Step Three
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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. |
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.
Accessing the International Center Portal
| Steps | Instructions |
|---|---|
| Step One | Access the International Center Portal for H-1B Requests:
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| 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.
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. Children lose H-4 eligibility upon turning 21. For initial authorization, 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. Family members would apply for H-4 visas by providing to a US consular officer evidence of the H-1B employee's work authorization plus proof of family relationship. H-4 dependents lose immigration status once the qualifying relationship ceases to exist or the H-1B loses or terminates status.