Sponsoring H-1B Workers

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). <ajor steps and estimated timelines include the following:

1. International Center preparation of an H-1B petition for submission to USCIS: 1 - 2 months
2. USCIS review and processing of H-1B petition: 6-8 months for standard processing, 1-2 months for premium processing
3. 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

Note that due to the ongoing COVID pandemic, US consular processing timelines for H-1B employees have expanded considerably. Consult with the International Center regarding individual situations.

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.

1. 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.
2. 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.
3. 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.
4. Address for checks payable to US Department of Homeland Security: Use 24000 Avila Road, Laguna Niguel CA 92677

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. Your contact will advise on the specific documents and information that will need to be submitted to the International Center.

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)
• 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:

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.

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 $2,500 (effective 10/19/2020) 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.