H-1B Process

  1. The department makes an offer of employment to a qualified foreign national for an H-1B eligible position or contacts OISS with questions if unsure whether the job/employee qualifies for H-1B status.
  2. The department contact is told about the hire and completes the necessary paperwork while maintaining contact with OISS about any changes or questions involving the planned employment.
  3. OISS receives the paperwork, checks it for accuracy and completeness, and verifies that both the employee and the job qualify for H-1B status. OISS informs the department of any issues and any missing documentation.
  4. OISS completes the required pre-filing steps (generally 1-2 months):
    • Determines the prevailing wage for the position
    • Sends the deemed export information to the Research Office for review
    • Files a Labor Condition Application (LCA) with the Department of Labor (DOL)
  5.  The DOL returns the LCA to OISS to include in the H-1B petition. The Research Office sends the deemed export recommendation to OISS.
  6. OISS submits the I-129 petition and supporting evidence to United States Citizenship and Immigration Services (USCIS).
  7. USCIS approves, sends a request for additional evidence, or denies the H‑1B petition. USCIS sends notice of its decision to the OISS.
    • If additional evidence is requested, OISS contacts the department and/or employee for the documentation needed. OISS responds to the USCIS request for evidence.
  8. Once approved, OISS notifies the employee to pick up the approval notice (or sends to the department if s/he is not currently at WU).
  9. The employee can begin working at WU according to the terms of the petition filed and the approval notice issued by USCIS. Or, if the employee is outside of the U.S., s/he can apply for an H-1B visa from the Department of State to enter the U.S. and begin the H-1B employment.