H-1B Visa (Non-immigrant Working Professional Visa)

H-1B or Temporary Worker status is appropriate when a non-US resident is employed in a
professional or specialty position by any corporation or University.

To qualify for H-1B classification: aliens must be engaged in professional employment within a
temporary framework. The alien must have the required professional training and experience to
assume a professional position with an employer. The position he or she fills must have the
required degree. This is commonly recognized as being necessary for entry into the profession.

Aliens in H-1B status are not subject to a home residency requirement and are thus able
to change to other immigration classifications if they meet the appropriate criteria.
Alien in H-1B status can only be employed in the US by a US firm, organization, or
institution that files the H-1B petitions.
Any organization offering employment may file an H-1B petition.
The processing time for an H-1B petition ranges from one to three months, or longer.
An alien abroad cannot obtain the visa to enter the US until the INS has completed the
processing.
An alien in the US cannot begin employment with the H-1B petitioner until the processing
is complete.
Alien in H-1B status can remain in the US for 6 years. The employer can file the original
for up to 3 years. A three-year extension is then possible. There is a nation cap on the
number of H-1B petitioner that will be approved in any given year.

H-1B VISA Instructions & Procedures For Employment purposes at
Fort Hays State University

Descriptions:

H-1A: Performs service as a registered nurse only.

H-2A: Performs agricultural labor or services of a temporary or seasonal nature.

H-2B: Performs other temporary services or labors in unemployed person capable of performing
such services or labors cannot be found in the US.

H-3: (a) Alien who seeks to enter the US at the invitation of an individual, organization, firm, or other
trainer for the purpose of receiving training in any field of endeavor except graduate medical
education/training or training provided primarily at or by an academic or vocational institution.
Incidental, supervised employment necessary to the training is permitted, provided a US worker is
not thereby displaced.

(b) Participants in a special-education exchange visitor program that provides practical
training and hands on experience in the education of children with physical, mental, or
emotional disabilities.

H-4: Spouse and unmarried children under 21 of an H principal alien, if they accompany or
follow to join an H. H-4 aliens may not be employed.

An H alien changing employers is not eligible to work for the new employer until that
employer's petition (Form I-129) has been approved by INS. However, the H employee may
continue to work for the old employer after receiving authorization to work for the new one,
providing the original petition is still valid.

H-1B: Performs service in a specialty occupation.

This is available for those occupations that require theoretical and practical application
of a body of highly specialized knowledge and attainment of a bachelor's or higher
degree in the specific area or its equivalent as a minimum entry into the occupation in
the US.

Specialty occupations include such fields as architecture, engineering, mathematics,
physical science, social science, medicine and health education, business specialties,
accounting, law, and the arts. Thus, the H-1B is appropriate for faculty members,
researchers, and many other kinds of temporary workers at the professional level.

INS recognizes that many H-1B aliens in academia may be asked by other entities to give
speeches or lectures. These activities are not precluded if they are incident to the alien's
employment as an H-1B and provided further that the alien is not paid a wage or salary for
his or her service and does not derive a monetary or other material gain from those
activities. The alien may be provided with transportation and reasonable, incidental living
expenses. If there is any likelihood that the alien will be paid for giving any speeches or
lectures anywhere other than on the site of employment, this should be mentioned in the
job offer letter so as not to restrict the alien from performing this activity.

Period of Stay

An H-1B alien may be admitted to the US for an initial period of up to 3 years but may not
exceed the employment period of the Labor Condition Application (LCA). Extensions of
stay may be received for up to 3 more years. Any extension petitions must be
accompanied by a duly reviewed and certified LCA. The maximum total of stay in H-1B
status is 6 years.

An H-1B alien who has spent 6 years in the US may not seek an extension, change of
status, or be re-admitted to the US under the H or L visa classification, unless the alien
has resided and been physically present outside the US, except for brief trips, for
business of pleasure for the immediate prior year.

Prevailing Wage

The prevailing wage is generally considered the average rate of wages paid to workers
similarly employed in the area of intended employment within 5 percent. The survey
can be done through the Kansas State Employment Services Administration (K-SESA),
a state agency which administers federal labor laws for the US DOL.

In some cases the survey can be done within the petitioning department or units using
dates from recent hires for similar positions. A copy of the survey must be kept on file by
the petitioning department or unit for use in case of Department of Labor or INS audit.

The rate of pay must be 95 percent or more of the prevailing wage from the survey being
used.

Dependents

Application for a change of status to H-4 or extension for an alien's dependents within
the US is madeon Form I-539, and must be accompanied by a photocopy of the front
and back of form I-94 for each dependent. The Form I-539 supplement and check
should accompany the petitioner's application. Enclose the I-539 original and two
duplicate copies with the principal H-1 petition when mailing to Lincoln INS.

Steps of filing a petition for H-1B includes:

1. Make sure that the candidate meets eligibility criteria for H-1B and the that
H-1B visa are currently available.

2. Obtain a salary survey (prevailing wage) by Kansas-SESA or other surveys.

3. A duly reviewed and certified Labor Condition Application (LCA) or Form
ETA 9035 (one original and one copy). The LCA may be filed with the Department
of Labor up to 6
months before the date of the intended employment listed on the LCA or the date
of expiration of the prior authorized period of stay. It should indicate the same
period of intended employment as the I-129. The information on the
Form 9035 includes:

(a) the occupational code for the job from Dictionary of Occupational Titles
(b) the employer's own title for the job
(c) the gross wage pay
(d) the prevailing wage rate and the source of the rate - check SEAS if the
State of Kansas has conducted a prevailing wage survey. Otherwise check "other" and identify the source of prevailing wage information
(e) the period of employment up to 3 years
(f) the place(s) of intended employment (all that may apply)
(g) form ETA 9035 signed by the Department representative or VP

4. File the 2 copies of Form ETA 9035(LCA) by mail or by fax to the DOL - this process
usually takes a week to three weeks for the DOL to return the approved &
signed Form ETA 9035.

Regional Certifying Officer
Department of Labor
1100 Main Street, City Center Square suite 1050
Kansas City, KS 64105
Fax : (816) 426-2729 Phone (816) 426-3796

5. The petitioner posts a copy of the ETA 9035 in two conspicuous locations in the
workplace for 10 days (at the Department and or at the Personal Office).

6. While the LCA is being processed, the department can complete Form I-129 and
I-129W, both signed by the department representative. As of March 30, 2000, INS will
require the alien to submit only the new I-129W form, dated 12/22/99.

7. Upon receiving an approved LCA from the DOL, mail the complete set the following
documents to US INS

Regional Service Center

P.O. Box 87129

Lincoln, NE 68501-7129

Please note: the required following documents in bold should be filed in duplicate.

INS filling fee payable to INS
INS Form I-129W (new form)
INS Form I-129 and H supplement
INS From I-129 Supplement for alien's dependent, if applicable.
Approved ETA 9035 (LCA)
Statement that position is a " Specialty Occupation" and minimal educational requirements. The statement from the employer detailing the job duties to be performed, contending that the services to be performed require an individual who possesses a bachelor's, master's, or Ph.D. degree and that the alien is qualified to assumethat position. The petition must show that the alien is coming to the US for
temporary employment, although the position the alien will occupy may be
continuing.
Copy of job offer detailing start date, end date, and rate of pay.
Certified copies of all documentation confirming alien's academic qualifications such as diplomas, academic records, licenses to practice the profession, and
affidavit or letters attesting to the alien's higher education, technical training, or qualifications as a professional. If the degree is earned from outside the US, a credential evaluation service must verify US equivalence. Copy of alien current
resume.
Copies of documentation of the alien's US immigration history (every status
held in the US, if applicable such copy of I-20 or IAP-66.)
Copy of the INS waiver of 212-(e) (J-1 two-years home requirements)
if applicable.
Copy of front and back of the I-94 (don't send the original)
Copy of passport pages showing passport validity if an alien is already
in the US.
Cover letter from the department
Completed INS form I-539 for the alien's dependent(s) who need to apply for change of status to H-4 while in the US, if applicable.

DON'T forget to make copy of all documents and keep for the record.

8. INS approve petition for H-1B

9. INS mails H-1B approval (Form I-797) to alien or the department as an employer,
depending on what address indication on the I-129 form

Filing fee schedule

$110.00 for alien alone coming from abroad (with form I-129)
$110.00 for alien alone changing status in the US (with form I-129)
$120.00 for the first member of dependents and $10.00 for each additional dependents
(with form I-539).

Extensions & Change of Employer

1. Obtain or conduct a new prevailing wage survey, then complete a new ETA 9035 and submit to
DOL in Kansas City.

2. Send in duplicate to Lincoln INS the new ETA 9035, new Form I-129 and H-supplement, new
Form I-129W, photocopies of Form I-94 and Form I-797 (original approval notice), and check for
$110 (filing fee). For extensions, please include the statement from the employer detailing the
position, salary, and length of time requested (same terms and condition with original petitions).
For changing of employer, please describe the new terms and conditions of employment under
the new employer.

3. Also include a copy of the employee's most recent pay stub from the current H-1 employer.

Note 1: If you are already in H-1B status and are changing employers, you will need to apply
for extensions of stay if the dates of new employment will go beyond the dates of the original authorization.

Note 2: The application must be submitted to the INS regional Service center with jurisdiction
over the location of the employment. (it might different location if the changing to the new
employer in different location)

Note 3: Application for extension of stay of dependents who are classified H-4 must be
submitted simultaneously on the Form I-539 with an additional fee.

Note 4: Copies of all I-94 must be attached to the form.

Note 5: Form I-797 approval notice is issued by INS along with a newly annotated I-94 card
for each individual.

Prospective Employees Outside OR Re-Entrying the US

The petitioning employer/department must furnish form I-797 (not a copy) on which INS action
on the petition was originally noted to a beneficiary of an H petition who desires to depart from
and return to the US to resume the same employment within the period for which the petition
is valid.

INS may issue an original Form I-797, upon request, to an H alien who has lost the original.
This duplicate notice may be requested on Form I-824 (application for action on an Approved
Application or petition), with the appropriate fee.

Form I-824 is also used to request consular notification regarding the previous approval of a
petition to facilitate an application for a new entry visa.

To obtain an H-1 visa abroad, the following documents must be presented to a U.S. consulate:

1. valid passport
2. original I-797 approval notice from INS
3. letter from employing department showing dates of employment and salary. (If
continuing in a previously approved H-1 position, a new employer letter verifying ongoing
employment is needed.
Also suggested in such cases: a copy of the employee's most recent pay stub.)
4. copy of all other supporting documents and materials used in original H-1 petition
such as a copy of LCA, a copy of the full H-1B petition.
5. non-immigrant visa application form (to be obtained at the embassy/consulate)
6. application fee (varies from country to country)

To enter or re-enter the U.S., the following documents must be presented at the port-of-entry:

1. valid passport
2. valid H-1B visa in that passport
3. original I-797 approval notice from INS
4. letter from employing department showing dates of employment and salary

Re-issued Visa: It is possible to have an H visa re-issued in the US. However, this is available
only if t he alien's passport already has a recently expired or expiring H visa stamp and generally
if the alien must travel for professional reasons. The alien must send:

· Passport
· Form I-94
· Form I-797
· A complete Form OF-156 (non-immigrant Visa Application)
· Evidence from the employer regarding the travel necessity
· A signed passport-size photo
· Required fee to:

Visa Services Office, Department of State
2401 E. Street, N.W.
Washington, DC 20522-0101
TEL: (202) 663-1213

Re-entry to the US after visits to Canada or Mexico for less than 30 days does not require a valid
H-1B visa stamp, but a valid passport, the I-797 approval notice, and a valid I-94 departure card
must be presented. Do not give up the I-94 card when exiting the country in such cases. Only
give a photocopy of the card if asked for the original.

*Important Note To Know*

Note 1: All non-resident aliens who are offered a tenure-track position, should they choose
to accept the position, are required by law to file an application for labor certification within
18 months of the date of the offer (not from the employment start date). Labor certification
is the first step in the process of applying for US permanent residency (the "green card").

Note 2: Normal H-1B petitions are subject to annual visa caps (quotas). The beginning for
fiscal year for H-1B quota is October 1 each year. Please check the timing and availability
of H-1B visa before starting the petition procedure with Office of International Student
Services.

Note 3: INS will continue to process the following petitions filed for current H-1B workers,
since they do not affect the Visa cap.
Extend the stay for current H-1B workers
Amend the terms of employment for current H-1B workers
Allow current H-1B workers to change the employers
Allow current H-1B workers to work concurrently in a second H-1B position.

Note 4: Workers and employers should allow at least three months for the entire H-1B
process. The status of a pending H-1B application may be checked by calling the INS
Lincoln Service Center (Lincoln, NE) at (402) 437-5218.

Note 5: H-1B petitions may be filed up to six months before the intended employment
start date or the date of expiration of the prior authorized period of stay. Filing of
Form I-129 is recommended no later than 45 days prior to the intended employment
start date.

Note 6: For prospective employees outside the US, INS will notify (cable) the designated
US consulate abroad regarding petition approval, but this notification may take up to
30 days. More rapid cable notification may be requested in the cover letter.

Note 7: Canadian workers do not obtain a visa, but rather present themselves at the border
(land crossing point or international airport), and document to the immigration officer
questioning them there that they are eligible for admission to the US in H-1B status.

Note 8: Taxes - H1-B's are required to pay Social Security (OASDI) at 6.2% and Medicare
at 1.45% on gross wages. Federal Income Tax, State Income Tax ,and any other local
taxes that might apply on gross wages will also be deducted unless tax exemption is
specifically provided by treaty or convention. If you are not paying taxes currently,
withholding will commence effective the first date the H1-B visa is valid.

Federal and State Tax returns must be filed by April 15 of each year. Resident or nonresident status for tax purposes is determined by the "substantial presence"
test. H aliens generally are classified as resident aliens for tax purposes. Resident
aliens for tax purposes are taxed on their worldwide income. Persons in H status
who have income from non-US sources should be advised to seek professional tax counsel.

Note 9: H-4 status: Dependents who have H-4 status are not allowed to receive a salary
or compensation of any kind for work performed. Dependents may attend school while
in H-4 status. H-4 students who must work as part of their program or assistantship must
change their status to the appropriate student status (F-1, M-1, or J-1).

Note 10: Obtaining and keeping current an H1-B visa: The H1-B visa holder is responsible
for having a valid visa at all times. The initial timing required for obtaining an H1-B visa is
3-4 months. Timing for obtaining extensions is 2-3 months.

Note 11: H1-B alien who has spent 6 years in the United States in H1-B status may not
seek an extension, change of status, or be readmitted to the United States under the
H or L visa classification, unless the alien has resided and been physically present
outside the US (except for brief trips for business or pleasure) for the immediate prior
year. Note: This ruling does not apply to aliens who do not reside continually in the
United States and whose employment in the United States is seasonal, intermittent,
or an aggregate of 6 months or less per year. Nor does the limitations apply to aliens who
reside abroad and regularly commute to the United States to engage in part-time
employment.

Note 12: The approval of a labor certification for permanent employment or the filing
of a preference petition for permanent resident status for an alien shall not be a basis
for denying an H1-B petition, a request for extension, admission to the United States,
or change of status from another visa category.

Note 13: Copies of original documents being submitted in place of originals are
acceptable if certified as "True Copies" by an attorney, INS officer, or other official entity.

Acceptable translations of documents can be done by anyone who is proficient in both languages.
The following certification should be attached: "I, (translator's name), am competent to translate from (foreign language) to English. The attached translation is a true and correct translation of the original (name of document)." The certification should be followed by the translator's signature, printed name, address, telephone number, and the date.

If the degree is required by the position was earned outside the US, a credential evaluation service must verify US equivalence. One such service is Evaluation Service, Inc., P.O. Box 1455, Albany, NY 12201.
Tel. (518) 672-4522.

Note 14: INS and the Department of Labor forms can be downloaded from the following websites:

LCA can be found at	www.visalaw.com/forms/eta-9035.pdf
I-129W can be found at	www.ins.usdoj.gov/forms/download/files/i-129w.pdf
I-129 can be found at	www.imminfo.com/i-129.pdf
I-129 H supplement can be found at	www.imminfo.com/i-129h.pdf