H-1B Visa

What is an H‐1B visa?

• Temporary work visa for specialty occupations requiring a minimum of a  bachelor’s degree
• Valid for up to six years; approvals can be issued by U.S. Citizenship and Immigration services (USCIS) in increments of up to three years
• Visa belongs to the employer (Morgan) and is specific to the position, job duties, work location, and work schedule (full-time or part-time)
• Salary to be paid must meet “prevailing wage” based on job duties and job location (geographic area where H-1B worker will be working)
• Extension beyond six years may be possible if the individual is applying for permanent residency and has reached a specific status within the
  permanent residency application process, or if the individual has spent significant time abroad during the six years on H-1B visa
• For corporate employers there is a quota limit on the number of H‐1B visas granted within a year; universities are exempt from this quota

H‐1B Program Requires:

• Prevailing wage determination, Attestation to Department of Labor (through proof of good faith recruitment)
• Maintenance of a Public Access File
• Subject to audit from the Department of Labor (DOL) and United States Citizenship & Immigration Services (USCIS)

Responsible Office at Morgan
Please work with Human Resources. If you have questions regarding the individual’s eligibility for H-1B based on their immigration history,
or any alternate visa options, please contact Dr. Yacob Astatke in the Division of International Affairs.

Agency Involvement

• Department of Labor (DOL) —governs wages, recruiting and compliance
• Foreign Labor Certification Data Center Online Wage Library—determines prevailing wage for the area of employment
• United States Citizenship & Immigration Services (USCIS) —adjudicates temporary employment based petitions, collects data and issues
  immigration benefits
• U.S. Embassies—issues entry and travel visas
• U.S. Customs and Border Protection (CBP)—determines status eligibilityat the U.S. port of entry

Processing Time for Visa

Preparation for application – two to four weeks to gather information and complete all necessary forms. Requires information gathering from the
individual as well as from the Morgan department.
Application processing and review by government agencies – four to six months (if premium processing is requested and the additional cost of
approximately $2,750 is paid, USCIS will make their decision within 15 calendar days).

Important Documents.

• H1B application process flowchart 
• H1B worksheet 
• H1B application process