International Scholar Services is responsible for processing all H-1B employment petitions for the University of North Dakota. The H-1B process is a 5-step process.
Step 1 – Requesting an H-1B
The Hiring Official submits an official letter to International Scholar Services requesting assistance in the filing of an H-1B petition. Send the letter to the Dr. William Young, International Programs, Stop 7109. Your letter must include the following:
- The Hiring Official's full name, job title, full department street address, phone number, and e-mail address. If you plan to have another individual (i.e., administrative secretary) coordinate the H-1B process with International Scholar Services, then please provide that person's name, phone number, and e-mail address too.
- Full name of the individual being hired, as well as his/her country of citizenship.
- Job title, dates of employment, and salary of the position being filled.
Attach to your letter the following items:
- A completed Prevailing Wage Determination (PWD) Worksheet.
- A UND Journal Entry to pay the H-1B Employee and H-4 Dependent petition processing fees. International Scholar Services charges $500 for each H-1B petition and $20 for each H-4 dependent. The H-4 fee applies to just those dependents that are already present in the United States. These are non-refundable fees!
- If applicable, a completed and signed copy of the Request to Appoint, or the equivalent for all academic positions, including Post-Doctoral Researchers.
- If applicable, an approved copy of the North Dakota University System Position Description for all Professional Staff positions. This document must indicate that the job position requires the minimum educational level of a bachelor’s degree.
Step 2 – Prevailing Wage Determination Request
International Scholar Services will complete and submit an ETA Form 9141 Application for Prevailing Wage Determination to the Department of Labor. It takes the DOL up to 60 days to provide a PWD.
In order to continue the H-1B process, you must agree to pay the H-1B employee at least the determined Prevailing Wage.
Step 3 – Labor Condition Application
International Scholar Services will complete and submit to the Department of Labor an ETA Form 9035 Labor Condition Application (LCA). The LCA will be completed using data from the PWD. It takes the DOL one week to approve the LCA.
After receiving the approved LCA, International Scholar Services will send the LCA to the Hiring Official. Instructions will be provided to assist the Hiring Official to meet DOL requirements.
The LCA will be posted in the Hiring Official’s department and at UND Human Resources for 10 working days.
Step 4 – Processing the H-1B Petition
International Scholar Services will prepare the H-1B petition. The Hiring Official and prospective H-1B employee must submit the following documents to International Scholar Services.
- Check for $500 Fraud Detection and Prevention Fee. This fee has to be paid by the UND Department hiring the employee in accordance with the H-1B Act of 2004. This is a mandatory fee for first time H-1B applicants at UND and H-1B transfers to UND. Your Department does not have to pay this fee for H-1B extensions (without any changes in employment). This fee must be paid by a separate check made out to the Department of Homeland Security.
- Check for various H-1B Fees. This check will contain up to 3 fees. The Department must pay the H-1B fee of $325 in accordance with the H-1B Act of 2004. If applicable, you can add the $290 H-4 dependent fee to this check. Moreover, if you decide on paying the Premium Processing Fee, you can add $1,225 to the check. It is highly recommended to expedite the H-1B with Premium Processing.
- A completed H-1B/H-4 Worksheet.
- Letter from the Hiring Official to the US Citizenship & Immigration Service attesting to the requirements of the job position. The letter verifies the offer of employment and salary offered to the individual.
- Contract for Employment.
- Copies of all of the individual’s university diplomas and transcripts (in English). English translations can be requested from World Education Services.
- Copy of the individual’s Curriculum Vitae.
If applicable, Medical Resident Documentation:
- North Dakota State Board of Medical Examiners Current Post-Graduate Training License
- Educational Commission for Foreign Medical Graduates (ECFMG) Certificate
- United States Medical Licensing Examination Step 1, Step 2, and Step 3 Passing Score Reports.
- If applicable, copies of Licenses required for employment, such as FAA License.
- Copy of current Passport Photo and Information Pages for H-1B applicant (and any H-4 dependent applicants)
- If applicable, copy of current U.S. Visas for H-1B applicant (and any H-4 dependent applicants)
- If applicable, copy of current Form(s) I-20 for International Students, Form(s) DS-2019 for J Exchange Visitors, or Form(s) I-907 for H-1B employees (and any H-4 dependent applicants)
- If applicable, copy of current US Employment Authorization Card.
- If applicable, copy of current Form(s) I-94 (front and back) for H-1B applicant (and any H-4 dependent applicants)
If applicable, copies of all past United States nonimmigration paperwork. This paperwork may include:
- Form(s) I-20 A/B for F-1/F-2 international student status
- Form(s) I-20 M/N for M-1/M-2 international student/trainee status
- Form(s) DS-2019 for J-1/J-2 Exchange Visitor status
- Waiver (Letter of No Objection) for J-1/J-2 Two-Year Home Country Physical Presence Requirement
- TN Visas (Front and Back of Form[s] I-94)
- All old and new U.S. visas from passports (i.e., F-1, F-2, H-1B, H-4, J-1, J-2, M-1, M-2)
- Form(s) I-797 (Previous H-1B Approval Notices from USCIS)
- USCIS Employment Authorization Card(s)
- If applicable, copy of U.S. Social Security Card
- If applicable, copy of last 3 pay statements from current employer.
- If applicable, copy of Marriage Certificate (in English)
- If applicable, copy of child(ren)’s Birth Certificates (in English)
Step 5 – Petition Processing at US Citizenship & Immigration Service
It takes 4 to 5 months for the USCIS to review and approve H-1B petitions.
It takes about 15 days for the USCIS to review and approve H-1B petitions that include the Premium Processing Fee.