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.
- If applicable, the current U.S. visa status of individual being hired. Please note the type of visa and expiration date (including, if applicable, the expiration date of F-1 Optional Practical Training).
- 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.
You should begin right away the requirement to contact and work with the UND Export Control Officer/Special Assistant to the Vice President for Research (John Miller, 777-2049 or 777-4278, Twamley Hall Room 103, email@example.com) concerning federal Export Administration Regulations (EAR) and International Traffic in Arms Regulations (ITAR). International Scholar Services will carry out the H-1B petition process (Steps 2, 3, and 4) while you gain the determination and approval of the UND Export Control Officer. All H-1B requests must go through this process. International Scholar Services will not finalize any H-1B petitions without the approval of the Export Control Officer.
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.
Hiring Official Responsibility
- Letter on Department Letterhead from Hiring Official to the US Citizenship & Immigration Service (Department of Homeland Security) attesting to the requirements of the job position. The letter verifies the offer of employment and salary offered to the individual. (Sample Letter)
- Copy of Contract Offer/Contract for Employment.
- A check for various H-1B fees. This check will contain up to 3 fees. The Department must pay the H-1B Petition 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 Process Fee, you can add $1,225 to the check. It is highly recommended to expedite the H-1B petition with Premium Processing. Provide International Scholar Services with a check made out to Department of Homeland Security, USCIS, California Service Center, Premium Processing, Attn: CAP Exempt H-1B Processing Unit, 24000 Avila Road, Room 2312, Laguna Niguel, CA 92607-3004. (If you opt for a routine H-1B petition, contact International Scholar Services for the correct address).
- A separate check for $500 to cover the 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 (same address as above).
Employee's Responsibility for Personal Documentation
- A completed H-1B/H-4 Worksheet.
- Copy(ies) 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, copy(ies) of Professional License(s), such as FAA License.
- Copy of current Passport Photo Page for H-1B applicant. Be sure that the current expiration date of your passport is included.
- If applicable, copy of your current Form I-94 (front and back). Make sure that the forms are clear and readable.
- If applicable, copies of all current and previous U.S. nonimmigration documentation. This might include:
- All old and current U.S. visas from passport (F-1, F-2, M-1, M-2, J-1, J-2, H-1B, H-4, etc.).
- Form(s) I-20 A/B for F-1/F-2 status.
- Form(s) I-20 M/N for M-1/M-2 status.
- Form(s) DS-2019/IAP-66 for J-1/J-2 status.
- USCIS Approval Notice (Letter of No Objection) to waive the J Exchange Visitor Program Two-Year Home Physical Presence Requirement.
- TN Visa(s).
- Form(s) I-797 Approval Notices (for previous and current H-1B and/or H-4 status).
- U.S. Employment Card(s), including for F-1 Optional Practical Training.
- If applicable, Medical Resident Documentation:
- Copy of current North Dakota State Board of Medical Examiners Post-Graduate Training License.
- Copy of Educational Commission for Foreign Medical Graduates (ECFMG) Certificate.
- Copies of United States Medical Licensing Examination Step 1, Step 2, and Step 3 Passing Score Reports.
- If applicable, copies of your last 3 Pay Statements (If you are currently, legally employed in the United States).
- If applicable, a copy of your U.S. Social Security Card.
Employee's Responsibility to Provide Dependent Documentation (If Applicable)
- Copy of Marriage Certificate (in English).
- Copy(ies) of Birth Certificates for Child(ren) born outside the United States (in English).
- Copy(ies) of current Passport Photo Pages for each family member born outside the United States (to include current expiration date of passport[s]).
- If applicable, copy(ies) of current U.S. visas for each family member (if residing in the United States).
- If applicable, copy(ies) of current U.S. nonimmigration documents for each family member (such as Form I-20, DS-2019, and Form I-797 for H-1B/H-4 status) if residing in the United States.
- If applicable, copy(ies) of current Form(s) I-94 (front and back) for each family member if residing in the United States. Make sure that the forms are clear and readable.
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. (This does not include mailing time to and from California.)