We welcome non-U.S. workers for tenure-track faculty, long-term academic researchers and professional staff.
The H-1B visa category is a temporary work visa for non-U.S. workers in job position that requires at least a bachelor’s degree. The H-1B is typically used for tenure-track faculty, long-term academic researchers, and professional staff. In order to obtain an H-1B for an employee, the employer must document the appropriateness of the wages to be paid, the duties and responsibilities of the position to be filled, and the employee’s qualifications to fill that position.
The employer must pay the potential H-1B employee the Prevailing Wage (or higher) as determined by the U.S. Department of Labor (DOL). International Scholar Services will assist you in obtaining a Prevailing Wage Determination (PWD) as part of the H-1B process. If the PWD comes back from the Department of Labor at a wage that you are not willing to pay, then you will not be able to obtain an H-1B for the potential employee.
The employer can request an H-1B for an employee for up to 3 years at a time. However, one can be in H-1B status for a maximum of 6 years.
The individual can work ONLY in the position that has been described in the H-1B petition and approved by the U.S. Citizenship and Immigration Service (USCIS). ANY changes in employment status, including job title, transfer to another department, change in full-time vs. part-time status, or termination require the prior review of International Scholar Services to ensure compliance with H-1B regulations.
A routine H-1B petition can take 8 to 12 months to complete and gain approval by the USCIS. About 3 months of this time is spent complying with requirements of the DOL, concerning gaining a PWD and then certification of a Labor Condition Application (LCA). Following DOL certification of the LCA, the H-1B petition is submitted to the USCIS. USCIS can take 8 to 10 months to approve a routine H-1B petition. USCIS approval can be accelerated by paying a $1,410 Premium Processing Fee. USCIS then guarantees a response within 15 business days of receipt of the petition, or you get your fee back.
The employer is liable for the cost of return transportation to the alien’s home country if the alien is dismissed for any reason. Therefore, the hiring department should apply for only the time period for which funding is guaranteed.
H1-B Application Procedure
Academic Affairs Office (AAO) is responsible for processing all H-1B employment petitions for the University of North Dakota.
Requesting an H-1B
A. Fill out and submit the PDF form and submit to the Academic Affairs Officer (Heather Wages).
- Once Academic Affairs has received your request you will be emailed an invoice. A
department employee with funding signature authority should reply to the email to
authorize the transfer. We will no longer be using Journal Entries.
- Federal filing fees are as follows: The Department must pay the H-1B Petition Fee of $460 and the Fraud Detection and Prevention fee of $500 in accordance with the H-1B Act of 2004. The Fraud fee is only applicable to the initial H-1B, not renewals. Moreover, if you decide on paying the Premium Process Fee, you must add $1,410 in another check. Depending on business need, it may be recommended to expedite the H-1B petition with Premium Processing. Employees are responsible for the $370 H-4 Dependent filing fee, payable by check to the U.S. Department of Homeland Security. For detail on check payee requirements, please contact AAO.
- The base processing fee for each H-1B petition is $2,000. These are non-refundable fees!
- Employees: Pay Dependent Immigration Federal and AAO Processing Fees. This step must be completed or the Dependent petition will not be submitted.
B. Deemed Export Attestation - Export Control
- The requesting Departmental Sponsor is required to fill out the Export Control Screening Questionnaire and submit the completed form to:
Export Control Officer, Michael Sadler
This worksheet will provide the necessary information to make an initial determination of whether a license may be required. The Export Control Officer will then provide this determination to the Academic Affairs Specialist so that they can check the correct box in Part 6 of the H-1B Petition.
In submitting an H-1B petition for a foreign national employee, UND must attest that it has evaluated whether the particular employee triggers export license requirements under federal law, including the International Traffic in Arms regulations (ITAR) and Export Administration Regulations (EAR). Specifically, the question is whether UND will require a U.S. government "deemed export" license to release technical information to the foreign national.
A "deemed export" is a release of protected science or technology information to a foreign national under ITAR and EAR, as the release is considered an “export” to that individual’s home country. For more information about ITAR and EAR, please consult the web sites of the U.S. government agencies responsible for their enforcement:
- Export Administration Regulations (EAR) Downloadable Files
- Export Administration Regulations (EAR) Deemed Exports
- The International Traffic in Arms Regulations (ITAR)
On each H-1B petition that UND files on behalf of a foreign national “beneficiary” (employee), UND must certify, with input from the relevant Sponsoring Department/Division, that it has reviewed the EAR and ITAR and has determined whether or not a U.S. Government export license is required to release controlled technology or technical data to the beneficiary/employee.
If our initial review determines that a license may be required, the Export Control Officer will work with you to complete an application for the appropriate deemed export license.
Labor Condition Application
AAO will create a Job Posting Notice which will be given to the Hiring Official’s department and at UND Human Resources. These departments will post the Job Posting Notice for at least 10 working days.
AAO 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, AAO will send the LCA to the Hiring Official. Instructions will be provided to assist the Hiring Official to meet DOL requirements.
Processing the H-1B Petition
After AAO acknowledges receipt of the H-1B request, and the department agrees to the current applicable fees, AAO will prepare the H-1B petition. The Hiring Official and prospective H-1B employee must submit the following documents to International Scholar Services.
- 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.
- Please submit the Wage Memo and Worksheet to AAO. Edits may be made tot he memo to fit your department.
General Employer Information
- Employer’s Full Legal Name
- Employer Address
- Worksite Address (if different)
- Name of Employer Contact with Email Address and Phone Number
- Name and Title of Employer’s Representative Authorized to Sign Forms
- Employer’s Federal Employer ID Number
- Year Established
- Current Number of U.S. Employees
- Current Number of H-1B Employees (if any)
- Employer’s Gross Annual Income (most recent year)
- Employer’s Net Annual Income (most recent year)
- Job Title/Detailed Job Description
- Minimum Educational Requirements
- Proposed Start Date d. Other Employees and Their Degrees in Same Position
- If Part-Time, Number of Hours Per Week
- Offered Salary
- List of Other Benefits Provided
- Work location address
Export Control Compliance Attestation*
- License is not required to release controlled technology or technical data to foreign person. Yes or No?
- License is required and employer will prevent access to controlled technology or technical data until getting license to release it. Yes or No?
*Please note that USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have: (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination whether an export control license is required to release any controlled technology or technical data to the foreign national.
U.S. law prohibits the “export” of controlled technology and technical data to certain foreign nationals located within the United States, even if the company does not engage in any other exporting activities.
If an export license is required, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker. We need to make sure that you do no make a misrepresentation on Form I-129. Export classifications and licensing determinations can be complex. If you are unsure whether the EAR and ITAR applies, you should consult with an attorney who has expertise in export control law to make the determination on which box to check.
Employee's Responsibility for Personal Documentation
Employees are required to fill out the H-1B Employee Worksheet in addition to providing the following documentation, as applicable:
- 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.
- 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 for F-1/F-2 status.
- Form(s) I-20 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; or any other USCIS notices received.
- TN or E3 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, three copies of your two most current Pay Statements (If you are currently, legally employed in the United States).
- If applicable, current W-2 form (If you are currently, legally employed in the United States).
- If applicable, a copy of your U.S. Social Security Card.
- Copy of your Birth Certificate with English Translation.
- If applicable, current US address or foreign address.
Copies Requested - Keep Originals
From H-1B Employee
- Immigration Status
- Most recent I-94 Arrival/Departure Card
- Passport pages (identity page, all entry and exit stamps, and visas)
- USCIS notices received (Form I-797)
- Forms I-20 (only if you had F-1 student status)
- Forms DS-2019 (only if you had J-1 exchange visitor status)
- Current or any previous Employment Authorization Document (EAD)
- Academic/Professional Credentials
- U.S. and foreign college and university degrees and transcripts
- Academic equivalency evaluation if last degree earned outside U.S.
- Current resume/CV and employment verification letters (if available)
- If license required for the occupation, evidence of licensure
- Other Information
- First entry and last entry dates into the U.S. and place of entry
- Social Security Number m. Foreign address
- Current U.S. address
- If currently employed, two most recent pay stubs
From H-4 Dependent Family Member/s in U.S.
- Each I-94 Arrival/Departure Card
- Passport (identity pages, entry and exit stamps, and visas)
- Other immigration approval notices
- Marriage certificate (with English translation if needed) e. Children’s birth certificates (with English translation if needed)
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.
Petition Processing at U.S. Citizenship & Immigration Service
It takes 4 to 5 months for the USCIS to review and approve H-1B petitions.
As of February 2018, USICS regular processing times for Change of Status H-1B Petitions is 5-6 months.
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.)
Permanent Resident Status Through UND Sponsorship
A UND department intending to retain a foreign national employee on a permanent basis may sponsor the employee for permanent resident status. Permanent Resident Status, commonly referenced as a "Green Card," authorizes someone to live and work in the United States on a permanent basis.
Full-time tenured and tenure-track faculty, researchers, and benefitted staff are eligible for sponsorship (referred to collectively as “employees”). All foreign nationals must be employed by UND for at least four (4), consecutive years, among other criteria (see Guidelines below), before they can be considered for permanent residence sponsorship. Furthermore, all employees must receive signature approval from their department, college Dean/supervisor, and the Provost for sponsorship. Employees holding temporary or term positions such as part-time faculty, non-tenure track faculty, non-exempt staff positions, postdoctoral appointments, lecturers, graduate teacher or researcher’s positions are not eligible for permanent residence sponsorship. Faculty in grant-funded positions will generally not be eligible for sponsorship.
The permanent residence process is complex and lengthy, potentially taking up to 12 months or more to complete, depending on the case and federal government processing times. The department and employee are responsible for providing the State Attorney General (“SAG”) appointed immigration attorney all requested information for processing the case. For legal services provided to UND as a state institution, the University is required to use a SAG appointed attorney. The appointments are made on a continuing basis to handle specific matters, e.g. immigration. Departments and employees may not use other outside counsel for UND sponsored cases.
The University is responsible for the cost of the Labor Certification. The remaining costs are the responsibility of the employee.
To initiate the Permanent Residency process for either a faculty or staff employee, the department must submit the Request for Employment of a Foreign National form. Note: If you are have trouble with the online form, please download the PDF form and submit to the Academic Affairs Specialist (Casey Hoffman).
After confirming the candidate’s eligibility, Academic Affairs will schedule a teleconference between the SAG appointed immigration attorney, department chair, and employee.
Forms, Guideline and Flowcharts
- Request for Sponsorship of a Foreign National Employee
- UND Guidelines for Employment-based Permanent Residency Sponsorship Eligibility
- Outstanding Professor/Researcher Eligibility Guidelines
- Sponsorship Process Flowchart
- Labor Certification (PERM) Process: Teaching Positions
- Labor Certification (PERM) Process: Non-teaching Positions
- Permanent Residency Cost Breakdown