Individuals hired for employment at ¶¶Òõ̽̽ in a specialty occupation may be eligible for H-1B visa status. A specialty occupation is defined as one that requires "theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree, or its equivalent, as a minimum requirement." It is an appropriate visa for all faculty appointments, physician appointments in the College of Medicine, and staff positions. All H-1B positions must require at least a bachelor's degree in a related academic discipline.

Eligibility note:  Consider the questions below.  If you answer 'no' to one of the questions below, please contact our International Scholar and Employee advising team at InternationalScholars@uvm.edu to talk through your situation. If you answered 'yes' to all questions above, please proceed with the instructions below.

  • Is this position full-time?
  • Is this position long-term, meaning 9 months or longer?
  • Does the employee have a bachelor's or higher degree in a discipline required for the position?

H-1B Application Process

Departmental Request

The H-1B process must be initiated by the hiring department through the OIE's online system. Requests should be made as soon as it is clear that there is a need for H-1B employment, preferably at least six months before the proposed start date. Please see our department instructions for using iStart.Ìý

Wage Determination

¶¶Òõ̽̽ is required to pay H-1B employees the higher of the prevailing wage or the actual wage. The prevailing wage is either the minimum base wage in a Collective Bargaining Agreement, or a wage set by the Department of Labor for the geographic area in which the employment will take place. The actual wage is the wage paid by ¶¶Òõ̽̽ to other employees in the same position with similar qualifications. The OIE will analyze the wage offered in light of these requirements and inform the department if any changes are necessary before proceeding with the H-1B.

Labor Condition Application

The OIE will file a Labor Condition Application (LCA) with the Department of Labor, attesting to ¶¶Òõ̽̽'s compliance with the requirements for H-1B employment. The H-1B employment is limited to the position described in the LCA. This is why it is crucial that departments provide accurate position details to the OIE contact us immediately if there are any changes in the employment post-approval.

Petition Submission

The OIE will submit an H-1B petition, filing fees, and supporting documents to the US Citizenship and Immigration Services. Approval of this petition will either change someone's status to H-1B if they are already in the US, change their employer if they are already in H-1B status, or provide eligibility to apply for an H-1B visa at a consulate abroad and be admitted to the US in H-1B status.

Visa Application (If Applicable)

Incoming employees who are not already living, working, or studying in the US are required to apply for an H-1B visa at a US consulate in their home country in order to travel to the US and begin working as an H-1B employee.Ìý

    Timeline

    Departments should make an H-1B request to the OIE 6 months prior to intended start date or date of status expiration when possible. Once the iStart submission is completed, generally it takes 8-10 weeks for the Office of International Education to prepare the H-1B petition. Upon filing, US Citizenship and Immigration Services then must adjudicate the petition, and if approved, the employee may not commence work until the hard copy approval notice arrives on campus or the employment start date, whichever is later. USCIS regular processing timelines are variable and most typically take between 2-6 months for initial adjudication. An expedited Premium Processing option is available for an additional filing fee. The Office of International Education may be unable to process cases with fewer than 2 months lead time from a submitted iStart request and in those cases, departments may need to alter a start date of employment  This is based on a range of different factors for a given client's case, and for clients already in the US may result in the need to travel. It is imperative to begin conversations with our office as soon as the likely foreign national hire is known.Ìý

    Costs

    Government filing fees for new H-1B petitions are $960 and legally must be paid by the employer. Case shipping fees may range from $25 to $100.Ìý Expedited processing through USCIS costs an additional $2,805, and is required in many cases. For some cases, a professional credential evaluation is necessary, which typically costs $85. Costs are borne by the hiring department.

    Post-Arrival Check-In with OIE

    All H-1B visa holders must formally check in with the Office of International Education on or before the first day of work. There are two parts to the check-in: An electronic set of forms the employee must complete prior to meeting with OIE staff; and an in-person appointment.

    During check-in process, the employee will:

    • Complete the I-9
    • Complete information for ¶¶Òõ̽̽ Tax Administration.  This form ensures that the foreign national is taxed properly.
    • Review the information related to maintaining H-1B status
    • Learn about the Social Security Administration when relevant for SSN application

    Using iStart (for departments)