H1B Visa Applications

Criteria:

(i)(A)Types of H-1B classification. An H-1B classification may be granted to an alien who:

(1) Will perform services in a specialty occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a baccalaureate or higher degree or its equivalent as a minimum requirement for entry into the occupation in the United States, and who is qualified to perform services in the specialty occupation because he or she has attained a baccalaureate or higher degree or its equivalent in the specialty occupation;

(2) Based on reciprocity, will perform services of an exceptional nature requiring exceptional merit and ability

Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

PLEASE READ FIRST

The hiring department is responsible for contacting the Foreign National Specialist in Human Resources for new or renewing H1B Visa Processing.

Application for a visa is NOT a guarantee that one will be given

The University of Montana is the “owner” or petitioner, the Foreign National is the beneficiary. H1B Visa’s are not transferable either to The University of Montana or out of The University of Montana.

Normal “regular” processing time takes 3-4 months, if the department elects to use the premium processing (additional $1225 fee) the time period after submission is approximately 15 business days.

Requests for additional Evidence (RFE’s) can add to the time periods.

Prior to submission, the Federal Labor Department requires ananalysis; this can take up to 8 weeks.

Please plan your timing accordingly!!

If the Foreign National is out of the country, they must make an appointment with a US Consulate prior to arriving to update (or apply) their passport. The appointment cannot be made at the Consulate until after the H1B approval has been received.

Departments are responsible for the cost of returning a non-immigrant employee to their homeland if they are terminated, their work ends or their visa expires while employed and renewal is not desired. Upon expiration there is a ten (10) day grace period before the foreign national is required to leave the country.

The H1B Visa is place, employer and income specific. Thus if there are any modification to any of the above, the Foreign National Specialist must be notified immediately to determine if an amendment to the application is necessary

Departmental Responsibilities:

The hiring authority of the department must provide the following (copies are acceptable):

  1. Letter of offer to Hire or extension of current position on departmental letterhead, addressing –
  2. Position description
  3. Rate of Pay
  4. Union or Non-union Affiliation
  5. Duration of employment
  6. Scope of position requirements
  7. Non-technical job description
  8. Provide an Index number for application fees which consist of the following:
  9. $500.00 Processing fee
  10. $325.00 application fee
  11. $500.00 security fee for non-renewing H1B application
  12. $1225.00 for Premium Processing if applicable
  13. Legal Review Fee to be determined if applicable
  14. Provide an Index number for mailing costs

Beneficiaries Responsibilities:

Each of these documents must be of the original and an English translation if applicable

  1. Copies of:
  2. Current Passport and Visa
  3. Current CV (Resume’)
  4. Academic Credentials and transcripts of each credential BA and Higher
  5. Home country contact address and phone number if outside the US
  6. Contact address and phone number if within the US
  7. Social Security Number, if beneficiary does not have one, application materials may be requested from the Foreign National Specialist.
  8. Nearest US Consulate or Embassy address and phone number if beneficiary is outside the US
  9. Provide birthplace and country and date

Upon USCIS approval, the Foreign National Specialist will contact both the department and the beneficiary. The original document will be forwarded to the beneficiary to include in the paperwork necessary for the appointment with the consulate. Upon arrival the University both the beneficiary and the departmental contact shall make an appointment to meet with the Foreign National Specialist.

Revised 1/03/2014