Office for International Students and Scholar

H1-B VISA QUESTIONNAIRE

DIRECTIONS:

An H-1B visa is a temporary work visa for positions that require a person with a minimum of a four-year college degree and the person filling the position must have at least a U.S. four-year bachelor's degree or the equivalent of an U.S. four-year bachelor’s degree. An H-1B visa can be obtained for an initial period of three years with a three-year extension. After being on an

H-1B visa for six years, a person must leave the U.S. for one year before obtaining a new H-1B visa. There are some exceptions to the six-year maximum stay for H-1B visas. For more information, please click here.

Please complete the questionnaire and return to:

Office for International Students & Scholars, 413 Academy St., University of Delaware, Newark, DE 19716-6410.

The questionnaire can be returned via e-mail () in Word format, via mail and/or in person. The requested documents should be delivered in person or via mail (campus or regular). No application will be processed without this completed questionnaire. Note: It is possible to type within the box where the solid line is indicated.

SECTION 1: FROM THE DEPARTMENT

Date
Full name of the Department
Address of Employment
Name of Contact Person in Department
Telephone & Fax # for Contact Person
E-mail address for Department Contact Person
Advisor’s Name /email (if any)
Is this a new petition, an extension or a transfer?
Location of job if other than Newark, DE
Degree required for this position
Proposed job title
Proposed job short description
Is this a full or part-time position?
Salary (if part-time: hourly wage)
Proposed H-1B start date
Is this Position is Governed by a Collective Bargaining Agreement (CBA)
Length of Employment (up to 3 years)
Is the applicant in the U.S.?

SECTION 2: INFORMATION ABOUT THE POSITION (TO BE COMPLETED BY DEPARTMENT)

**Note: This section is only required if the position is not governed by a collective bargaining agreement**

This information is sent to the Department of Labor for them to evaluate the job and determine that the wage being offered is equivalent to the wage we would offer a US worker.Please include information regarding the job NOT the scholar. It is very important to only state the MINIMUM requirements for the job. The more requirements we put, the higher the wage will come back. If the prevailing wage comes back high, you are required to pay at least the prevailing wage if the H-1B process is going to continue.

Number of hours of work per week
Hourly Work Schedule
Job Title of Supervisor
Does this position supervise the work of other employees?
If yes, number of employees worker will supervise
Job duties – A description of the job duties to be performed
Will travel be required in order to perform the job duties
If “Yes”, please explain the travel requirements
Are there any other working conditions that affect the rate of pay?
If “Yes”, please specify the working conditions.
Education: minimum diploma/degree required (Bachelors, Masters, PhD, Other degree)
If “Other degree”, specify the diploma/degree required
Indicate the major(s) and/or field(s) of study required
Is a second U.S. diploma/degree required?
If “Yes”, indicate the second U.S. diploma/degree and the major(s) and/or field(s) of study required
Is training for the job opportunity required?
If “Yes” specify the number of months of training required
Indicate the field(s)/name(s) of training required
Is employment experience required?
If “Yes”, specify the number of months of experience required
Indicate the occupation required
Special Requirements - List specific skills, licenses/certificates/certifications, and requirements of the job opportunity.
Worksite address
Will work be performed in multiple worksites within an area of intended employment or a location(s) other than the address listed above?
If Yes, Please Specify

SECTION 3: DOCUMENTS NEEDED FROM DEPARTMENT

Complete questionnaire (Department + Employee)
International Service Fee: Department Fee Payment Form
Support letter from department (three copies, one must be original) – please refer to sample letter
If the position is not governed by CBA, the department must include a clear explanation of the system that they used to determine the 'actual wage'. (e.g., wage/salary range for the position and the pay differentials for various factors such as education and job experience).The documentation need only be detailed enough that a third party can understand how the department applied its pay system to arrive at the actual wage for this position. (see instruction)
Export Control Certification Form (click here for more info.) Must be approved by the Research Office before sending it to OISS
Checks payable to “U.S. Department of Homeland Security” – for $325 for H-1B filing fee
Check payable to “U.S. Department of Homeland Security” for $500 – Antifraud and theft fee (mandatory if application is for initial H1-B status entry to the US or changing employers with H1-B status)
For Premium processing requests, a checks payable to “U.S. Department of Homeland Security” for $1,225

H-1B fee specifics table

Fee type / Amount / Separate check? / Who must pay?
I-129 Base Fee / $325 / Separate check / Employer
Anti-Fraud Fee / $500 / Separate check / Employer
Premium Processing Fee / $1,225 / Separate check / Employer or (employee if requested for personal reasons)
Service Fee / $250 / Separate check, Cash or Form / Employer


SECTION 3: INFORMATION ABOUT FOREIGN NATIONAL

Last (family) name / First (given) name
Full Middle name (if any) / Gender
Current Address
Permanent Address outside the U.S.
Telephone & fax / E-mail
Date of birth / Country of citizenship
Province & country of birth / Social Security #
Date last entered the U.S. / Admission Departure number I-94 (white card)
Current immigration status / Date of status expiration
If you have previously received an EAD card (employment authorization document)
The Alien number (A#) / EAD number
If you were previously on a J or F status, SEVIS #
Passport
Country issuing passport / Date Issued
Passport Number / Expiry Date
Please answer the following questions:
If you are not in U.S./or if you plan to travel, at what US Consulate will you pick up the H-1B visa?
If you are planning a trip outside the US within the next 6 months please explain:
Do you have a valid passport? / If not, explain
Are you filing for H-4 visa for dependents? / If yes, how many?
Are you in exclusion or removal proceeding? / If yes, explain
Has an alien labor certification been filed for you? / If yes, provide name of sponsor
Has an immigrant visa petition (I-140 or I-130) been filed for you? / If yes, provide copy of the I-797
Have you been granted an H-1B visa within the past 7 years? / If yes, explain
Have you ever been denied an H-1B visa?
If you were ever on a J visa, please give history
Give history of all H1-B/H-4 visa status
Validity Date / Name of Petitioner

SECTION 4: DOCUMENTS NEEDED FROM FOREIGN NATIONAL (Submit Three (3) Copies of Each Document)

Updated resume including all education and experience
Copies all academic degrees (degree certificates, letter of degree completion from university registrar if degree certificate is not available, and transcripts, if available)
Evaluation from a professional credential agency for foreign degrees and when education/experience equivalency is to be used. Evaluation is usually not needed if you have a degree from a U.S. university.
Copies of certificates for relevant professional training
Copy of professional license, if applicable
Copies of letters documenting relevant experience, if available
A history of immigration status in the U.S.
Copies of all USCIS documents to show that all your stay in the U.S. has been in legal status (1-20s, EADs, DS /IAP-66, H-1B approval notices, etc.)
If foreign national had a J-1/J-2 visa with a two year foreign residence requirement, a letter from USCIS approving the I-612 waiver application.
Copy of updated passport (pages containing personal information, expiration date and all U.S. visas) and readable copy of latest I-94 (white card received when last entered U.S.)
Readable copy of latest I-94 (white card received when last entered U.S.)
If on H-1 B visa, three of your most recent pay statements from current employer.
If on F-I or J-1, letter from school or institution that issued I-20 or DS2019 confirming your current status.
If your academic credentials are from a foreign educational institution, they will have to be evaluated prior to filing the H1-B application. The companies listed below are reputable and we have great success with the evaluations:
Globe Language Services (for regular academic evaluations)
(http://www.globelanguage.com)
319 Broadway
New Your, NY 10007
Tel: 212-227-1994 / Fax: 212.693.1489
E-mail: / Foundation for International Services (for education/experience & academic evaluations) (http://www.fis-web.com)
14926 35th Ave. West, Suite 210
Lynnwood, WA 98087
Tel: 425-487-2245 / Fax: 425-487-1989
Email:

SECTION 5: H-4 VISA FOR FAMILY MEMBERS IN THE U.S. (If needed)

If H-4 visas for family members (spouse and children) who are physically present in the U.S. are needed, please obtain Form I-539 from the Office of Foreign Students & Scholars or www.uscis.gov. Complete it, have it signed by your dependent, and return with completed questionnaire. If family members are outside the U.S., they can obtain H-4 visas at the appropriate U.S. Consulate after the H-1B visa is approved.

Full Name of Dependent / Relationship (spouse, son, daughter)

SECTION 6: DOCUMENTS NEEDED FOR EACH FAMILY MEMBER

Form I-539 (completed and signed by the main dependent (you only need one form for all dependents). Form is only needed if dependent(s) are changing status in the U.S. http://www.uscis.gov/files/form/i-539.pdf
Check for $290 payable to “US Department of Homeland Security” for application for change of status or extension of stay for family members. Only needed if dependent(s) are changing status in the U.S. One check includes all dependents.
Immigration history of each family member with immigration status and dates in U.S.
Copies of the pages from passport containing personal information, expiration date, and U.S. visas
All USCIS documents to show that each dependent’s stay in U.S has been in legal status, such as prior H-4 approvals, I-20s for student visa, DS-2019s (formerly IAP66s) for J-1/J-2 visas, and any EADs (employment authorization cards), etc.
If dependent is in status, please give copies of all spouse’s/parent’s H-1B approval notices for all time on H-4 visa and USCIS papers for spouse/parent to show spouse’s /parent’s status in the U.S has been legal.
Form I-94 for each dependent family member (white card you received when you last entered the U.S.).
If spouse and /or children have worked while in U.S give name and address of employer, title of job, and dates of employment.
Copies of marriage certificate for spouse and birth certificate for dependent children to show relationship between H-1B visa holder and dependent. Include English translation is needed.

(Revised 02-18-2013)

Office for International Students & Scholars, 413 Academy Street, Newark, DE 19716-6410

Tel: (302) 831-2115, Fax:(302) 831-2123, E-mail:

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