Requirements for H-1B Visa Petition

Effective January 3, 2006, the University Counsel’s Office has assumed responsibility for assisting current and prospective State-funded faculty and professional staff in preparing the necessary Department of Labor and U.S. Citizenship and Immigration Services (USCIS) documents to seek H-1B (Specialty Occupation) status.  The Office of Sponsored Funds Personnel of OHRM is available to assist current and prospective professional staff of the Research Foundation in preparing the necessary documents.  Listed below are the documents required in order to initiate the H-1B petition process with USCIS: 

1.      Form I-129 (including H classification supplement)--applicant to complete Part 3 (Information about Applicant) and Part 4 (Processing Information). The applicant can furnish this information by either completing our local H-1B Questionnaire (PDF fill-in format) or by accessing the form at U.S. Citizenship and Immigration Services’ web site at the following URL: http://www.uscis.gov/files/form/I-129.pdf

2.      Form ETA 9035, Labor Condition Application (prepared by Human Resources based on job offer letter). This includes a Prevailing Wage Determination for Research Foundation H-1B applicants (prepared by Sponsored Funds Personnel based on the description of duties from the department).

3.      Base filing fee of $320.00 payable to: U.S. Citizenship and Immigration Services. Also, effective March 8, 2005, there is a new Fraud Prevention and Detection Fee of $500.00 (separate check), which must be paid by petitioners seeking a beneficiary’s initial grant of H-1B nonimmigrant classification or for a beneficiary seeking to transfer their previously-granted H-1B status from another employer’s auspices to UAlbany’s sponsorship.  An additional fee of $1000.00 (separate check) is required if premium processing is being requested. Under premium processing, USCIS guarantees 15-calendar day processing of H-1B petitions as opposed to the normal 90 to 150-day processing time.

4.      Certification of highest degree (at least a Bachelors degree is required for H-1B status). Degrees from foreign institutions must be in English or include a certified translation and a certification of equivalency to a U.S. degree.

5.      Description of duties from department.

6.      Job offer letter.

7.      Letter from the department acknowledging liability for return travel costs if the alien is dismissed before the end of the period of authorized employment (URL for sample letter: H-1B Return_Transportation_Letter.doc).

8.      C.V. or resume.

9.      A copy of the applicant's passport and, if in the United States, copies of both sides of Form I-94 and copies of the following documents depending on current visa status:

a.      For J-1 visa holders, all previously issued DS-2019/IAP-66 forms. Form must show that applicant is not subject to the two-year residence requirement or, if subject to the requirement, that a waiver has been obtained from USCIS.

b.      For F-1 visa holders, all previously issued I-20 forms and, for those currently on optional practical training (OPT), a copy of the Employment Authorization Document (EAD) is also required.

c.      For H-1B holders transferring from another institution, a copy of the Approval Notice (Form I-797) for their current H-1B status and copies of last five pay stubs from the current employer to show continuous employment up to the time of filing by UAlbany.

d.      If the H-1B applicant is currently in the United States and is also filing for dependents, Form I-539 (Application to Extend/Change Nonimmigrant Status) must be completed and signed by the applicant's spouse. The filing fee for Form I-539 is $200.00 ($300.00 effective July 30, 2007). URL: http://www.uscis.gov/files/form/i-539.pdf

10.    Please refer to the appropriate category on our local Request for Documentation for H-1B Petitions checklist to be sure that you have provided all the necessary documentation relevant to your category.  The categories are as follows:

a.      J-1's changing status to H-1B.

b.      F-1's changing status to H-1B.

c.      Extensions of H-1B's.

d.      New H-1B petitions outside the United States.

e.      H-1B holders seeking employment at UAlbany.

a.      H-4's changing status to H-1B.

Return to Immigration and Visa Services Homepage