H-1B Visa Instructions
Instructions to Departments
The initiating department at NC State must initiate the H-1B visa request. The H-1B packet must be submitted to International Employment (IE) as far in advance as possible (4-6 months preferred) to ensure timely processing. IE will accept the H-1B packet and begin the petition process when all materials are submitted.
Please contact the International Employment Manager at 919-515-4518 immediately if you are trying to sponsor someone for an SPA position, before you begin to prepare any paperwork. There are some SPA positions that do not qualify for H-1B status, and we will not be able to provide immigration sponsorship for those positions, regardless of the educational and experience credentials of the candidate.
H-1B packet checklist includes
- H-1B Visa Request Form (complete with all appropriate signatures).
- $325 check for the general filing fee. MUST be paid by department.
- $500 check (anti-fraud fee) for all initial H-1B petitions. Petitions filed to amend or extend a period of stay in H-1B status are not subject to this fee. MUST be paid by department.
- $1225 check (optional) premium processing filing fee. Premium processing guarantees a 2-week process with US Citizenship and Immigration (USCIS) instead of the normal 4-7 month wait. Any person can pay this fee; does not have to be paid by department.
- All fees must be on separate checks and made out to:
Department of Homeland Security
California Service Center
24000 Avila Road
Laguna Niguel, CA 92677 - Prevailing Wage Request Form
- Actual Wage Determination Form
- Completed, signed Sponsor Letter (sample) to USCIS
The letter is separate from the official, original appointment or the offer letter, and does not have to coincide with appointment dates. It is for H-1B time period requests to USCIS only. - Copy of offer letter, signed by department and new employee
- Copy of EPA Personnel Action Form. Do not create a new form for the H-1B; please send a copy of the EPA form that was used to create the original position.
- Notice of Intent to Employ an H-1b nonimmigrant. The department will need to post two notices of intent to hire. These must be posted for 10 business days in places near the location of employment (e.g., bulletin boards). These notices are placed after IE obtains the Labor Condition Application approval. IE will let you know when to post.
- Copy of foreign national beneficiary's resume/vita
- Copy of foreign national beneficiary's degree and transcripts. If non-US degree, it must be translated and evaluated by credentials evaluation service
- Copy of current and past I-94 forms, passport data page, visas, prior I-797 approval notices, I-20s, and IAP-66/DS-2019s.
- Individuals who are already in H-1B status with a different employer must also provide recent paystubs from that other employer to show proper maintenance of H status.
- Individuals who have previously been in the US on a J-1 visa may be subject to 212(e), a 2-year home residency requirement, and are required to obtain a waiver.
Note: The end date in the letter must not be shorter than the end of the time period requested for the H-1B Visa.
Once IE has these documents, they will proceed with the Labor Condition Application (LCA), which is filed with the Department of Labor (DOL) and governs the time period requested for the H-1B.
If an H-4 will be processed simultaneously, the following documents are needed for spouse and dependent(s):
- Form I-539 with attached filing fee of $290 in the form of a personal check from the foreign national beneficiary or a money order
- Passport data page(s), visa(s), and copies of all prior immigration status documents
- Marriage certificate
- Birth Certificate(s)
Note: Dependent family members of the foreign national beneficiary (the spouse and minor children under age 21) of an H-1B beneficiary who are changing status within the US must file concurrently for a change of status to H-4 unless they have independent nonimmigrant status.
USCIS prohibits H-4s to work in the US. "Visiting Professor" status is not permissible for H-4s. Contact IE if there are questions about this. To file for H-4, the dependent should complete Form I-539. Information on additional dependents should be given on I-539 Supplement. Spouse and minor children not in the US may apply for H-4 dependent status at a US consulate after the H-1B principal has been approved.
Note: H-4 dependents do not have employment authorization and are not allowed to work.