H-1B Checklist
For Hiring Departments and International Employees
Phase 1: Hiring & Initial Department Preparation
Position Determination
Ensure the position qualifies as a “specialty occupation” (typically requires at least a bachelor’s degree in a specific field). Confirm it's a full-time staff/faculty position, not temporary/adjunct unless renewable.
Offer Letter
Provide a formal offer letter with job title, salary, duties, start date, and duration. Work with HR for hiring.
Note: ISSS ≠ HR.
Department Contacts ISSS
Notify ISSS of intent to sponsor an H-1B.
Phase 2: Documentation & Internal Review
Department Submits H-1B Request Packet to ISSS
Include:
- Official job offer letter.
- Position description.
- Hiring proposal.
Employee Provides Documents
- Passport ID page.
- Current and previous U.S. immigration documents (I-94, DS-2019, F-1 EADs, etc.).
- Resume/CV.
- Diplomas and transcripts (must include degree evaluation if foreign).
- Current visa status info (if transferring/changing status).
Wage Determination
HR & ISSS conduct a prevailing wage analysis to ensure salary meets U.S. Department of Labor standards. Departments should look for email from ISSS, Subject: "ISSS Immigration - Labor Condition Application material..."
Phase 3: Labor Condition Application (LCA)
ISSS Immigration Attorney Files LCA with Department of Labor
- Requires public posting (Notice of Filing) at the worksite for at least 10 days. Departments should look for email from ISSS, Subject: "ISSS Immigration - NOF LCA H-1B..."
- ISSS immigration attorney prepares and files LCA online.
Wait for LCA Certification
- Typically takes 7–10 business days.
- USC must comply with wage and working condition attestations.
Phase 4: H-1B Petition Filing
ISSS Immigration Attorney Prepares Form I-129 H-1B Petition
Compiles:
- LCA approval.
- Forms I-129, I-129 H Supplement, I-129 Data Collection.
- Employer support letter.
- Employee documentation (passport, credentials, immigration history).
- Filing fee checks (see below).
Department Provides Required Fees
- $460: I-129 Base Fee (mandatory)
- $500: Anti-Fraud Fee (first-time H-1B at USC)
- $2,500: Optional Premium Processing (to expedite adjudication)
- Optional: $1,500 ACWIA fee (may apply to for-profit entities; USC often exempt)
Petition Mailed to USCIS
ISSS immigration attorney files petition with correct USCIS service center.
Phase 5: Petition Processing & Approval
Receipt Notice (Form I-797C)
Issued ~1–2 weeks after USCIS receives the petition. Confirms H-1B case is in process.
USCIS Adjudication
Standard processing: 2–6 months.
Premium processing: 15 calendar days.
Possible outcomes:
- Approval (Form I-797 Approval Notice)
- Request for Evidence (RFE) – if more info needed.
If Outside U.S.: Visa Stamp Process
If employee is abroad, they must use the approval notice to apply for an H-1B visa at a U.S. embassy/consulate before entering the U.S.
Phase 6: After Approval
ISSS Immigration Attorney Notifies Employee
Provides copy of the I-797 Approval Notice. Employee may begin H-1B employment on or after the approval start date.
Update I-9 and HR Records
Use I-797 Approval Notice to update employment verification documents. This is an HR process; they will be in touch.
Additional Notes
Timing
Start process 4–6 months before the desired employment start date. Deadline: March 15 for August 16 start date. Hiring proposals submitted after this date will be subject to fees and/or delayed employment and tenure clock start.
Portability
Current H-1B holders may begin work at USC after USCIS receives the petition (“porting”).
Extensions
Must be filed before current H-1B expiration; max duration typically 6 years.