H-1B for Staff
H-1B Temporary Worker Status for Staff
The H-1B temporary worker status allows foreign nationals to work in the United States in a specialty occupations for a period of up to six years. A specialty occupation is one that requires a baccalaureate or higher degree. Application fees are not paid by Human Resources or by the applicant. Typically, the academic department pays the fees. Currently, application fees for the initial H-1B are $820.00.
Dependents can hold H-4 status during this time. Dependents in H-4 status may not work, but may attend school part-time or full-time.
OIP will help process the H-1B petition if your employee:
- Is outside the U.S.,
- In the U.S. in a different visa category,
- Already holds this visa category at another institution and will be transferring to Loyola, or will be concurrently employed at both institutions.
- Already holds this visa category through Loyola and needs an extension or has a change in job specifications
- Note: New international employees might begin their employment in a different status, such as F-1, provided they have obtained some other work authorization such as Optional Practical Training and then transition to an H-1B.
Unless the new employee is already in H-1B status, approval from USCIS can take up to 4 months. Petitions can only be submitted not more than 6 months prior to the employment start date. If the appointment is urgent, the hiring department (or employee) may need to pay additional fees for premium processing ($1000).
**If there is any change in the beneficiaries’ status, or if the position will not be continued please complete the (H-1B Beneficiary Notice of Change). As required by U.S. Department of Labor regulations, OIP will withdraw the H-1B within 30 days of the end date reported on the (Notice of Change form).
Process of applying for H-1B
- Hiring Department downloads and fills out the H-1B request forms, prepares H-1B employment letter, requests check for processing fees and contacts OIP with any questions (H Request Forms for department only)
- OIP provides employee with employee forms to complete and have these forwarded to OIP (H Request Forms for H-1B worker only)
- OIP prepares the Prevailing Wage request and the Labor Condition Application (LCA)
- OIP e-mails the LCA to the department
- Department posts LCA for 10 days
- Department returns LCA and posting form to OIP (Notice of Filing)
- OIP prepares H-1B petition and mails to USCIS
- When USCIS approval notice is received (I-797A) OIP notifies the department and the employee as well as Human Resources.
- OIP provides a copy of approval notice and original I-94 to employee and instructions on how to obtain a visa should the employee choose to travel outside the United States.
Please contact Tami Renner (email@example.com, 773-508-6080) in the Office of International Programs for more information