1. H-1B Work Visas
Presented by David Gowdey, Assistant Director of the Office of International Students and Scholars.
University of Nevada Las Vegas

2. The H-1B “Work” visa
As a University, UNLV is “Cap Exempt” Our rules are different from for profit companies.
Allows foreign nationals to work in a “specialty occupation” and reside in the United States for up to six years in three year increments.
Is requested/sponsored by a US Employer on behalf of an intended foreign national employee
The employer must submit a petition to the US Citizenship and Immigration Service (USCIS) that makes a case that the job meets the definition of a “specialty occupation,” that the employee has the required academic and professional credentials to do the job, and that they will be paid top dollar
USCIS adjudicates the petition and decides whether to approve or deny H-1B status.

3. The H-1B Process The job must meet the test for a specialty occupation
The beneficiary must have the required credentials for the job.
Salary must meet Prevailing and Actual Wage Analysis
OISS requests the Labor Condition APPLICATION from the Department of Labor
OISS prepares and submits the H-1B petition.
Specialty Occupation?
Credentials of Beneficiary?
Wage Analysis?
LCA
Posting Notice
Prepare and submit petition
USCIS response

4. Specialty Occupation
The job must fit a federal occupation classification that normally requires a bachelors degree or higher.
Even though UNLV may require a bachelor’s degree – the job itself may belong to a federal occupation classification that does not.
The job duties and requirements are what decide the job classification – not the UNLV title.
USCIS does not defer to the institution in deciding what constitutes a specialty occupation.

5. Wage Analysis
Salary Must Meet the US Government prevailing wage for clark county
Salary must meet the Actual Wage Analysis
Peers in the same department doing the same job, with the same credentials.
Department must pay the agreed upon salary.

6. Labor Condition Application (LCA)
Approved by the US Department of Labor
Outlines Terms of Employment (Title, Occupation category, PW, Salary, Location, Duration)
Is a binding labor contract on the institution
Must be amended if there is a substantive change in the terms of employment
Takes 7 working days to obtain
Once received, a posting notice must be placed in two locations for 10 working days.
Requires institution to pay for travel expenses home if they terminate employee Early

7. The h-1b petition
The form I-129 – questions correspond to the questions on the h-1B department request form
Supporting documentation is required to make the case that :
The job meets the criteria for a specialty occupation
The salary meets both Prevailing and actual wage
The beneficiary is qualified for the job
The beneficiary has been in legal immigration status
The beneficiary is eligible for H-1b status
Typical petition is pages

8. Uscis adjudication
From the time we submit, takes approximately 6 months for adjudication
Agency can approve, deny, or send a request for evidence (RFE)
Premium processing reduces the adjudication time to 15 calendar days
Beneficiary may not start employment (with exceptions for extensions and transfers) until h-1b is approved.

9. Sponsoring an h-1b at unlv
Department identifies candidate to hire pending evidence of legal right to work in us
Department completes the h-1B department request form in conjunction with beneficiary and submits to oiss with all supporting documentation. (The H-1B Request Form is on the ISS website at
Oiss does initial review of application and notifies department if there is a problem
Oiss completes wage analysis
Oiss requests lca
Oiss sends department and hr posting notices to be posted for 10 working days

10. Sponsoring an h-1b at unlv (cont)
Department completes deemed export form and submits, and department requests checks for uscis
Oiss prepares h-1b petition with supporting documentation
Oiss submits the h-1b petition with appropriate checks
Oiss notifies the beneficiary and department when approval notice is received
If beneficiary is abroad, they must go to the US embassy and obtain an h-1B visa.
Beneficiary provides copy of approval notice to department and hr for i-9

11. The H-1B Department Request Form

12. Employee documents Copy of unexpired passport identification page;
Copy of most recent I-94;
Copy of visa (such as H-1B, F-1 or J-1);
Copies of all immigration documents, whichever is applicable, for example, F-1 OPT EAD card, all I-20s, all DS-2019s, all approval notice(s) for H-1B/TN status;
Copy of waiver recommendation from the U.S. Dept. of State and/or waiver approval from USCIS if you are subject two year home residence requirement 212 (e) as J-1/J-2;
For H-1B transfer, employer verification letter with your current H-1B approval notice, previous 6 months’ pay-stubs from your current employer or most recent W-2;
Licensure if required by your job;
Copy of diploma of the highest degree earned; if not in English, attach a copy of English translation;
Copy of transcript of the highest degree earned; if not in English, attach copies of English translation and evaluation;
Copy of most recent resume.

13. H-1b timeline ACTIVITY TIME REQUIRED INITIAL REVIEW 1 WEEK
WAGE ANALYIS
LCA
2 WEEKS
POSTING NOTICE
PETITION PREPARATION AND SUBMISSION
USCIS ADJUDICATION
4-6 MONTHS
TOTAL
6-8 MONTHS

14. Miscellaneous h-1b topics
240 day rule.- provided a petition has been filed in a timely manner, H-1b extensions and transfers are permitted to work and reside in the us for up to 240 days while their case is being adjudicated by uscis
Amendments- required if there is any material change in employment
Transfers and extensions – prepared like any other h-1b petition
Travel – must have a valid visa to return to the us, may not travel while h-1b petition is pending.
212(E) 2 YEAR HOME RESIDENCE REQUIREMENT FOR J-1 SCHOLARS (WAIVER OR HOME RESIDENCE)