International Center

H-1B frequently asked questions

The H-1B process

How much does the H-1B petition cost?

U.S. Citizenship and Immigration Services (USCIS) charges $325 to file the H-1B petition, along with a $500 anti-fraud fee for initial H-1B petitions. The International Center charges a fee of $800. These fees must be paid by the hiring department.

Summary of H-1B fees

Amount	Description	Charged by	Paid by
$800	International scholar services fee	MU International Center	Department
$325	I-129 H-1B application fee	U.S. Citizenship and Immigration Services (USCIS)	Department
$500	H-1B anti-fraud fee for initial petitions only, not extensions or amendments	U.S. Citizenship and Immigration Services (USCIS)	Department
$1,225	Optional premium processing fee	U.S. Citizenship and Immigration Services (USCIS)	Paid by either department or scholar
$290	I-539 H-4 application fee	U.S. Citizenship and Immigration Services (USCIS)	Scholar

How do I start the H-1B process?

An H-1B visa is an employer-sponsored visa. The International Center must receive a request from the hiring academic department to submit the petition. The International Center will work with the department to submit an H-1B petition to USCIS in order to receive an H-1B approval (notice of action form I-797, for class type H-1B), which will give dates of authorized employment. This authorizes MU to employ scholars in H-1B status. Every scholar must obtain an H-1B visa from a U.S. consulate or embassy when entering the United States for the first time or when he or she leaves the United States and wants to re-enter.

What happens after the academic department contacts the International Center?

The H-1B adviser will email the department and the scholar separate information regarding material needed to process the H-1B petition.

How long does it take to get H-1B status?

1. Typically an H-1B petition can be ready for USCIS submission in about one to three months. The International Center could encounter delays in preparing the petition for reasons including: a particularly high volume of applications; issues with the prevailing wage; delays in check processing from accounting; or delays in departmental documents.
2. Once the petition is sent to USCIS, expect to wait at least three months for it to be approved under normal processing. You may have to wait longer during peak times for USCIS.

Who is involved with my H-1B petition?

Several people in your department must work together to submit all the information needed for your petition. In addition, the U.S. Department of Labor (DOL) issues the prevailing wage determination and the Labor Condition Application certification, and MU Accounting Services issues the checks for your petition. Several parties must coordinate information with the International Center in order for the H-1B petition to be processed.

How long will it take with premium processing?

Premium processing has a guaranteed turn-around time of 15 days from the date USCIS receives the petition. The International Center needs the hard-copy approval notice, which usually arrives seven to 10 days after the approval, which makes a wait of about 3-4 weeks with premium processing.

Who can pay the premium processing fee?

Immigration regulations do not specify who must pay for premium processing, although the H-1B petition fees must be paid by the employer.

What if I don't have my diploma?

Ask your department or the school's registrar to issue a letter on university letterhead stating that all degree requirements have been met and you are only waiting for the conferral of the diploma.

What is the prevailing wage?

The H-1B adviser will request the prevailing wage determination from the DOL, who can take up to 60 days to make a determination. DOL determines the wage that is the average wage paid to all similarly employed individuals within a certain geographical area. The salary of the prospective H-1B employee must meet or exceed the prevailing wage in order to proceed to the next step in obtaining the H-1B.

What happens after everything has been submitted to the International Center?

Once the H-1B petition packet is ready, the scholar and department will receive an email from the H-1B adviser indicating that the petition is submitted to USCIS and what the next steps will be.

What happens after USCIS has received the H-1B petition?

Within two to three weeks the International Center will receive a Receipt Notice from USCIS indicating that your petition has been received. The H-1B adviser will send a copy of this receipt notice as a scanned email attachment to the department and H-1B scholar. Once the approval notice from USCIS has been received, the H-1B adviser will send it as a scanned email attachment, along with further instructions.

Can H-1B status be extended after the six-year maximum?

We may request an H-1B extension in one-year increments if 365 days or more have passed since a Labor Certification Application or a petition for an immigrant worker (I-140) was filed.

If you have an approved I-140 and your application for adjustment of status is delayed due to per country immigrant visa limitations then we can request an extension of your H-1B status in three year increments.

Obtaining H-1B/H-4 visa stamps

What materials are needed to obtain the H-1B visa stamp?

The International Center provides a checklist. In addition you will also want to visit the U.S. embassy or consulate site to make an appointment and review document requirements. Appointment times vary from a few days to a few months, so plan accordingly.

The U.S. embassy/consulate is asking for the original I-129. How is that obtained?

USCIS requires the original I-129 with your H-1B petition; it becomes part of the permanent file. H-1B scholars have received visas by using the I-129 copy found on the CD of the scanned H-1B petition that was previously given to them.

What is required to obtain an H-4 visa when the dependents are outside of the U.S.?

Your dependents will need your H-1B approval notice (form I-797). Since the International Center issues a CD with a scanned copy of your entire petition, you should already have all documents from the International Center that will be requested. For specific materials, please contact the U.S. embassy/consulate where you plan to apply for other requirements, including proof of relationship, photos and fees.

What is required to obtain H-4 status when the dependents are inside the U.S.?

If your dependents are inside the U.S. in another nonimmigrant status, then the International Center can either submit their H-4 change of status request along with your H-1B petition or give you a checklist of items needed to file for a change of status. Please contact the H-1B adviser for the form and checklist if your dependents wish to change status within the U.S.

More information

See the U.S. Citizenship and Immigration Services (USCIS) questions and answers about H-1B visas.