International Center

Step 1

Request by department and initial documentation.

The hiring department contacts the International Center H-1B adviser to initiate the process, providing the scholar’s name, email address, country of origin, supervisor’s name and the anticipated start date. The H-1B adviser will send the department the required preliminary paperwork and online forms that should be completed and submitted to the International Center in order to get the process started:

1. Immigration Tracker online intake form. Completed through the Immigration Tracker web portal.
   • A separate email will provide your username, password and instructions.
   • The intake form provides the information needed to obtain a prevailing wage determination from the State Workforce Agency.
2. MU Export Compliance Review and Certification: Now available in a web-based form instead of the PDF version. Please note that this system requires a MU-issued login (PawPrint) and password.
   
3. Prevailing wage forms: Information from these forms are used to determine the "actual wage," which is defined as the wage paid by the employer to all other individuals with similar experience, qualifications, education, job responsibility/function and specialized knowledge for the employment in question.
4. Return travel guarantee: The department must agree to provide one-way return transportation to the country the scholar last resided in outside of the United States, if the employment is terminated prior to the end of the H-1B period. This guarantee is signed by the department chair or hiring official.
5. International Scholar Services Fee Form. (more information about MU's international scholar fee policy). This form MUST have an original signature from an Authorized Fiscal Signer for the specified MO Code.
6. Offer letter. Only a copy of the latest offer letter signed by the scholar is needed.

Departments also need to request checks from MU Accounting Services for U.S. Citizenship and Immigration Services, according to the table below. Scholars may provide personal checks for the fees for which they are responsible.

Hold check request instructions

Follow accounting's policy on hold and express checks. Request a hold check or an express check on the "comments" panel when entering a non-PO voucher in PeopleSoft. Provide the following information:

• Vender ID: 0100095739 (can be found with the short name by searching "USDEPTOFH").
• Select US DEPT OF HOMELAND SECURITY, and in the new screen click on the "search" icon next to the address sequence field to view address sequence No. 5 in PS (corresponds to the California Service Center).
• Use PS account #742000.
• In the comments section:
  • Enter name, title and phone number of the requester
  • Indicate whether the request is for a hold or express check and explain the business need for the checks
  • It is the department’s responsibility to keep track and check with Accounting Services to see when the check is ready to be picked up.

Note: Initial forms may be returned to the International Center before the checks are ready.

Information and forms emailed to employee.

The department must provide an email address for the employee so the International Center can send the appropriate forms and directions. If no email address is available, the department will have to provide a mailing address. The scholar will receive:

1. H-1B questionnaire. Asks for relevant immigration information and travel plans from employee necessary for the H-1B process.
2. Form I-539.Must be filled out by dependents currently residing in the U.S. who need to be in H-4 status. If a family member already has their own primary status, or are an American citizen, they do not file an I-539 (for more information, see the instructions from USCIS). It will be filed along with the H1-B petition to change the dependent’s status. If a dependent is already in H-4 status, then it is not necessary to re-file until an extension is needed. The application fee is paid by the scholar (send a check or money order made payable to the "U.S. Department of Homeland Security" to the International Center along with the Form I-539). For additional assistance, see an example I-539.
3. True copies statement. This is to verify that all the supporting documents provided by the scholar are true and accurate copies not modified in any way.

International Center requests prevailing wage.

Once the intake form and prevailing wage forms have been received from the department, the H-1B adviser will work on the prevailing wage determination. The prevailing wage determination is the average wage paid to all similarly employed individuals within a certain area (city, state and region). Please note:

• It may take up to two months to receive the submitted prevailing wage determination's back from Department of Labor.
• The salary for your employee must be at least 100 percent of the prevailing wage in order to proceed to the next step in the H-1B process.
• If the salary does not meet the prevailing wage, the salary must be raised or an alternate prevailing wage source must be consulted in order to proceed. If this occurs, the H-1B adviser will contact the department about the determination and discuss alternatives.

Step 2

International Center files Labor Conditions Application.

Once the prevailing wage determination is met the International Center will file for certification of a Labor Condition Application. The International Center's H-1B adviser will attest to the following when filing the LCA:

• H-1B employees will be paid at least the actual wage or prevailing wage, whichever is higher.
• The employment of H-1B will not adversely affect the working conditions of U.S. workers similarly employed.
• On the date of filing, there is no strike, lockout or work stoppage in the H-1B employee's occupation at the place of employment.
• A copy of the LCA will be provided to the H-1B employee and notice of the LCA has been posted in two conspicuous locations where the H-1B will be employed.

MU is able to make these attestations based on information provided by the department on all required forms. Therefore, it is very important that these forms are filled out completely and correctly.

The Department of Labor takes seven days to certify LCA's. Once the LCA has been certified, the hiring department is liable for the wage stated in the LCA.

If the scholar's employment is terminated early the LCA and petition must be withdrawn to end any future wage liabilities. The department will also then beliable for the scholar's return travel to their last foreign residence, as stated in the return travel guarantee. The hiring department must notify the International Center if a scholar is leaving or if a position will be terminated.

Documentation is sent to department.

Once the prevailing wage determination is received and the International Center ensures that the prevailing wage requirements are met, the I-129 and letter of support will be emailed to the department for completion, printing and signature by the department chair or hiring official. An LCA Notice will also be attached. The department must print two copies to be posted, according to Department of Labor regulations, in two conspicuous locations at the worksite for 10 business days. After 10 days, return the notices to the H-1B adviser to be kept in the scholar's public access file. Note: The petition can be submitted before postings are complete.

Step 3

H-1B petition is submitted to USCIS.

After the LCA is certified online and the H-1B adviser has all Step 1 and 2 documentation, the H-1B petition is ready to submit to USCIS. The International Center will mail the petition to USCIS via FedEx. The department and scholar will both be notified via email when the petition has been submitted.

USCIS mails receipt of filing to the International Center.

USCIS will mail a receipt of filing to the International Center. The receipt is usually received within three weeks from submission of the petition to USCIS. Processing times for adjudication of the petition vary greatly depending on many factors, generally taking eight to 14 weeks. With premium processing, an approval will be adjudicated in 15 days (plus at least one week for mailing).

A transferring H-1B employee may begin employment once the university has received the receipt of filing from USCIS. The employee must sign a memo stating the possible consequences of beginning employment prior to USCIS petition approval. This is temporary work authorization, which may not be advisable in all situations.

The H-1B approval notice arrives.

Once the petition has been approved, the Form I-797 Notice of Action (H-1B approval notice) will be mailed to the International Center. The H-1B adviser will notify the department and scholar that the petition has been approved. The scholar will come to the International Center to pick up the new I-94, and the approval notice will be kept at the International Center. The scholar will also need to complete or update his/her I-9. If the scholar is outside of the U.S., the documents will be mailed. The documents must be taken to a U.S. consulate where the scholar can apply for the H-1B visa to enter the United States. The scholar may enter the U.S. up to 10 days prior to the start date on the approval notice and will present the H-1B documents to the department upon arrival at MU for completion of the I-9.

H-1B status vs. H-1B visa

The H-1B visa must be issued outside the U.S. at an embassy or consulate. The H-1B approval notice is needed before a visa can be granted. The status of someone can be changed within the United States. Status is what authorizes a non-immigrant to stay in the United States.

Please note: Issuance of a visa does not guarantee entry into the United States. The Customs and Border Protection officer at the port of entry will make this determination, in addition to determining the length of stay for any particular visit. Usually, this is based on the length of visa status. However, CBP officers have been known to shorten stays for various reasons, including passport expiration dates and in error. Please contact the International Center immdiately if the I-94 does not match the visa end date.

For more information, see the U.S. Department of State's visa information for temporary visitors.