Skip to main content
Skip to navigation
See our H1-B training guide for detailed advice on completing this process using Immigration Tracker.
Home / Come to MU / Faculty, staff and scholars / Hiring/hosting / Hiring H-1B scholars / MU's H-1B process

MU's H-1B process

H-1B

Step 1

Request by department and initial documentation.

Upon request, the International Center's H-1B adviser will send the department the required preliminary paperwork. Included in the emailed H-1B packet are four forms that should be completed and submitted to the International Center in order to get the process started:

  1. Online Intake Form: An online questionnaire that is used for the Prevailing Wage Determination (PWD) and Labor Condition Application (LCA). The login information is sent in a separate email.
  2. 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.
  3. 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.
  4. 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.

Departments also need to request checks from MU Accounting Services for U.S. Citizenship and Immigratin Services, according to the following table:

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

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 employee 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. This form 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 (instructions). It will be filed along with the H-1B 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 employee. For additional assitance see our example Form 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

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 ten business days. After the ten business days, return the notices H-1B adviser to be kept in the scholar's Public Access File.

International Center files Labor Conditions Application.

Once the prevailing wage determination is met we 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.

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 overnight to USCIS by Federal Express.

A transferring H-1B employee may begin employment once the university has received the receipt of filing from USCIS. Both the department and 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.

USCIS mails receipt of filing to the International Center.

USCIS will mail a receipt of filing to the International Center. If the employee is a transfer H-1B scholar from another institution, the department and employee will be asked to sign a memo concerning the possible consequences of beginning employment based on receipt of filing. The receipt is usually received within three weeks after the petition is submitted to USCIS. Processing times for adjudication of the H-1B petitions vary greatly depending on many factors, generally taking eight to 14 weeks.

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 the scholar that the petition has been approved. The scholar will come to the International Center to pick up the new I-94, while the approval notice will be kept at the International Center. The scholar will need to complete or update his or her I-9. If the employee is out of the U.S., the documents will be mailed to them. The documents must be taken to a U.S. consulate where the scholar can apply for the H-1B visa to enter the U.S. 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 their arrival at the University of Missouri for completion of the I-9.