MU's H-1B Process

Upon request, ISSS 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 International Student and Scholar Services in order to get the process started:

1. Worksheet for the Labor Conditions Application. Information from this form is used to request the prevailing wage determination from the Missouri Department of Economic Development.
2. Statement of Actual Wage Determination. Information from this form is 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 and 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 home country or country last resided in outside the U.S. if the employment is terminated prior to the end of the H-1B period petitioned for by the department. 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)

Departments also need to request checks from accounting for USCIS, according to the following table:

The department must provide an email address for the employee so International Student and Scholar Services can send the appropriate forms and directions to them (if no e-mail is available, the department will need to provide a mailing address). The employee will receive:

1. H-1B Questionnaire. Asks for relevant immigration information and travel plans from employee to help determine type of processing for H-1B.
2. Form I-539 . This form must be filled out by dependents of the employee currently residing in the US. It must be filed out along with the H-1B petition to change the dependent's status. The application fee of $300 (effective July 30, 2007) is paid by the employee.
3. True Copies Statement.

Once the LCA Worksheet and Statement of Actual Wage Determination are received from the department, the H-1B advisor will request the prevailing wage determination from the State Employment Security Agency (SESA). The prevailing wage determination is the wage the SESA determines is the average wage paid to all similarly employed individuals within a certain area (city, state, or region). Please note:

• It may take up to 4 weeks to receive the prevailing wage determination.
• The salary for your employee must be at least 100% of the prevailing wage in order to proceed to the next step in the process of obtaining the H-1B.
• If the salary does not come within 100% of 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 advisor will contact the department about the determination and discuss alternatives.

Once the prevailing wage determination is received and ISSS determines that the prevailing wage requirements are met, the I-129 and Letter of Support (both can be filled in on a computer) will be emailed to the department for completion, printing and signature by the department chair, or hiring official.

Now is a good time to check and make sure your employee has submitted the supporting documents required for the H-1B petition. At this point, we are almost ready to mail the petition to USCIS.

Once the form I-129 and a Letter of Support are returned we are ready to file the Labor Conditions Application with the Department Of Labor for certification on the web. The ISSS H-1B advisor 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 workers similarly employed;
• On the date of filing, there is not a 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 locations where the H-1B will be employed.

The University 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.

After the LCA is certified online, the H-1B petition is ready to send to USCIS. The department will receive a packet from ISSS containing several items at this point:

• A FedEx envelope with the petition enclosed to be mailed by the department to USCIS
• A copy of petition to be passed on to the beneficiary (the other copy of the petition will be kept at ISSS)
• Two copies of the LCA to be posted. The Department of Labor regulations state that the LCA must be posted in two conspicuous locations at the worksite for 10 days. Once the LCA has been posted for 10 calendar days, please sign the backs of the forms indicating the dates of posting and send it back to International Student and Scholar Services.
• Instructions for posting the LCAs and mailing the petition by FedEx

Under the new legislation passed in October, 2000, a transferring H-1B employee may begin employment once the University receives 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 will mail a receipt of filing to International Student and Scholar Services. If the employee is a transfer H-1B 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 department mails the petition to USCIS by FedEx. Processing times for approval of the H-1B petitions vary greatly depending on many factors, taking from 8-14 weeks.

Once the petition is approved, the Form I-797 Notice of Action (H-1B approval notice) will be mailed to International Student and Scholar Services. The H-1B advisor will notify the department and the employee that the petition has been approved. The employee will come to the International Center to pick up the documents and take them to the administrator in the employing department. The employee will need to complete or update his/her I-9. If the employee is out of the U.S., the documents will be sent to him so that he can take them to a U.S. Consulate to apply for the H-1B visa to enter the U.S. The employee may enter the U.S. up to 10 days prior to the start date on the approval notice and will present his H-1B documents to the department upon his arrival at the University of Missouri-Columbia for completion of the I-9.