H-1B scholars are international employees who hold specialty occupations requiring a specialized body of knowledge and the attainment of at least a bachelor’s degree or its equivalent. H-1B is an employment-based nonimmigrant status used for temporary workers. At Mizzou, it is used for full-time tenure-track faculty, academic researchers and professional staff.
Although H-1B is designed for temporary workers, it carries a provision for dual intent. This means the H-1B scholar can work while intending to obtain permanent residency.
H-1B status is available in increments of up to three years and limited to a maximum total duration of six years. Hiring departments must consult with International Student and Scholar Services before changing any aspect of an H-1B scholar’s employment, including job title, salary, hours, work location or job duties.
Mizzou’s H-1B process
Department contacts ISSS in advance to request H-1B
Position postings, interviews, eligible start dates, offer letters and obtaining employment authorization are all important parts of hiring someone in H-1B status. It is helpful for the hiring manager to contact an international scholar adviser before beginning the search process.
Once a job offer has been made to a potential employee, the hiring department notifies ISSS by submitting a new sponsorship request in myStatus, our online immigration software. You will need to submit:
- Departmental admin and supervisor contact information
- Potential employee’s name and contact information
- Potential employee’s current immigration status, if in the U.S.
In response, the international scholar adviser will send the department required preliminary forms to complete and request additional information. The information provided on these preliminary forms will be used to determine if the beneficiary is eligible for H-1B status and if the department can meet the prevailing wage requirement.
- Preliminary determination form
- Offer letter
- Potential employee’s CV
- Job posting (if available)
- Potential employee’s proof of current immigration status, if in the U.S.
ISSS reviews case, works with department and scholar to file H-1B petition
If the beneficiary is eligible to apply for H-1B status and the department agrees to meet the prevailing wage requirement, ISSS will work with the hiring department and scholar to compile the H-1B petition. ISSS will also file the Labor Condition Application for certification by the Department of Labor.
Information provided by scholar
ISSS will contact the scholar and ask them to submit information and documentation in myStatus.
The following documents must be uploaded into myStatus by the prospective H-1B employee. All documents should be in PDF format.
| Required documents | Upload under this category in myStatus |
|---|---|
| Passport biographical page | Current immigration: Current passport |
| I-94 record Your I-94 record is available online. If you have never entered the U.S., this is not required. | Current immigration: Current I-94 entry document |
| Pay stubs Upload pay stubs from the last three months. This is required only if you are currently employed in the U.S. | Current immigration: Most recent pay stubs |
Current immigration status (if currently in the U.S.)
| Current immigration: Current F-1 or J-1 student status letter from the institution |
| Resume or CV | Resume: Resume |
| Diploma or transcript Upload a copy of the highest degree completed, translated and notarized if not in English. A letter of completion is required if the diploma is not available yet. | Academic information: Academic degree certificates |
| Degree evaluation If you earned your degree from a non-U.S. institution, you must submit a credential evaluation. Review a list of credential evaluation companies. | Academic information: Foreign degree credential evaluation certification |
| Immigration history Upload all previous versions of the following, if applicable:
| Immigration history J visa two-year residency requirement: Evidence of waiver approval notice from USCIS |
| Dependent documentation Dependents currently in the U.S. will need to apply for H-4 status. Upload the following for each dependent only if they are currently in the U.S.:
Dependents currently outside the U.S. may apply for an H-4 visa at a U.S. Embassy after the H-1B petition has been approved. No action is required at this time. | Beneficiary’s dependents changing or extending status in the U.S. |
Information provided by hiring department
Simultaneously, ISSS will contact the hiring department to complete a series of steps that provide the information, documents and payments needed for the H-1B petition.
The following documents must be uploaded to myStatus by the hiring department. All documents should be in PDF format.
| Required documents | Upload under this category in myStatus |
|---|---|
| Support letter (download template) The dates in the petition should be for three years to avoid filing extensions yearly. | Letters: Support letter |
| Step 1 Forms Page 1: Information about premium processing and ordering hold checks. Page 2: Return travel guarantee — must be signed by the supervisor or HR partner. Page 3: International Scholar Fee Form — requires a MoCode and an authorized approver’s signature. | Fees: Other |
| Labor Condition Application Filing Notice Post two copies of the notice today at the worksite in separate locations (e.g., breakroom and office area). Department of Labor regulations require this notice to be posted in two conspicuous areas within the actual work site of the beneficiary for 10 consecutive business days. After the posting time has passed, complete the posting information section on both notices and upload to myStatus. | Other: Other |
| Export Control Compliance Form Should be completed online through MU eCompliance by someone familiar with the job duties. Direct questions to Explore Control and Sanctions at exportcontrols@missouri.edu. Upload a PDF of the submitted form. | Export control certification form |
Summary of H-1B fees
| Amount | Description | Charged by | Paid by |
|---|---|---|---|
| $1,500 | International scholar services fee | International Student and Scholar Services | Department |
| $460 | I-129 application fee | USCIS | Department |
| $500 | Anti-fraud fee | USCIS | Department |
| $2,805 | Optional premium processing fee | USCIS | Either department or scholar |
| $470 (for paper filing, $420 for online filing) | I-539 dependent application fee | USCIS | Scholar |
H-1 petition submitted to USCIS
Once the Labor Condition Application is certified online and all information has been received from the scholar and department, ISSS will submit the H-1B petition to USCIS. The petition will be mailed via FedEx, and the scholar and department will both be notified by email when it is submitted.
USCIS receives H-1B petition, begins adjudication period
ISSS will be notified by USCIS that the H-1B petition has been received, and will in turn notify the scholar and department. The original copy of the receipt notice will be kept on file.
Processing times for adjudication of the petition vary greatly depending on many factors and can take six to eight months. The scholar maintains their current nonimmigrant status during this period. If their current nonimmigrant status will expire during the adjudication period, the scholar should contact an international scholar adviser prior to their status expiring.
For extension and amendment petitions, the receipt notice serves as employment verification that allows the scholar to continue to work for 240 days past their current approval’s expiration date, or until the end of the requested extension if it is less than 240 days.
For portability petitions, the receipt notice serves as employment verification that the scholar can begin work in the new position.
Scholars who think they may need to leave the U.S. during the adjudication period should discuss travel in advance with an international scholar adviser.
USCIS makes decision on case
When the petition is approved, ISSS will receive the I-797 approval notice by mail, and will notify the scholar and department that the new I-94, which serves as proof of H-1B status, can be picked up. The original I-797 approval notice is kept by ISSS, but can be checked out as needed for international travel, driver’s license renewal, etc.
Scholars outside the U.S.
Scholars outside the U.S. will need to apply for an H-1B visa to enter the United States. Step-by-step instructions for applying for an H-1B visa are available on the U.S. Department of State website. The documents required for the visa application will be provided to the scholar by ISSS — the H-1B petition and Labor Condition Application will be sent as a PDF by email, and the I-797 approval notice will be mailed.
Scholars currently in the U.S.
Scholars already in the U.S. — and scholars who have recently arrived after obtaining their H-1B visa — will need to report to the MU Office of Human Resources to complete or update their I-9.