Initial Stage (Approximate Time Frame – 2 weeks) |
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- Department initiates its desires to sponsor an H-1B Temporary Worker by
notifying Roger Jett, Assistant Director of Human Resources.
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- HR communicates the different legal obligations of
sponsoring an H-1B worker and waits for departmental confirmation to proceed
with the process.
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- HR requests certain documents/information related to the appointment from
the department including the effective and ending dates of the petition and if
premium processing will be used.
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- HR requests certain immigration, credentials and dependent information from
the beneficiary.
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- HR preliminarily determines if the position is a specialty occupation and
if the beneficiary has the proper credentials.
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- Any changes to the appointment must be made at this point.
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Prevailing Wage (Approximate Time Frame – 3 to 4 weeks) |
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- HR uses the job description and offer letter as supporting documentation to
file for a prevailing wage with the Missouri Department of Economic
Development-State Workforce Agency (SWA).
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- The SWA notifies HR of the prevailing wage.
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- HR notifies the department of the prevailing wage.
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- The department decides on to continue or discontinue the H-1B petition.
Changes to the appointment cannot be made at this juncture.
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- The department also decides if it will pay premium processing to expedite
the United States Citizenship and Immigration Services (USCIS) processing
time.
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- If yes, HR notifies the department secretary to prepare the
voucher(s).
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LCA Filing and Attestations (Approximate Time Frame – 1 week) |
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- HR files the Labor Condition Attestation (LCA) with the Department of Labor
(DOL) attesting to several regulatory provisions.
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- HR sends a copy of the LCA to the department for posting on a job board for
10 days.
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- Department posts the LCA for 10 days. Signs and dates the form. Returns LCA
to HR.
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- HR provides a copy of the LCA to the beneficiary.
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H-1B Petition Filing (Approximate Time Frame – 1 week) |
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- HR completes the Forms I-129, I-129W, and any supplemental information
required.
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- HR completes the Forms I-539 and obtains dependents signatures and check
for USCIS processing fees.
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- HR may ask department to assist with credentials evaluation if needed.
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- HR forwards the back up information to Accounting to release the
vouchers.
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- HR assembles documents to send to USCIS.
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- HR overnights documents to USCIS.
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BCIS Processing (Approximate Time Frames – up to 3 months or1
month w/premium processing) |
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- Within one to two weeks the USCIS sends a receipt.
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- HR keeps receipt for tracking purposes.
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- USCIS approves the H-1B Petition and sends approval notice to HR.
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- USCIS approves H-4 and sends approval notice of dependents to dependent’s
home.
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Approval (Approximate Time Frame – 2 days) |
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- HR notifies department of approval notice and reminds department of the
different nuances of sponsoring an H-1B.
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- HR delivers the I-94 to the beneficiary.
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- HR completes the I-9, arranges for W-4 to be updated if necessary.
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