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Overview of Process
Initial Stage (Approximate Time Frame – 2 weeks)
- Department initiates its desires to sponsor an H-1B Temporary Worker by notifyingAndrea Westart ,Human Resources Senior Compensation Manager.
- HR communicates the different legal obligations of sponsoring an H-1B worker and waits for departmental confirmation to proceed with the process.
- 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.
- HR requests certain immigration, credentials and dependent information from the beneficiary.
- HR preliminarily determines if the position is a specialty occupation and if the beneficiary has the proper credentials.
- Any changes to the appointment must be made at this point.
Prevailing Wage (Approximate Time Frame – 3 to 4 weeks)
- HR uses the job description and offer letter as supporting documentation to file for a prevailing wage with the Department of Labor.
- The DOL notifies HR of the prevailing wage.
- HR notifies the department of the prevailing wage.
- The department completes the Statement of Actual Wage Determination.
- The department decides on to continue or discontinue the H-1B petition. Changes to the appointment cannot be made at this juncture.
- The department also decides if it will pay premium processing to expedite the United States Citizenship and Immigration Services (USCIS) processing time.
- If yes, HR notifies the department secretary to prepare the voucher(s).
LCA Filing and Attestations (Approximate Time Frame – 1 week)
- HR files the Labor Condition Attestation (LCA) with the Department of Labor (DOL) attesting to several regulatory provisions.
- DOL approves LCA.
- HR sends a copy of the LCA to the department for posting on a job board for 10 days.
- HR creates public file.
- Department posts the LCA for 10 days. Signs and dates the form. Returns LCA to HR.
- HR provides a copy of the LCA to the beneficiary.
H-1B Petition Filing (Approximate Time Frame – 1 week)
- HR completes the Forms I-129, I-129W, and any supplemental information required.
- HR may ask department to assist with credentials evaluation if needed.
- HR forwards the back up information to Accounting to release the vouchers.
- HR assembles documents to send to USCIS.
- HR overnights documents to USCIS.
BCIS Processing (Approximate Time Frames – up to 6 months or 1 month w/premium processing)
- Within one to two weeks the USCIS sends a receipt.
- HR keeps receipt for tracking purposes.
- USCIS approves the H-1B Petition and sends approval notice to HR.
- USCIS approves H-4 and sends approval notice of dependents to dependent’s home.
Approval (Approximate Time Frame – 2 days)
- HR notifies department of approval notice and reminds department of the different nuances of sponsoring an H-1B.
- HR notifies beneficiary.
- HR delivers the I-94 to the beneficiary.
- HR completes the I-9, arranges for W-4 to be updated if necessary.