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International Student & Scholar Services

International Student & Scholar Services
 

H-1B Scholar


 

An H-1B visa is one of several types of working visas available to international scholars working at the University.  It is appropriate for positions that require the minimum of a bachelor’s degree or higher in a specialized area and for prospective employees with the required degree.  The employee must be paid the higher of the wage all other similar employees in the hiring unit are paid or the prevailing wage as determined by U.S. Department of Labor rules.  The United States Immigration and Naturalization Service (USCIS) charges filing fees for these petitions. 

At CU Denver we use the H-1B visa for faculty positions of all types, including the Professional Research Assistant group; exempt professional positions requiring the minimum of a bachelor’s degree; and classified positions requiring the minimum of a bachelor’s degree.  H-1B can also be used for postdoctoral fellow positions in cases in which the J-1 visa has been determined not appropriate, though policies for using H-1B visas for postdoctoral fellows can vary by department.  Please see Graduate Medical Education policy for using H-1B visas for medical residents or clinical fellows. 

Please click on the tabs below to learn about ISSS procedures, see checklists for the forms and documents needed for H-1B visa paperwork in most situations, and obtain Word versions of templates for the required forms.​


Process of Inviting a New H-1B Scholar

 

H-1B Scholar in H-1B Status at Current Employer Moving to CU Denver

 

A prospective employee at another institution who is already in H-1B status can move to CU Denver| Anschutz in H-1B status.  The Filing Fees, Actual Wage Memorandum, H-1B Questionnaire, and Departmental Request are the same as for an initial H-1B petition.   However, because the new employee is already in H-1B status, he or she is eligible to start working for CU Denver once the petition has reached the USCIS, and does not need to wait until the UC Denver H-1B petition is approved.  The process is called “porting” in immigration law. 

Click here for the checklist specific to this type of H-1B filing. 

 

Export Controls and H-1B Petitions

 

The link below will take you to the Office of Regulatory Compliance’s Export Control page where you will find important information about export control compliance. 

Office of Regulatory Compliance:  Export Control

Form I-129, the form that ISSS staff members complete when submitting any type of H1B petition to the U.S. Citizenship and Immigration Service (USCIS), includes a Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.  To complete this certification, the employer must attest that they have reviewed the applicable Export Control regulations and determined that foreign worker will or will not have access to technology and technical data for which an export license is required, and, if a license is required, that the foreign worker will not have access until the necessary license or other authorization has been obtained.

Effective November 15, 2016, the “Deemed Export License Worksheet” has been replaced with an online process. CU Denver | Anschutz now uses an online software package called Visual Compliance; the deemed export review will be conducted via the “Deemed and Hand Carried” module component of Visual Compliance. With this change, you will no longer need to complete the paper based license worksheet. Instead, you will enter and upload information about the prospective employee via an online form. Upon completion of the form, the request will be routed based on a workflow. Results will be provided directly to the ISSS office, so this process will cut down on some emails and will increase efficiencies.

The online worksheet is more robust than the current form, and may take additional time to complete if you need to gather specific information. The questions are intended to help ensure compliance with export control/deemed export governmental regulations and will provide a more comprehensive summary of activities for incoming international employees.

Please find a step-by-step guide for completing a deemedexport request HERE

PLEASE NOTE: Individuals logging into the module for the first time are required to register with the system. The registration link is https://www1.visualcompliance.com/vtsp/vt_logon.cfm.  

A login instructionsheet for first-time users is available HERE

Filing Fees

 

H-1B petitions require USCIS filing fees.  A copy of the official USCIS filing fee list, Form G-1055, can be found at this link:  http://www.uscis.gov/files/form/g-1055.pdf.

For an H-1B petition for a scholar new to the University, the basic Form I-129 filing fee is $325 and the anti-fraud fee is $500. These fees must be paid by the unit planning to hire the H-1B international employee.  The two fees must be paid with two separate checks, so two payment vouchers will be required. 

Premium processing may be required if the normal H-1B processing time is too slow to accommodate the H-1B employee’s starting date.  The premium processing fee, Form I-907, is $1225.  If the fee is for the convenience of the scholar, such as accommodating travel plans, the scholar may be asked to pay the fee.  If the fee is required to allow the H-1B employee start on time, the hiring unit should pay the premium processing fee.

If the in-coming scholar is in the United States and has dependents who wish to be in H-4 status, the filing fee for the I-539 form required for the dependents is $290.  This fee can be paid either by the scholar or by the hiring unit. 

 

Information for CU Denver Payment Voucher created at CU Marketplace:  ​

Supplier:  Select “US Department of Homeland” and “California Service Center”

Payee Type:  Non-Employee

Warrant Delivery Code: Select "Campus Mail" and type “A005/185” as campus mailbox.  The check will be sent directly to ISSS. 

Business Purpose:  Select “Immigration/Visa Fees” and include the H-1B Beneficiary’s name in the description.

Amount:  Include the appropriate amounts from the chart below.

​​Item ​Fee
H1-B (Form I-129) ​$325 (can be combined with premium processing fee)
H-1B​ (anti-fraud fee for initial petition) ​$500 (must be separate voucher)
​Optional premieum processing (Form I-907) $1,225 (can be combined with I-129 fee)
​H-4 for dependent(s) (Form I-539)** ​​$290 (must be separate check or voucher)

**Only if dependents are in the U.S. and requesting change of status. 

**Personal check or money order from H-4 also acceptable.

Commodity Code:  13 – Professional Services and Training

Account:  552626

Attach Form G-1055: (USCIS Filing Fees).  Download URL/Link from USCIS site (http://www.uscis.gov/files/form/g-1055.pdf )

Invoice Number:  This is a unique identifier for your department’s tracking purposes.  In the absence of a departmental system for invoices, the H-1B beneficiary’s last name or initials combined with “H1B” to identify the purpose of the invoice can be entered here.  For example, “JonesH1B.”

   

Federal Express Charges

ISSS sends all H-1B petitions to the USCIS by Federal Express.  The hiring unit can either enclose a completed Federal Express airbill for ISSS use, or provide ISSS with either a Federal Express account number and/or speed type, and ISSS will create the Federal Express label.  If premium processing is requested, a second Federal Express airbill will be required for returning the approval notice via Federal Express to USSS. 

Process of amending or extending stay

 

Extending an H-1B petition for an employee already employed by UC Denver in H-1B status is similar to filing an initial H-1B petition, in that all the same forms need to be completed:  Actual Wage Memorandum, H-1B Questionnaire, Departmental Request.  However, only the basic Form I-129 filing fee is required:  $325.  No anti-fraud fee is required. 

 

Early Departure by H-1B Employee

 

Please notify International Student Scholar Services when an H-1B status holder’s employment with the University ends prior to the ending date of the H-1B petition, regardless of which party terminated the employment.  If the scholar leaves before the end of the H-1B petition’s validity, we are required to withdraw the LCA and terminate the H-1B petition. 

If the scholar is terminated by the University before the end date specified by the petition, either for cause or due to lack of funding, the employing unit is required to pay for the scholar’s return transportation to his or her home country.  If the employee ends the employment relationship voluntarily, the University is not under this obligation.  

 


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