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New employee: hired from abroad, change of status to H-1B in the U.S., or change of H-1B employers Current employee: change of status to H-1B in the U.S.
The hiring unit gathers all required documents and submits the H-1B request to ISSS. This includes signed hiring unit documents (Actual Wage Memo, Job Description, H-1B Sponsorship Agreement – HRBP, H-1B Sponsorship Agreement – Supervisor, Offer Letter) and employee documents (passport, CV, evidence of current immigration status). The request is submitted through the online H-1B Request form with all documents attached.
Timeframe: ~10 business days
ISSS reviews the submission for completeness and compliance, then engages the university’s designated immigration law firm.
Timeframe: ~2 months (approximately 8 months if a J-1 Conrad or Flex Waiver is required)
The immigration attorney collects additional information from the employee, prepares the Notice of Filing (NOF), drafts the petition, and coordinates all required signatures. For J-1 medical residents and fellows requiring a Conrad 30 or Flex Waiver, the attorney also applies for the waiver during this phase, which adds approximately 8 months to the overall timeline.
Timeframe: 15 business days (premium) or 4-8 months
The attorney files the petition with USCIS. With premium processing, USCIS issues a response within 15 business days. With regular processing, adjudication takes approximately 4–8 months. During this phase, USCIS may issue a Receipt Notice, Request for Evidence, or a decision. Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) may increase processing times.
When the employee is authorized for employment depends on the petition type:
New H-1B (Consular Processing): the employee may begin work once the petition is approved, the start date in the petition is reached, and they enter the U.S. in H-1B status. When they can enter the U.S. depends on consular visa processing, which varies by country and consulate and may take weeks or months. Canadian and Bermudian citizens are exempt from U.S. visa requirements.
New H-1B (Change of Status): the employee may begin employment once the petition is approved, the start date is reached, and the approval notice is received. A current employee changing status to H-1B may have appropriate employment authorization to work until the H-1B start date. Check with ISSS.
Change of Employer (Porting): a new employee holding H-1B status with another employer may begin employment as soon as the petition is filed and the start date in the petition is reached.
J-1 Waiver Fees (if applicable — see J-1 Conrad/Flex section)
~$9,150
Payment to U.S. Treasury (required only for new H-1B petitions for individuals outside the U.S. — see Presidential Proclamation section)
$100,000*
All costs are the responsibility of the hiring unit unless otherwise noted. The Anti-Fraud Fee applies only to new H-1B petitions (not extensions or changes in employment). Premium Processing is optional and should be requested when the employment start date is within 3–8 months of the request submission except for change in employer (porting).
See the Premium Processing page for detailed information on when premium processing is necessary or recommended and who pays.
*Payment to U.S. Treasury: The $100,000 payment applies only to new H-1B petitions filed on behalf of individuals outside the U.S. who must obtain an H-1B visa stamp at a U.S. embassy or consulate. See the Presidential Proclamation section below for full details, including the National Interest Exemption process.
Presidential Proclamation — Restriction on Entry of Certain Nonimmigrant Workers
On September 19, 2025, a Presidential Proclamation titled "Restriction on Entry of Certain Nonimmigrant Workers" was signed by President Trump. Starting September 21, 2025, the Proclamation requires a $100,000 payment to be made by the employer to the U.S. Treasury for new H-1B petitions filed on behalf of individuals abroad who must obtain an H-1B visa stamp at a U.S. embassy or consulate to enter the U.S. in H-1B status.
National Interest Exemptions (NIEs) may be issued on a case-by-case basis to individuals whose work is deemed to be in the national interest of the U.S., exempting the employer from the $100,000 payment.
Payment is not required for H-1B petitions filed on behalf of individuals already in the U.S. requesting an extension, amendment, change of status, or change of employer.
The Proclamation is valid until September 19, 2026, and may be extended. Contact ISSS for the most current guidance if your hire may be subject to this requirement.
H-1B petitions at the University of Colorado Denver | Anschutz Medical Campus are most commonly filed for the following types of positions:
Professors at all ranks and instructors
Research scientists, research associates and other research faculty
Physicians and medical residents and fellows
Post-doctoral Fellows
Data Scientists and Research Services, Business Services and IT Professionals
Other professional positions requiring at least a bachelor’s degree in a specialty field
If you are unsure whether a position qualifies for H-1B sponsorship, contact ISSS at [email protected] before initiating the request process.
Federal export control regulations (EAR and ITAR) require that the university certify compliance of the H-1B petition. The hiring unit must complete an export control review for every H-1B petition, regardless of whether the employee’s work involves controlled technology or information.
The export control review is completed through the university’s Visual Compliance system, managed by the Office of Regulatory Compliance. The hiring unit must submit this review before the H-1B request to avoid delays.
If the employee’s work involves access to controlled technology, an Export Control Plan (also called a Technology Control Plan) may be required. The Office of Regulatory Compliance will coordinate if this applies.
Federal regulations require that H-1B employees be compensated at or above the higher of two wage levels:
The actual wage — the wage paid by the university to other employees with similar experience and qualifications in the same or substantially similar position at the same worksite
The prevailing wage — the average wage paid to workers in the same occupation in the same geographic area, as determined by the Department of Labor (DOL) wage data or another source that meets DOL criteria.
The hiring unit is responsible for completing the Actual Wage Memorandum, which documents the actual wage. The memo must be signed and submitted as part of the H-1B Request.
The immigration attorney determines the prevailing wage during petition preparation by referencing published wage data for the relevant Standard Occupational Classification (SOC) code, a federal system to classify workers into occupational categories, and geographic area.
If the offered salary does not meet or exceed both wage levels, the petition cannot be filed. The hiring unit must adjust the salary to comply before the petition moves forward.
When Wages Must Begin
New or current employee obtaining H-1B status by entering the U.S. or
On or after the start date of the H-1B status (date of entry or start date of petition, whichever is later); and
As soon as they “present themselves for employment” after the date above; and
No later than 30 days after the start date of H-1B status
New employee in H-1B status changing employers
On or after the start date of the university’s petition; and
As soon as they “present themselves for employment” after the date above; and
No later than 60 days after the start date of H-1B status
New or current employee changing status to H-1B in the U.S.
On or after the start date of the university’s petition; and
As soon as they “present themselves for employment” after the date above; and
No later than 30 days after the start date of H-1B status
Before filing an H-1B petition, the employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor. The LCA attests that:
The H-1B employee will be paid at or above the required wage level
The employment of the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers
There is no strike or lockout at the worksite
Notice of the filing has been provided to the bargaining representative or posted at the worksite
The immigration attorney prepares and files the LCA as part of the petition preparation process. The LCA must be approved before the H-1B petition can be submitted to USCIS.
Notice of Filing Posting Requirements
A Notice of Filing (NOF) must be provided to employees in the same job classification as the H-1B employee. The posting method depends on the worksite:
Electronic posting for university worksites (including UCHealth and CU Medicine): The NOF must be sent via email to all employees in the hiring unit with the same job classification as the H-1B employee.
Physical posting for third-party worksites: Two copies of the NOF must be printed and physically posted at the H-1B employee's third-party worksite(s) — including any remote worksites — for 10 consecutive business days. Third-party worksites include home worksite, the VA, Colorado Children's Hospital, and National Labs.
The immigration attorney provides the NOF; the hiring unit is responsible for posting it at the appropriate worksite(s) and certifying that it was posted for the full required period.
Changes to Employment That Require Immigration Action
The H-1B approval is for the terms and conditions of employment included in the Labor Condition Application (LCA) and the H-1B petition. Changes to the terms and conditions may require immigration action. There are two categories of changes:
The following changes require submitting an H-1B Request to ISSS and filing a petition with USCIS before the change takes effect:
Significant change in job duties (including a change from postdoc to a faculty appointment)
Change in work location outside normal commuting distance (including a change to or from a home worksite address)
Addition of supervisory duties
Change in FTE (increase or decrease)
Decrease in salary
An addition of, or change in, worksite within normal commuting distance requires a new Notice of Filing posting before work at the new site begins. This does not require filing an H-1B petition with USCIS, but it does require coordinating with ISSS for the new NOF. Contact ISSS for a new notice of posting or filing.
If you are unsure whether a change in employment requires immigration action, contact ISSS before implementing the change. Making a material change without filing an amended petition puts the employee's H-1B status at risk and may result in compliance issues for the university.
How to Submit an H-1B Request
1
Step 1: Gather Information & Documents
The hiring unit must prepare and sign the following documents before submitting the H-1B request:
Hiring unit documents (all must be signed):
Actual Wage Memorandum — documents the actual wage determination for the position
H-1B Job Description Template — detailed description of duties, requirements, and qualifications; must match the petition
H-1B sponsorship Agreement – HRBP — signed by the HR Business Partner acknowledging sponsorship responsibilities and costs
H-1B sponsorship Agreement – Supervisor — signed by the direct supervisor acknowledging sponsorship responsibilities and costs
Letter of Offer
Employee documents:
Valid passport (biographical page)
Curriculum vitae or resume
Evidence of current immigration status (I-94, current visa, I-797 Approval Notice, EAD, etc.)
Any prior H-1B Approval Notices from other employers (if applicable)
2
Step 2: Submit Export Control Review
Complete the export control review through the Office of Regulatory Compliance’s Visual Compliance portal. This step is required for all H-1B petitions regardless of the nature of the employee’s work. Submit the review before the H-1B request.
Complete the online H-1B Request and attach all required documents listed in Step 1. Ensure all documents are signed where required. Incomplete submissions will delay the petition timeline.
Detailed description of the position, including duties, minimum requirements, supervisory responsibilities, and work location. Must match the petition exactly — any discrepancy between the job description and the filed petition can result in a Request for Evidence or denial.
Signed by the HR Business Partner acknowledging the hiring unit’s responsibility for all petition costs, compliance with wage requirements, and timely notification to ISSS of changes in employment.
Signed by the employee’s direct supervisor confirming position details, work location, reporting structure, and that the supervisor understands USCIS site visit procedures.
