The information below is specifically for departments intending to sponsor an employee for H-1B status; H-1B employees can find information about H-1B status here.
Departments will find the following information on this page:
- What is H-1B Status?
- H-1B Process for Academic Units
- Expected ISSA Communications
- H-1B Employment Changes
- H-1B Transfers
H-1B status is an immigration status that permits employment in a specialty occupation. A specialty occupation is an occupation that requires a bachelor’s degree or higher in one specific field. H-1B status is typically used at Notre Dame for positions such as:
- Teaching & Research Faculty
- RL-TPAC Faculty
- Staff
- Visiting Faculty (only if required by extenuating circumstances)
- Postdoctoral Research Associates (only if required by extenuating circumstances)
In most cases, H-1B status can be held for a total of six years. Petitions are filed for the length of the contract period. Faculty petitions will normally be submitted for an initial period of three years and can be extended up to a total of six years.
H-1B status is specific to employer, position, and location. Any changes to the position including job title, responsibilities, or location (including remote work), may require a new petition to be filed. It is imperative that academic units communicate with ISSA before any changes are made.
The H-1B process is complex and processing times can be extensive. An H-1B petition may be submitted to US Citizenship and Immigration Services (USCIS) no sooner than 6 months in advance of the requested H-1B start date. Due to fluctuating US Department of Labor (DOL) and USCIS processing times, we request that you start the process with ISSA 3-7 months in advance of the requested H-1B start date.
| Overview of H-1B Status | |
|---|---|
| Status Sponsor: | University of Notre Dame |
| Status authorized & regulated by: | USCIS and Department of Labor (DOL) |
| Length of authorization: | 1-3 years, renewable up to 6 years |
| Education level: | Bachelor's degree or equivalent experience appropriate to the field of endeavor |
| Eligibility: |
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| Appointment Source: | Usually Office of the Provost |
| Fees: | Review fees here. |
| Special Notes: |
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H-1B Instructions for Departments
COMPLETE ISSA’S IMMIGRATION REQUEST FORM
The academic unit should start by completing ISSA's Immigration Request Form (IRF). ISSA will review the IRF and send an email to the academic unit that confirms the H-1B recommendation and provides information about initiating the H-1B process.
HIRING PACKET
When the academic unit decides to proceed with the H-1B recommendation, they contact the Office of the Provost, the Office for Postdoctoral Affairs, or Human Resources to complete the hiring packet.
COMPLETE FORMS IN ISSALINK
After the hiring packet is complete, the academic unit initiates the H-1B Employee Form in ISSAlink. The academic unit and employee will then complete the H-1B Employee Form.
| H-1B Foreign Credential Evaluation |
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If the employee received their qualifying degree from a non-US institution, they must possess or obtain a foreign credential evaluation of their degree. A credential evaluation is an evaluation by a US credential evaluation organization that confirms the foreign degree is the equivalent of a US degree in the same or similar field. If necessary, the employee may also be required to submit a certified translation of any documents not available in English. The agencies listed below can provide both evaluation and translations if needed. ISSA does not endorse or recommend any particular service but these are some services that have been used for H-1B petitions. |
Review H-1B Petition
Once the H-1B petition is drafted, ISSA will provide a copy of the H-1B petition to the academic unit and employee for review. Any necessary corrections will be made.
Tracking the Petition
ISSA will track the progress of the H-1B petition and notify the academic unit and employee by email when the H-1B petition is mailed and receipted.
USCIS Responds
When USCIS responds to the petition, ISSA will notify the academic unit and employee. If the H-1B petition is approved and the original approval notice is received, ISSA will email the academic unit and employee instructions on picking up or shipping the original approval notice. If a request for evidence (RFE) or denial is received, ISSA will reach out to the academic unit for next steps.
Visa Application
Petitions Approved for a Change of Status: The H-1B employee does not need to immediately exit and apply for a U.S. visa stamp in their passport. If they exit after their H-1B has been approved, they will be required to obtain a H-1B visa stamp in their passport before re-entering. Note: Canadian citizens do not require a visa stamp.
Petitions Approved for Consular Processing: An H-1B visa stamp is required before entering the U.S. The employee must apply at a US consulate abroad. A list of US consulates can be found here. The H-1B employee is generally responsible for all visa application fees.
ARRIVAL
H-1B employees may enter the US up to 10 days prior to the start date listed on the H-1B Approval Notice.
Check-in with ISSA
Upon arrival on campus for their Notre Dame appointment, the H-1B employee should complete ISSA’s check-in form here.
ISSA Communications
ISSA is committed to keeping academic units informed of next steps and the progress of the H-1B petition for each employee. Please reach out to ISSA’s Employment Immigration Manager, Erin Clark (eclark32@nd.edu), with any questions.
Employment Changes
VISA RESTRICTIONS
H-1B status/employment authorization is for a specific position at a minimum specified salary for a specific employer in a specific geographical area. Any changes in employment status—such as new job duties, a new job title, a new job location (working remotely/telecommuting from another city), or a transfer to another department/unit —require the prior review of ISSA. Consultation with ISSA to determine whether a new petition is required should occur 3 months prior to the anticipated change in employment status to allow sufficient time for any necessary processing which must take place. Engaging in employment not covered in the petition approval is considered a violation of status by US Citizenship and Immigration Services (USCIS).
End of Employment
The academic unit must submit the Report H-1B, TN, E-3, O-1 End of Employment form in ISSAlink prior to the H-1B employee’s last date of employment. Per U.S. immigration regulations, if the employer terminates employment before the end date listed on the H-1B employee’s H-1B Approval Notice, the employer is obligated to offer to pay the H-1B employee for the reasonable cost of return transportation abroad. Return transportation should be arranged no later than the end date of the H-1B approval notice or 60 days following the date of termination, whichever is earlier.
Transfer/Portability
H-1B approval is “employer specific,” which means that if the H-1B employee changes employers, the new employer must prepare and file an entirely new H-1B petition. An H-1B transfer allows individuals already holding H-1B status to begin employment with a new employer once the new petition is receipted by USCIS. The H-1B employee should not begin working until they have received confirmation from ISSA that the petition has been receipted by USCIS. The academic unit will complete the H-1B Employee Form in ISSAlink to initiate the H-1B transfer process.
Extension of Stay
It is the academic unit’s responsibility to complete ISSA’s H-1B Employee Form in ISSAlink to extend the employee’s H-1B status. The H-1B Employee Form should be completed 3-7 months in advance of the H-1B status end date.
DEPENDENTS
The spouse and unmarried minor children (under 21 years of age) of the H-1B status holder are eligible for H-4 dependent status. H-4 dependents may study in the US, but are not eligible to work in the US unless the H-1B has an approved I-140 Immigrant Petition. Read more about H-4 dependent status here.
Special Notes for H-1B Status
Frequently Asked Questions
We have addressed a list of frequently asked questions here. Please reach out to ISSA’s Employment Immigration Manager, Erin Clark (eclark32@nd.edu), with any additional questions.