The information below is specifically for academic units intending to file an H-1B petition, including:
- What is an H-1B Status?
- H-1B Process for Academic Units
- Expected ISSA Communications
- H-1B Employment Changes
- H-1B Transfers
H-1B status is for temporary employment in specialty occupations. The status is typically used at Notre Dame for faculty and academic positions such as:
- Teaching & Research Faculty
- RL-TPAC Faculty
- Postdoctoral Research Associates (only if required by extenuating circumstances)
- Staff positions (must use outside counsel)
- Visiting Faculty (only if required by extenuating circumstances)
This 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.
The H-1B status is specific to an employer, a position and a location. Any changes to the position - including responsibilities, job title, salary, or location (including a change of office), 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. Estimated processing times fluctuate throughout the year based on the U.S Department of Labor and U.S. Citizenship and Immigration Services processing times and backlogs.
| 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 six 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
After completing the ISSA Immigration Request Form (IRF), the academic unit receives an email that confirms the H-1B recommendation and provides information for next steps in initiating the H-1B process.
Hiring Packet/Appointment Letter
When the academic unit has decided to proceed with the recommended H-1B visa type, they will reach out to the Office of the Provost or Office for Postdoctoral Affairs to complete the hiring packet.
Complete Request in ISSAlink Forms
After receipt of the appointment letter, the academic unit and beneficiary will complete the appropriate forms in ISSAlink.
| H-1B Foreign Credential Evaluation |
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If the Beneficiary 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 & Support Letter
Once the forms and support letter are drafted, ISSA will email the academic unit with next steps, including a review of the packet.
Tracking the Petition
ISSA will track the progress of the petition and notify the academic unit by email when the H-1B petition is filed and when USCIS responds.
USCIS Responds
When USCIS responds to the petition, ISSA will notify the academic unit and beneficiary. If the H-1B is approved and the original approval notice is received, ISSA will email the academic unit and beneficiary 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
For petitions filed as Change of Status within the U.S., the H-1B beneficiary 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; the only exceptions are for Canadian citizens.
For petitions filed for consular processing, generally used for the applicants already overseas or overseas while the application is pending, they must obtain the H-1B visa stamp before entering the U.S.
The H-1B beneficiary is generally responsible for all visa application fees.
Check-in with ISSA
Upon arrival on campus for their Notre Dame appointment, the H-1B Scholar should complete all required Human Resources check-ins, but they will also be required to complete the NDI Check-in with ISSA.
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 Erin Clark with any questions.
Employment Changes
Changes in Employment
H-1B petitions are employer and position specific, which means that for petitions filed by Notre Dame, the individual is authorized by USCIS to work only under these conditions: for Notre Dame in a specific position listed on Form I-129 at the specific office location on Form I-129 Reminder: consult ISSA prior to making any changes to the H-1B employment, including job title, job duties, salary and/or location, as an H-1B amendment may be required.
End of Employment
The department must submit the End of Employment Form to ISSA prior to the H-1B employee’s last date of employment at the University. Per U.S. immigration regulations, if the University terminates employment before the end date listed on the H-1B employee’s I-797 Approval Notice, the University is obligated to offer to pay the H-1B employee for the reasonable cost of return transportation abroad.
Transfer/Portability
The H-1B is “employer specific,” which means that if the beneficiary changes employers, the new employer must prepare and file an entirely new H-1B petition. The H-1B transfer allows individuals already holding H-1B status to begin employment with a new employer once the new petition is filed with USCIS. The employee should not begin working until they have received confirmation from ISSA that the petition has been filed. The academic unit will follow the same H-1B process instructions above to initiate the H-1B transfer process.
Extension of Stay
It is the academic unit’s responsibility to complete the ISSA Immigration Request Form to initiate the extension process. If the academic unit intends to extend the beneficiary’s H-1B. ISSA recommends completing the Immigration Request Form to initiate the H-1B process 6 months prior to the end date of the beneficiary’s H-1B status.
Frequently Asked Questions
Please reach out to ISSA with additional questions. We have addressed a list of frequently asked questions here.