Complete Form I-9
H-1B employees are required to present their employment authorization documents to Human Resources within three calendar days of their start date so that Form I-9, Employment Eligibility Verification, can be completed. The H-1B Approval Notice (Form I-797), I-94, and a valid passport serve as Acceptable List A Documents for Form I-9. H-1B employees who have an approved extension of stay must reverify their I-9 by presenting their new H-1B Approval Notice/Receipt Notice (Form I-797)*.
The I-9 must also be completed when an H-1B employee transfers from another institution. Please note for an H-1B transfer, the I-9 cannot be completed until an H-1B petition is filed by Notre Dame. HR will not accept an H-1B Approval Notice/Receipt Notice (Form I-797) unless the petitioner listed is Notre Dame**.
*An H-1B Receipt Notice (Form I-797) documenting that a timely H-1B extension of stay has been filed by Notre Dame will allow a current Notre Dame employee to continue working for 240 days, or until the requested end date (whichever is shorter), while their H-1B extension application is pending.
**An H-1B Receipt Notice (Form I-797) documenting that a timely H-1B transfer has been filed by Notre Dame will allow a new Notre Dame employee to begin employment while their H-1B transfer application is pending.
Complete FNIS Profile
H-1B employees who are new to the university or who’ve recently begun H-1B status must email ndtax@nd.edu to request access to FNIS, a system used to generate tax forms and determine tax treaty eligibility. ND Tax will direct you FNIS where you will complete/update your profile, thus ensuring that the correct amount of tax is withheld from your pay.
Check-In With ISSA
H-1B employees who are new to the university or who’ve recently begun H-1B status must submit the ISSA’s International Employee Check-In form.
Maintain Valid Documents
While in the US, your passport must remain valid for at least six months into the future. Contact your embassy or consulate within the US to extend your passport.
Your H-1B Approval Notice (I-797) and I-94 must also remain valid while you are in the US. To apply for an extension of status within the US, ISSA must file a new application with the government. Because processing an application can take several months, please contact ISSA 3-6 months prior to the expiration of your current I-94. In most cases, you can continue working while USCIS processes the petition.
Upload your I-94 to ISSAlink after each US entry. Each time that you enter the US, an I-94 Arrival Departure Record is created. This record is considered your lawful record of admission and it establishes your immigration status. It is imperative that you check your I-94 after each entry into the US. Specifically, check the Class of Admission and Admit Until Date. The Class of Admission must match your visa type, and the Admit Until Date must match your I-797 Approval Notice end date. After each entry into the US, download your I-94 from https://i94.cbp.dhs.gov/I94/#/home and upload it to our I-94 Upload for H-1B, TN, E-3, and O-1 Employees form in ISSAlink. It is your responsibility to check your I-94 and alert us of any issues; we review your I-94 to ensure that there are no status issues that will disrupt your employment at the university. Failure to apply for an extension of stay or to depart the US by the end date noted on your I-94 record will result in unlawful presence in the US.
Report Address Changes Within 10 Days
If the H-1B employee has any change of US residential address, they are required to notify USCIS within 10 days by filing Form AR-11. Form AR-11 can be completed online here: https://egov.uscis.gov/coa/displayCOAForm.do.
SOME AR-11 QUESTIONS AND TIPS FOR ANSWERING THEM
Is this change of address for an application or petition currently in progress?
For this question, choose "No" if the application/petition currently in progress was signed by the University of Notre Dame, such as an I‑129. Choose "Yes" if the application/petition currently in progress was signed by you, such as an I‑539, I‑765, or I‑485.
I am in the United States as a:
For this question, check the box marked “Other.” Enter your current visa status (such as H-1B, TN, E-3, or O-1) on the line.
A-number (copy number from alien card)
If you have ever obtained an Employment Authorization Document (also called an EAD card) from US Citizenship and Immigration Services, enter the number from the card here. Otherwise leave this space blank.
File Annual Taxes by April 15
Local, state, and federal income tax is due every year on April 15 for the prior calendar year.
H-1B employees are considered resident aliens for tax purposes once they meet the “substantial presence” test. Resident aliens for tax purposes and are subject to FICA (Social Security and Medicare withholding) and therefore are eligible for the same tax rates, exemptions, and deductions as US citizens.