H-1B Sponsorship

The H-1B visa is employer-sponsored. Therefore, the employer is the applicant in this process and must receive approvals from the U.S. departments of Labor and Homeland Security. If approval to sponsor a new or current employee for H-1B status is granted, the sponsored employee’s visa status can be changed to H-1B concurrently.

See information for current H-1B employees.

To be eligible for H-1B sponsorship, a position must have a job title requiring a minimum of a bachelor's degree both by UNMC and as the industry standard.  

H-1B approvals are position, salary, and employer-specific. Changes in any of these categories after the H-1B has been approved often necessitate a new H-1B petition. Therefore, hiring departments should consulate with our office before making fundamental changes to an H-1b employee’s current position.

Preparation: The procedure for new H-1b sponsorship, extending H-1B sponsorship, or amending an H-1b approval is very similar.

The hiring unit will need to complete a form to show salary information on current employees who are US citizens within the hiring unit with same job titles. This requirement is used to determine the “Actual Wage” for the position.

The hiring unit must agree to pay return airfare for the H-1b sponsored employee’s home country if the department terminates the employment before the H-1B approval expires. This stipulation is not required in the case of voluntary termination.

From July to January, cases can generally be prepared in one month. Due to high case volume, preparation times may increase to two months from January to June. Preparation includes receiving an approval for an application submitted to the US Department of Labor.   

Processing at the USCIS: After a case is prepared, it is submitted to the USCIS. Using a expedite system called Premium Processing, the case will either be adjudicated within 15 days or the USCIS will send a request for more evidence. Upon receipt of additional evidence, the USCIS will generally make a final decision within another 15 days.

Without Premium Processing, USCIS will likely adjudicate the case in two – seven months.  When extending H-1b sponsorship, employers only need to have an extension case pending at the USCIS before the employer’s current approval expires in order to continue employment past the current expiration date. Prospective employees who already has H-1B status may begin employment at UNMC as soon as the H-1B petition is received by the USCIS.

USCIS application fees: New H-1B sponsorship costs $960 and extending H-1B sponsorship is $460. Expediting an H-1b case at the USCIS costs an additional $2,500.  The fee is most often paid by the employer, but can be paid by the employee if reason for expediting the case is so that the employee can travel outside the US.

The approval can be granted for a maximum of three years and can be extended for a total of six years. If the H-1b employee is the beneficiary of an approved I-140 application, H-1b sponsorship can be extended indefinitely. H-1b case to sponsor House Officers are generally approved in one-year increments because Temporary Education Permits are valid for one year.