H-1 Status

PROCEDURES FOR THE EMPLOYMENT OF FACULTY AND RESEARCHERS H-1B STATUS (SPECIALTY OCCUPATIONS) 

If the non-immigrant is coming as an employee in a specialty occupation (H-1B faculty, researcher or staff member): 

The department head will need to determine the actual wage and the prevailing wage for the position. 

The department head will file a Labor Condition Application with the US Department of Labor (DOL) and post a notice of such filing in two places on campus for ten business days. 

The Office of Human Resources will maintain a public access file and a DOL access file on that individual.

The Faculty Immigration Specialist (FIS) will submit an H-1B petition to the US Citizenship and Immigration Services (USCIS) on behalf of ASU and the department in question.

The department head will complete the form I-9 for the foreign faculty or staff member.

The FIS and the Office of Human Resources will review the I-9 to ensure that it is appropriately completed.  They will monitor in what capacity the alien may work and until when.

The FIS and the Office of Human Resources will notify the DOL and the INS if the employee’s title, duties or place of employment changes or if the employee leaves ASU before the end of the time period listed on the original H-1B petition.

The Payroll Department will advise the employee of the appropriate income tax withholdings. 

Any individual seeking permanent residency through employment at ASU needs to secure the assistance of an immigration attorney.  That person’s department head must fill out an Attorney Authorization Form and return it to the ASU vice chancellor to which he reports. 

Documents Required for Submitting an H-1B Application for Faculty and Staff

The FIS will assist the department chair in preparing the H-1B petition for submission to the USCIS.  The petition includes:

·        Form I-129 and the H supplements

·        A sample letter from the chairperson explaining the conditions of the employment

 ·        A signed certified labor condition application 

·        A copy of the non-immigrant’s contact 

·        A copy of the non-immigrant’s diploma and transcripts  

·        A copy of the non-immigrant’s resume 

·        A copy of the non-immigrant’s current immigration documents 

·        A copy of any previous immigration documents that the non-immigrant might have had.