H-1B Sponsorship Process Overview
What is H-1B Sponsorship?
H-1B is an immigration status intended for temporary employment in a specialized field and requires a bachelor’s degree or higher in the field. H1B sponsorship requires a petition to be filed with the United States Citizenship and Immigration Services (USCIS), which is a part of the U.S. Department of Homeland Security.
Marshall University works with Bravlin Law Firm in Arlington, Virginia for all H1B petitions. The Office of International Student Services facilitates the process with Bravlin Law Firm and the sponsoring department. All H1B and PERM (EB-2 only) legal fees are paid by the MU central fund. Departments are responsible for H1B filing fees, including premium processing. Employees must cover all dependent costs, including legal and filing fees. Current USCIS filing fees can be found at: https://www.uscis.gov/forms/filing-fees. If the employee wishes to pursue EB-1 or NIW, employee is responsible for all costs. Additional information about legal requirements for H1B sponsorship available in NAFSA manual.
What types of positions are suitable for H-1B sponsorship?
Generally, full-time faculty positions are most suitable for H-1B sponsorship. Administrative positions may be considered on a case-by-case basis and require prior approval from the Office of International Student Services.
H-1B Sponsorship Process
Step 1: Department requests to initiate H1B process.
Step 2: ISS emails Bravlin Law Firm to initiate the process.
Step 3: Bravlin emails H1B packet (parts A & B) and Deemed Export Form to the department.
Step 4: Department sends completed parts A & B, Deemed Export Form, filing fees, and all supplemental immigration documents to ISS.
Step 5: ISS reviews packet and forms for completion, and sends to Bravlin Law Firm.
Step 6: Bravlin reviews case, files the Labor Condition Application with the US Department of Labor, prepares and sends Public Access File and Posting Notices to ISS.
Step 7: ISS emails posting notices to HR to post on website for 10 business days.
Step 8: Bravlin prepares I-129 H1B petition and emails documents to ISS for signature.
Step 9: ISS ships original documents to Michael Lin at Bravlin for USCIS filing.
Step 10: Upon case approval, Bravlin will send approval notice to ISS. ISS sends approval notice to HR and employee via email for I-9 purposes. The original approval notice stays with ISS for record keeping.
For the Department to send to ISS:
- Completed Part A of H1B Packet
- Deemed Export Form
- Check for Anti-Fraud Fee*
- Check for I-129 Filing fee*
- Check for premium processing (optional)*
- Additional documentation – may be requested as needed
*All checks should be made payable to the Department of Homeland Security and each fee must be paid by separate checks. Current USCIS filing fees can be found at: https://www.uscis.gov/forms/filing-fees.
Please provide the following documentation to the department:
- Curriculum vitae
- A copy of all your university diplomas and transcripts
- Foreign credential evaluation (see below for more info)
- All copies of your I-20s/DS-2019s (formerly known as IAO-66, if applicable)
- A copy of your current passport data pages
- A copy of your I-94
- A copy of all your previous H-1B approval notices, if applicable
- Most recent pay statements and W-2, if applicable
- A copy of your family members’ passports, I-94s, and visa stamp pages (only if they are seeking to change or extend the status along with yours).
NOTE: If your transcripts and diplomas are from universities outside of the United States AND you do not have a US earned degree, you may need to have a credential evaluation done by a credible credential evaluation agency. If you have not previously obtained a foreign credential evaluation, University Attorney will submit such a request on your behalf to get an evaluation for you. You agree to be personally responsible for the evaluation cost.
For additional information and to begin the H-1B sponsorship process, please email us at iss@marshall.edu. More FAQs for Marshall University departments are available online at: https://www.marshall.edu/iss/iss-help-desk/faqs/departments/.