Information for WHOI Sponsors

H-1B

Process

The H1-B process is essentially a four-part process involving three primary entities; the employer-employee, the Department of Labor, and the U.S. Citizenship and Immigration Services.

Stage One

The first step in the H-1B process is information gathering. The following factors are taken into consideration when determining whether or not to sponsor a foreign national for H-1B status:

• Institution Policy; It is the policy of the Woods Hole Oceanographic Institution to generally sponsor H-1B visa petitions on behalf of its Scientific and Technical Staff. Directorate approval is required.
  
• Does the position qualify as a "specialty occupation?" The law defines a "specialty occupation" as one that requires theoretical and practical application of a body of knowledge for which the attainment of a Bachelor's degree or higher (or its equivalent) as a minimum for entry into an occupation in the United States.
  
• Does the foreign national have the necessary credentials to qualify for H-1B status? The foreign national must demonstrate that they are qualified for the position. If the position requires a license, the individual must have the license. They must meet all criteria for the position and provide evidence. If the position does not require the application of a specialized body of knowledge, the H-1B petition will be denied even if the foreign national holds a specialized degree.

Stage Two

The second step requires an employer to obtain documented information to determine whether the salary it proposes to pay meets the Prevailing Wage and the Actual Wage Requirement. The Prevailing Wage is the average rate for wage for similar positions in their geographical area. The Actual Wage is the wage paid by the petitioning employer to other workers with similar experience and qualification for a particular position. The employee must pay the foreign national no less than 95% the Prevailing Wage or Actual Wage, whichever is greater. The prevailing wage is used to support the Labor Condition Application (LCA).

Stage Three

After the prevailing wage has been determined, the employer must complete and file a Labor Condition Application (LCA) with the Department of Labor for approval. The LCA certifies that the employer will meet certain wage and working conditions.

Copies of the signed form must be posted in two locations on the employer's premises (Human Resources Office and department where employee performs service) for ten (10) business days.

In order to comply with documentary requirements of the LCA, a "Public Access File" is compiled for review and inspection by any interested party. In addition, other documents must be made available to the Department of Labor, if requested.

Stage Four

The last step in the H-1B process is filing the application with the U.S. Citizenship and Immigration Services. USCIS reviews the final application for H-1B status and, upon approval, notifies the U.S. Consulate overseas to approve the visa for entry into the U.S. If the foreign national is already in the United States, it may be possible to change the visa classification or to change the petitioning employer without the individual departing the US. However, if the alien later travels abroad, for any reason, they must obtain an H-1B entry visa at a U.S. Consulate overseas before returning the U.S.

WHOI Processing

The Institution's Immigration Attorney currently processes all H-1B visa petitions working directly with the foreign national and the Foreign National Advisor. A minimum of three to four months' lead time should be allowed to complete the application process. USCIS does offer "Premium Processing" for an additional $1,000 fee. This guarantees review of a case within 15 days of filing.