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The H1B visa classification may be granted to a foreign national who will perform services (work) in a speciality occupation. A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge to fully perform the requirement duties, and the attainment of a bachelor's or higher degree in the specific field as a minimum for entry into the occupation.
The academic department files on behalf of the employee for the H1B visa status. The department is referred to as the "petitioner" and the employee is the "beneficiary". The academic unit, the Center for International Education and the prospective employee all play different roles in completing this process. The H1B for Department is a summary of the process, outlines who is responsible for what, and includes a form, "Request to Initiate H1B Process." The LCA Authorization Form is also required.
The H1B for Employee information should be given by academic departments to the prospective employee after an offer has been made and the process has been initiated with the Center for International Education.
Outlined below is a list of responsibilities and documents needed to file a petition for an H1B application.
CIE and the academic department and/or College/School collaborate on the following:
- A completed Request to Initiate H1B Process (Department)
- A copy of the written contract/letter of offer (Department)
- An approved LCA (initiated by CIE/ISSS, signed by department)
- Form I-129 (initiated by CIE/ISSS, signed by department)
- $500 Anti Fraud Fee (Department)
- Some departments pay the I-129 Fee of $325.00, some departments require the beneficiary to pay the $325.00 fee. It is the department's responsibility to convey this information to the beneficiary.
- Evidence of UWM’s non-profit status (CIE/ISSS)
The Employee is responsible for the following:
- A copy of a U.S. baccalaureate or higher degree or the foreign equivalent (if a non-U.S. degree, it must be accompanied by both a translation and certification of equivalence from a professional credential evaluation firm)
- A copy of the employee's detailed resume/CV
- A copy of the cover page of any articles or books published by the employee
- A copy of any appropriate licenses the employee may hold
- U.S. employment history within the last five years. Must include job title, dates of employment and immigration status.
- A copy of the employee's visa and passport (if in the U.S.)
- A copy of all previously issued I-20’s (if applicable)
- A copy of all previously issued IAP-66’s/DS-2019s (if applicable)
- A copy of the waiver of home country residency requirement – 212E (if applicable)
- A copy of all EAD cards (if applicable)
- A copy of previously issued I-797s (if applicable)
- Employment history in the U.S. for the past 5 years
- I-539 original if employee has dependents changing status to H-4
- Copies of visa and passport for spouse (if applicable)
- Copies of visa and passport for children (if applicable)