General Considerations
- Consult with your OISS adviser to determine whether or not H-1B is the best visa for the employee and/or the offered appointment/position. Please review information about eligibility and associated fees.
- The employee's requested title must take effect on the H-1B start date. Additionally, the position and title must be approved by the relevant authority (e.g., Faculty Affairs, Postdoctoral Affairs, etc.) before the H-1B sponsorship request is submitted to OISS.
- Processing time: Allow sufficient time for the preparation, submission and adjudication of an H-1B petition. Review H-1B processing time to ensure there is sufficient time before the start date to prepare and submit the petition. Your OISS adviser may recommend a different start date if the requested petition start date doesn’t allow sufficient time to prepare and submit the H-1B petition.
- The H-1B visa can be granted for up to three years and may be extended for a total of six years, regardless of the number of employers. OISS advises departments to request the full three-year period when submitting the H-1B petition, especially if there is a possibility that the position will be extended. However, departments should be aware of the return airfare obligation rule outlined below.
- The hiring department is responsible for return transportation costs for any H-1B employee who is terminated prior to the approved H-1B end date and who chooses to return to their home country. This includes not renewing one-year increment appointments and appointment termination in the middle of a contract term, and the rule applies to any position classification. The hiring department notifies the plan of discontinuation of the H-1B employee's employment while the discussion is in progress, and must submit the signed Early Termination Form to OISS.
Application Procedure for H-1B
H-1B request submission involves two steps: OISS Connect and SharePoint cloud folders. Both the department and employee must complete the OISS Connect data entry and upload required documents to SharePoint (via the link emailed to you) as soon as the New Sponsorship Request (NSR) is approved. OISS Connect is not used to collect and submit the required documents. The application process differs depending on whether the H-1B request is for a new or current H-1B employee.
Requests for the First-Time H-1B at Yale: New Hires and Current Employees Changing to H-1B
For new hires and current employees on another visa, the department must submit a New Sponsorship Request via OISS Connect. Once the submitted NSR is accepted, your OISS adviser will inform the department and prospective H-1B employee, by email, of the next steps, which include access to a cloud folder to upload the required documents. Your OISS adviser is automatically notified when you upload documents to this folder.
Requests for Current Yale H-1B Employees: Extensions, Title or Department Changes, Other Petition Amendments
Do not create an NSR in OISS Connect for an H-1B extension, title or department change or any other amendment to the original petition. Please contact your OISS adviser for further instructions. OISS will create a new record in OISS Connect according to the department request. Your OISS adviser will then inform the department and H-1B employee, by email, of the next steps with the cloud folder access. Your OISS adviser is automatically notified when you upload documents to this folder.
Required Documents for the H-1B Petition
NOTE: Use the forms linked below to ensure you are using the current version. Submitting the incorrect version will delay the process.
- The H-1B Support letter (click for instructions)
- Actual Wage Form: Per Department of Labor (DOL) regulations, this form is to document how the H-1B employee’s actual wage is determined by documenting the conditions of other similarly employed workers in the work unit. Departments must keep a list of similarly employed workers for potential Department of Labor audits in the future. Examples of “similarly employed workers in the work unit” are: (1) All Postdoctoral Associates in the same lab/on the same grant of the PI, (2) All Associate Professors in the department. If your department does not have sub work units (labs, sections, units, etc.), you may count all appointees with the same title who have the same years of service: e.g. PGY 3 Postdoc Associates, Year 1 Associate Research Scientist, etc. If you have questions, contact your OISS adviser.
- Prevailing Wage Form: Per DOL regulations, this form is to document the terms and conditions of the offered position, e.g. required job duties, degree level and field requirements, prior professional experience requirement, etc. to hold the position, essentially as they would be reflected in a position announcement. This form is NOT to outline the H-1B employee/beneficiary’s credentials.
- Deemed Export Control Form: The hiring department must complete the Export Control Form, and either submit the completed signed form directly back to OISS, or forward the form to the Office of Corporate Contracts and Export Licensing.
- Most recent offer letter (e.g., appointment/reappointment letter, promotion letter, etc.): The position for which the H-1B sponsorship is requested must be approved by the relevant appointment authority (e.g. Faculty Affairs, Postdoctoral Affairs, etc.) before OISS request submission.
H-1B Worksite(s)
The H-1B worksite(s) must list all physical street address(s) where the employee will conduct their position duties (e.g. teaching, research, clinical work, etc.). It is not the sponsoring department's main administrative office address (if that is not the physical worksite).
All sponsorship-required positions must be full-time (100% FTE) on-campus or at Yale-affiliated business premises in Connecticut. Remote work outside CT is only permitted depending for substantial business purposes where the assignments cannot be completed on campus. For entirely remote work approval by an appropriate university authority would still be required.
An incorrect worksite address or the need to add worksite(s) will result in a requirement to submit another petition (with fees) to USCIS.
If the the employee is assigned to work at more than one work location, then the Multiple Worksite Information Form must also be uploaded.
Fees and Courier Label
Your OISS adviser will notify you when to request the filing fee checks and create the shipping label:
- Application Fees Form: (1) Please use the most recent Application Fees Form for your check requests; (2) Make sure to use the correct address on the form for the check requests and courier label, otherwise it will cause further delays in processing.
- A courier label in order to send the application to immigration services (USCIS)
- eShipGlobal requires airway bills to be used within 14 days of creation to avoid billing issues. If the shipment is not made within 14 days, the order must be canceled and a new label must be recreated. Your OISS adviser will notify you of the best timing for creating a label when the petition gets to the stage of being ready to be submitted.
- The address can be found on the Application Fees Form. Note: Filing H-1B petitions with USCIS is a time sensitive matter. OISS only uses FedEx.
After OISS Receives the Required Documentation
Filing Labor Condition Application (LCA) to the Department of Labor (DOL): OISS will notify the department when the request processing progresses to this stage. You will be asked to review the H-1B request content accuracy before OISS submits the LCA to DOL.
Filing the H-1B petition to U.S. Citizenship and Immigration Services (USCIS): Once the LCA is certified by DOL and all the required documents are in order, OISS will submit the petition packet to USCIS via FedEx. The department and H-1B employee will be notified on the day of filing.
USCIS Adjudication Result: OISS will notify the department and H-1B employee when USCIS contacts OISS of the result of their adjudicaiton progress. This may be a receipt notice, or a request for evidence (RFE) notice.
USCIS Approval: When OISS receives the approval notice from the USCIS, the OISS adviser will contact the department and H-1B employee by email. If the H-1B employee is overseas, OISS will send the approval notice to the employee who must then apply for an H-1B visa stamp to use to enter the U.S. The H-1B employee must complete or update Form I-9 which can be done at the Yale I-9 Center.
