The following is guidance for preparing the department support letter for H-1B applications (to be signed by the direct supervisor of the H-1B employee). Do not send the letter directly to USCIS. Please send it along with other required documents to the OISS adviser working on this H-1B application.
Sample Letter
Subject: Re: H-1B Petition on behalf of Dr./Mr./Ms. [Employee's Full Name]
Dear U.S. Citizenship and Immigration Services:
Paragraph #1: Opening Support Statement
- Start with a statement in support of the application for the H-1B status.
- State the employee’s appointment title and salary (as of the requested petition start date) and dates of requested H-1B sponsorship (from/to.)
- State the direct supervisor’s name and title.
Note: It is recommended that the visa sponsorship be for as long as possible, with a maximum application period being for three years. The requested period may coincide with the current appointment/contract term, but this is not required. For questions, please contact your OISS adviser.
Paragraph #2 : The Employer
- Describe the school, department, and lab/section.
Paragraph #3: Description of the Offered Position and its Requirements
Please explain the academic and technical nature in simple layman's terms. This paragraph is about the offered position, not about the employee.
- Describe the duties of the position in detail to establish the depth, complexity, level of specialization for which the employee would be responsible.
- For researcher positions: Also describe and research area(s) that the position is required to work on, including expected outcomes - what will the position's research try to achieve and why it is so important? (e.g. “to find an innovative method to treat cancers”)
- State the degree requirement for the position, including acceptable fields of study (e.g. “PhD in Biochemistry, Molecular Biology, Bioinformatics, or other related field”.)
- Explain any specific skills, training or licensure needed to perform the duties above (beyond normal standards of good communication/interpersonal skills, good writing skills, etc.).
Paragraph #4: Description of the Employee and their Qualifications
- Start with a statement that the employee “…is eminently qualified for the position based on their education and professional experience”
- State the highest related degree earned and the specific field of study
- Name the specific skills, training/prior professional experiences or licensure the employee has and how they meet the position requirements stated in paragraph #3
Paragraph #5: Closing Statement
It is a requirement to state the following in the letter:
- The department will comply with the terms and conditions of the Labor Condition Application (see below) for the duration of the authorized period of stay; and
- The department understands that it is liable for the reasonable cost of the employee's return ticket home should the employee be dismissed prior to the expiration of the authorized period of stay.
Sincerely,
[Name, Supervisor]
Labor Condition Application Information for Departments
The conditions of the Labor Condition Application (LCA) include:
- The individual will be paid the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment, or the prevailing wage whichever is higher; and
- The individual's employment will not adversely affect the working conditions of similarly employed workers; and
- The H-1B filing notice has been posted for at least ten business days in accordance with U.S. Department of Labor regulations.
