Sponsoring an H-1B Employee

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 as soon as possible.

Application Procedure for H-1B

H-1B request submission involves two steps: a MyOISS request and SharePoint cloud folders. Both the department and employee must complete the MyOISS data entry and upload required documents to SharePoint (via the link emailed to you) as soon as the 'Scholar/Employee Intake (Non J-1 Yale)' request in MyOISS is approved. MyOISS 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 'Scholar/Employee Intake (Non J-1 Yale)' request in MyOISS. Once the submitted request 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 a request in MyOISS 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 MyOISS 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.

  1. The H-1B Support letter (click for instructions)
  2. 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.
  3. 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.
  4. 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.
  5.  EB Sponsorship Attestation Form: Both the lead administrator and the department’s OISS liaison must jointly attest to all listed points to move forward with the H-1B sponsorship request. 
  6. USCIS Filing Fee Payment Form: to provide valid COA as part of the sponsorship request.
  7. 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 include all physical street addresses where the employee will perform their duties (e.g., teaching, research, clinical work). This should not be the department’s main administrative office unless that is the actual worksite.

Positions requiring sponsorship must be full-time (100% FTE) and performed entirely on campus or at Yale-affiliated worksites within Connecticut. Remote work outside Connecticut is permitted only when substantial business needs require duties that cannot be fulfilled on campus, and such arrangements must receive prior approval from OISS; personal reasons do not qualify. All worksites must be listed in the approved visa documentation (e.g., DS-2019, Employment-Based visa petition) before the employee may begin working at those sites. Fully remote positions are not permitted under Yale’s visa sponsorship policy.

An incorrect worksite address or the need to add additional worksites will require filing a new petition with USCIS, including associated fees.

If the employee will work at more than one location, the Multiple Worksite Information Form must also be uploaded. Ensure that all listed worksites meet the required conditions outlined above.

Filing Fees

Under H-1B regulations, the hiring department is responsible for covering all costs associated with the sponsorship. OISS will submit payment to USCIS on the department’s behalf at the time of petition filing and will then charge the sponsoring department. To process this transaction, the department must fill out the USCIS Filing Fee Payment Form with a valid COA as part of the sponsorship request. Please note that USCIS only accepts electronic payments (e.g., credit card); paper checks are no longer accepted.

See the Fee Requirements page for the H-1B Petition Fee Calculator and details on the different fees.

    Courier Label

    Depending on the case type, OISS will determine the appropriate petition filing method—either online or by paper submission. 

    If a paper filing is required, OISS will inform the department when it is time to create a courier label and will provide the correct USCIS mailing address. 

    • Please note that eShipGlobal airway bills must be used within 14 days of creation to avoid billing issues. If the shipment is not completed within this window, the order must be canceled, and a new label generated. 
    • Your OISS adviser will guide you on the appropriate timing for label creation once the petition is ready for submission. 
    • Due to the time-sensitive nature of H-1B filings, OISS exclusively uses FedEx for all shipments to USCIS. 

    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.