H-1B

Sponsoring Department Responsibilities

  • Initiate the H-1B process by completing an H-1B Petition Request.
    This form can be used for filing an initial petition, an extension of H-1B employment, or an amended petition. The department must also access the H-1B Applicant Information Form or in the case of an extension request, the H-1B Employee Information Form - Extension and forward it to the applicant for completion. The OIS will complete the actual H-1B petition using the information from these forms.
  • Review and sign the H-1B Attestation.
    Both the H-1B faculty or staff sponsor and the department chair or department head should review this document carefully to ensure compliance with all of the attestations listed, particularly those associated with the H-1B Labor Condition Application. By signing this form, the department administration acknowledges and agrees to adhere to these attestations.
  • Complete an Actual Wage Comparison Form.
    Departments should not complete this form before reading the Instructions for Completing the H-1B Actual Wage Comparison Form and Actual Wage Memorandum. When providing an employee’s years of experience, it is essential that the department provide accurate information and include all related work experience, including experience acquired outside of the United States. The OIS will carefully review these forms to ensure that an H-1B employee’s salary falls within the range of salaries paid to other comparable employees.
  • Complete an Actual Wage Memorandum.
    This document summarizes the criteria used to determine an H-1B employee’s actual wage rate. The department will be required to identify the number of employees that are comparable to the H-1B employee and confirm that the H-1B employee’s salary falls within the range of salaries paid to others with similar qualifications and experience.
  • Draft a letter of support.
    A supporting letter must be included with in the H-1B petition package. The letter for an initial petition should state the purpose of the petition, provide background information about the Medical Center, summarize the job duties of the prospective H-1B employee and list the candidate’s qualifications to confirm that he/she is qualified for the position. Please refer to the sample letter under the Forms section. Supporting letters for extensions of H-1B employment do not have to be as detailed as those for the initial period of employment. A suggested format is also provided for extension letters.
  • Complete a Deemed Export Questionnaire.
    In a nutshell, the purpose for completing this document is to determine if a prospective H-1B employee will have access to technology or technical data that is subject to U.S. export regulations and if this technology or data will be “released” to the employee. If the answer to these questions is “yes,” a determination must be made as to whether UMMC must obtain a license from either the U.S. Department of Commerce or U.S. Department of State before releasing the technology or data to the employee. To date, we have found that the technology or technical data accessed at UMMC by H-1B employees is publicly available or used for educational/research purposes and therefore exempt from the licensure requirement. Additional details concerning deemed exports is included in the Deemed Export Attestation Overview.
  • Sign page 12, Section 1 of the H Classification Supplement to form I-129.
    At the appropriate time, the OIS will email a copy of the H Classification Supplement to the department for signatures. By signing this section, the department agrees to abide by the terms of the Labor Condition Application and to pay the reasonable cost of the H-1B employee’s return transportation to the home country if he/she is terminated, for any reason, before the end of the H-1B employment period.
  • Obtain all documents required for the H-1B petition.
    Refer to the H-1B Checklist, which includes all documentation to be provided by both the department and the H-1B applicant. In addition to submitting its own completed forms and documents, the sponsoring department is also responsible for submitting completed forms and documentation required of the H-1B applicant. All documentation must be submitted to the OIS as one complete package.
  • Complete purchase requisitions to cover all H-1B-related immigration fees.
    Since it may take the Accounting Department two or more weeks to process the requisitions and cut checks, it is suggested that the requisitions be prepared and submitted well in advance. Refer to the section titled "Preparing and Filing" for more details.
  • Post a notice of the H-1B employment.
    At the appropriate time, the OIS will instruct the sponsoring department to post a notice of the H-1B employment in two highly visible locations within the department. The OIS will prepare the notice and inform the department when to remove the notice. The purpose of the notice is to ensure that U.S. citizens are made aware of the forthcoming H-1B employment.