Recruit and Hire an H-1B Faculty Member

Overview

H-1B status is available to citizens of all countries. To qualify for H-1B status, the foreign national must intend to come to the U.S. to be employed in a “specialty occupation.” A specialty occupation is an occupation that requires the “theoretical and practical application of a body of highly specialized knowledge; and [the] attainment of a bachelor’s or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.” Specific wage requirements must also be met. 

H-1B visas are considered “dual-intent” by USCIS. This means that individuals in H-1B status are eligible to petition for immigrant worker status provided other eligibility criteria have been met. UNC Charlotte only sponsors full-time faculty and researchers for H-1B. Individuals are eligible for up to 3 years of employment authorization plus a renewal for a second 3-year period; a total of 6 years of H-1B employment authorization.

Recruit and hire and h-1b employee

Planning ahead is the key to making the process as smooth as possible. This page contains important information on what you should know about hiring an international faculty member and sponsorship of the H-1B visa.

RECRUITMENT

Recruitment for permanent and tenure track teaching positions may result in selection of a foreign national requiring visa sponsorship. In order to ensure a successful competitive search, please review the Hiring Guidance for Teaching Positions on job recruitment language that will meet the University’s EEO review and current requirements of the Office of Foreign Labor Certification of the U.S. Department of Labor, via the Special Handling PERM for University and College Teachers.

Also read Where to Find Under-Represented Minority Faculty Candidates For Your Search.

HIRING AN H-1B EMPLOYEE

If your department has identified a candidate or extended an offer to an international requiring University visa sponsorship, the department chair and Business Officer or BSC must submit a visa sponsorship request in the ISSO Portal as soon as possible. The ISSO staff will then review and assess the request, determine whether the position meets the eligibility criteria and guide the hiring department and new employee through the process.

H-1B Extensions

To extend the employment on behalf of an employee already in H-1B status within your department, please submit this request in the ISSO Portal 3-6 months prior to their current H-1B expiration date. Department admins and current H-1B employees will receive auto reminders through the ISSO Portal, however it is the department’s responsibility to submit the request in a timely fashion. Note that H-1B extensions still require a new Labor Condition Application and a new petition to USCIS, so important timelines still apply.


PROCESSING TIMES

The H-1B process is complex and has non-negotiable built-in timeframes based on federal compliance-related requirements. For this reason, hiring departments should always allow 3-6 months for processing. This is true even for those individuals currently inside the U.S. wishing to transfer H-1B sponsorship to UNC Charlotte. 

USCIS FEE REQUIREMENTS

Below are the USCIS filing fees associated with Form I-129, the document used when requesting H-1B status. Hiring departments are responsible for all associated fees and costs, including mailing of the petition:

  • USCIS Filing Fee: $460
  • USCIS Fraud Protection Fee: $500 (for initial and transfers; not for extensions)
  • USCIS Premium Processing Fee: (case-by-case upon consultation with ISSO) $2,805*

* Please note USCIS fees are subject to change. Please consult https://www.uscis.gov/i-129 for updated and accurate information.

Click HERE for more guidance on requesting filing fee checks and express mail labels.
UNC CHARLOTTE EMPLOYEE-BASED IMMIGRATION SPONSORSHIP GUIDANCE

In order to ensure compliance with the complex federal laws and regulations and to avoid institutional liability for noncompliance, this guidance document has been developed by the International Student and Scholar Office (ISSO) with support from the Division of Academic Affairs, Office of the Provost, Office of Legal Affairs, and Human Resources. 
Please read through this document carefully to understand the general stipulations, limitations and obligations, hiring department responsibilities, employee responsibilities, and the overall processes and procedures.