To know about the H Visa -- a temporary worker visa for international faculty International Scholar & Student Services

H-1B Visa  The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations.  The H-1B visa is granted in increments not to exceed a total stay of six years.

Spouse and Children  Spouse and children under 21 years of age may be entitled to remain in the United States for duration of the H-1B visa holder’s authorized stay.  The spouse and children under 21 years age are permitted to attend school on their H-4 visa status.  They are not permitted to work as H-4 visa holders.

H-1B Petition Timeline The hiring department makes a request for the H-1B petition (at least 6 month in advance). Prevailing wage must be met (Texas Workforce Commission, takes up to 6 weeks). The Labor Certification Application (LCA ) must be certified by the Department of Labor, and the certification is posted publicly for 10 business days.

H-1B Petition Timeline (cont.) I-129 Form (Petition for a Nonimmigrant Worker) is completed and the petition packet is submitted to USCIS. ISSS receive the receipt from USCIS (2-3 weeks). ISSS receive the Form I-797 (Approval Notice) from USCIS. Standard Processing: 4-6 months Premium Processing: 15 business days

Documents needed:  From the department:  H-1B Worksheet  Export Control Certification  Letter of Support  From the employee:  H-1B Questionnaire  Employment contract  Employee’s c.v./resume  Employee’s diploma  Employee’s (photo and bio. page of) passport  Signed the True Copies Statement

Documents (cont.) If the employee’s status is changed from F-1 to H-1B, please provide copies of I-20 most recent visa stamp most recent I-94 arrival record (front and back of the card) Employment Authorization Document (EAD)

H-visa Fees Fees payable to The US Department of Homeland Security:  Filling fee: $325  Anti-fraud fee: $500  Premium processing fee: $1,225  Immigrant Document Service fees payable to UT Austin International Office: $1,500

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