Anyone seeking to change or to renew the H status must first have documentation from the Department of Labor (DOL) and from the Employment Development Department (EDD). This documentation must attest to certain employment conditions as well as to confirm that the wage offered is at or above what the State considers to be the "prevailing wage" for this type of position. Final approval comes from action by the US Citizenship and Immigration Services. The H-1B petition process varies in time. Because of this long processing timeframe, planning ahead is crucial. Please communicate with Billy Ko at x2097 to discuss in more detail how the following procedures relate to the Applicant's specific situation.
The H-1B Application Instructions apply to the following petition types:
- New H-1B employment
- Extension of H-1B employment
- Amendment of previously approved H-1B employment
- Transfer of H-1B employment to UCSB
- Concurrent H-1B employment ( UCSB as second employer)
STEP 1: Documenting the Prevailing Wage
- The UCSB Employing Department submits the Prevailing Wage Request Form to OISS by fax at x7132. OISS will return the prevailing wage determination in about one week
NOTE: Information on the prevailing wage form should be specific to the position requirements, not describe the Applicant’s professional background and training.
- The UCSB Employing Department may pay above the prevailing wage minimum, but may not pay less than 100% of the cited amount. Call and discuss with OISS if there are problems with the prevailing wage determination
NOTE: For non-visiting academic titles – salary must be “on step.” Please check with the Office of Academic Personnel for specifics.
STEP 2: H-1B Document Packet and ETA 9035 Form
- Assemble the H-1B Document Packet
- Complete the ETA 9035 Form and fax to OISS at x7132. OISS will obtain the approval signature from the Director of Academic Personnel
- The period of each H-1B Employment request may be up to three years
NOTES:
- The H-1B visa category has a 6 year maximum period including all H-1B Employment with other U.S. Employers.
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The ETA 9035 Begin Date cannot be retroactive and cannot have a begin date more than 6 months in the future.
- Information on the ETA 9035 Form will be submitted online by OISS to the Department of Labor for the Labor Condition Application (LCA) and will require an estimated 7 working days for approval
- OISS will fax the approved LCA form to the UCSB Employing Department to copy and post. (see Step 3 below)
STEP 3: Posting the Labor Condition Application
- Two xerox copies of the approved LCA must be posted in two visible locations in your office for at least 10 working days
- Once the posting period ends, the LCA forms must be signed by the Department Chair/Institute Director with a statement as to where and for what period the forms were posted
- Law requires that the Prevailing Wage determination and LCA be kept on file in the UCSB Employing Department for one year beyond the end of the LCA’s period of validity, and that these must be made available for public inspection within one working day after the LCA has been filed with the Department of Labor
The H-1B employment may begin only on/or after the begin date approved by US Citizenship and Immigration Services and the H-1B Approval Notice returned to the Applicant. The Applicant will need to show the H-1B Approval Notice with the other I-9 Employment Eligibility Documents to the UCSB Employing Department.
NOTE: For H-1B extension and H-1B transfer requests to UCSB, the receipt
notice allows employment continuation under the 240 day rule.
Traveling in the H-1B status:
Generally, the Applicant may travel only after the H-1B Approval petition is approved by US Citizenship and Immigration Services and the H-1B Approval Notice is received. The Applicant and/or UCSB Employing Department will be notified by OISS to collect the H-1B Approval Packet that consists of the following documents:
- H-1B Approval Notice (Form I-797)
- Copy of form I-129
- Copy of H-1B Labor Condition Application
- Sample departmental letter confirming the initial or the continuing position
The H-1B Approval Packet and a valid H-1B travel visa will enable international travel. Re-entry to the US in the H-1B visa status will require a valid H-1B travel visa that can only be obtained using the H-1B Approval Packet documents as proof of employment eligibility for the visa application process at any U.S. Consulate/Embassy locations.
Please direct your questions to the H-1B Petition Process to:
Office of International Students & Scholars
Student Resource Building, Room 3130 MC-7150
Fax: (805) 893- 7132
Billy Ko, Scholar Specialist Tanya Plant, Immigration Counselor
Phone: (805) 893-2097 Phone: (805) 893-2354
E-mail: ko-t@sa.ucsb.edu Email: plant-t@sa.ucsb.edu