H-1B Instructions & Examples

UCSB H-1B APPLICATION INSTRUCTIONS

Since the 1990 restructuring of the H employment visa category, anyone seeking to change to, 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 Immigration Service. In our area of California, the processing time for the H category should be completed within 6 months. Because of this long processing timeframe, planning ahead is crucial. Please communicate with Billy Ko at x2097 to discuss the following procedures in more detail, related to the applicant's specific situation.

PLEASE NOTE: (You must have Adobe Acrobat Reader version 3 or higher installed on your computer in order to view the following forms and attachments)

• UCSB Department sends a "draft" of the EDD Prevailing Wage Form by FAX to Billy Ko in OISS at x7132. He will return the EDD response to you by FAX in about one week.
• UCSB may pay above the amount EDD cites, but may not pay less than 100% of the cited amount. Call and discuss with Billy if there are problems with the cited wage. NOTE: For non-visiting academic titles, salary must be "on step" - please check with Academic Personnel for specifics.
• The EDD form is attachment 1.

• Using the approved wage from EDD signed form, UCSB Department faxes a "draft" of the ETA 9035 form to Billy at x7132, he will complete it "on line" and send it for signature to Patricia A. Sheppard, Director, Academic Personnel.
• The period covered by the 9035 should begin no earlier than one month after the time the form will be signed by Patricia A. Sheppard.
• The period of each H1B employment request may be up to three years. Remember, however that H1B employment is limited to 6 years total (including all H1B employment with other U.S. employers).
• The 9035 form is attachment 2.
• Billy will fax a copy of the signed form to you to copy and post (see below) and he will also send the 9035 form on to the DOL office for their approval.

• Two xerox copies of the signed 9035 form must be posted in two conspicuous locations in your Department for at least 10 working days.
• When the 10 days have passed, the posted notices must be signed by the Department Chair or Institute Director with a statement as to where and for what period these two forms were posted.
• Law requires that the following documents be kept on file in the employing office for one year beyond the end of the 9035 form's period of validity, and that these must be made available for public inspection within one working day after the 9035 has been filed with the DOL (this is the day it is faxed to OISS):

1. Xerox of the EDD prevailing wage determination;
2. Xerox of the signed 9035 form;
3. Dept. head witnessed copies of the posted 9035 forms
4. Documentation Packet for application

While notices are being posted, the following documents should be sent forwarded to Billy Ko in OISS:

PLACE A SIGNED AND COMPLETED CHECKLIST ON TOP OF THE DOCUMENT MATERIALS WHEN SUBMITTING TO OISS. PACKET CANNOT BE ACCEPTED WITHOUT THE COMPLETED CHECKLIST.

1. Data Sheet for H1B request which has been signed by Dept. Chair/Institute Director. The Data Sheet is attachment 3. Please note that this has to be signed by the Dept. Chair and the contact information has to be completely filled out.
2. Formal Department/Institute request letter for Immigration approval. The UCSB letter example is attachment 4.
3. Fees:



For first time H1B or Transfer of current H1B:

1. a) one $320.00 check and b) one $500.00 check

For H1B extension with same employer or amendment with same employer:
one $320.00 personal check All checks to be made payable to: "U.S. Citizenship & Immigration Services" Optional Expedite Fee--For premium processing for any H1B application: $1000.00 check payable as above

NOTE: Separate checks are required for each applicable fee.

For applicants inside the U.S. also provide the following:

• Xerox copy of both sides of I-94 card from applicant's passport
• Xerox copy of I-94 card(s) for any visa dependent family members - if they are also inside the U.S., and-- Note: Visa dependents are family members who have a visa status based upon your visa (i.e.: J2, F1, H4)
• I-539 formcompleted by H applicant's visa dependent family member(s)--if they are also inside the U.S.--plus fee in the amount of $200.00 (this fee will increase to $300 effective July 30, 2007)
• AND a copy of the marriage and/or birth certificate/documents for each H visa dependent family member (with English translation, where necessary).
• Original copy of current visa document--either the I-20 form; the DS-2019 (for J status we need the current original, plus copies of all prior DS 2019 or IAP-66 forms); or a copy of the previous H approval notice, form I-797 --- as well as copies of all related U.S. visa stamps from the passport (whichever reflects the most recent U.S. status). Note: If applicant is on F-1 Practical Training, a photo copy of the Employment Authorization Card is also required.

AND ... whether inside or outside the U.S., please provide the following in triplicate:

• UCSB letter describing benefits (written contract/oral agreement letter) with a xerox copy of blank Benefits Eligibility Form (BELI) or a print-out of BELI level benefits attached (please place arrow at level of applicant's eligibility level). The Benefit Letter is attachment 5.
• Xerox of U.S. degree document OR
• Xerox of non-U.S. degree document (with English translation, where necessary) and
• Xerox of a separate letter from UCSB stating U.S. degree equivalency -- U.S. equivalency letter example is attachment 6 .
• Xerox of true copies statement dated and signed by applicant. The True Copy Statement example is attachment 7.

Once the above documents are received by OISS, the Immigration Petition forms (I-129 and H Supplement) will be prepared and returned for the signature of the Dept. Chair/Inst. Director. When the signed 9035 form is returned to OISS from the Department of Labor, the entire document packet will be sent to Immigration for processing.

Remember that the H1B employment may begin only after the authorization is granted by Immigration and the approval notice returned to the applicant. The H-1B applicant will need to show the approval notice with the other I-9 Employment Eligibility Documents to the employing campus office.

Please direct your questions related to this process to:

Billy Ko, Scholar Specialist
Office of International Students & Scholars
Phone - (805) 893-2097
Fax - (805) 893-7132
E-mail – ko-t@sa.ucsb.edu