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H1-B Visa

Appalachian State Unviersity supports the hire of tenure track international faculty throught the H-1B visa process. As described by the United States Department of Labor , " The H1-B program allows an employer to temporarily employ a foreign worker in the U.S. on a nonimmigrant basis in a specialty occupation.”

The H1-B process requires Appalachian and any potential H1-B beneficiary to meet and comply with the range of Department of Homeland Security, Immigration and Citizenship Service requirements and as well, with Department of Labor requirements. These specific rules and procedures define the process for petition and award of the H1-B specialty worker visa.  Appalachian State University uses this process only for Tenure Track faculty teaching positions.

The Hiring Department search committee should consult with OIED from the point at which an international job candidate emerges as a finalist for any tenure track faculty position..  When such a candidate emerges, the search committee chair should contact OIED to discuss theH-1B application filing process and checklist. All necessary materials should be forwarded to OIED to the attention of Robert White for use in completing the I-129 H-1B Visa Petition.

See: H1-B Application Filing Process and Checklist

NOTA BENE: Federal regulations require the use of print advertisements. See Search committee process and/or contact LINDA FOULSHAM in the office of Compliance. ALSO NOTE: The search committee chair must complete the FEDERAL PERM AUDIT FILE TEMPLATE by following THE FEDERAL AUDIT FILE GUIDELINES. This template must be completed prior to any contract offer is made through Academic Affairs.

Also note the following H1B conditions:

• H-1B process begins ONLY after a contract is issued by Academic Affairs.
• H-1B visa belongs to the petitioner (ASU), NOT the prospective employee.
• Employee may not begin work until Form I-129 (the actual petition form) is approved by issue of an I-797 official Notice of Action by the US Department of Justice.
• Petitioner is liable for reasonable transportation costs for the employee’s return home if the employee is dismissed from employment prior to the end of the H-1B authorization period.
• Employee is liable for return transportation costs if s/he voluntarily leave his/her H-1B supported positionn
• The hiring unit is responsible for collation and completion of all necessary forms in cooperation with the Office of International Programs.

Duration of H1-B Visa

• Maximum of 6 six years

Transfer

H-1B visas may be transferred from one petitioner to another if:

• Prospective employee has not exceeded the H-1B 6 year maximum
• Petition submits a new H-1B visa application
• Prospective employee may not work until Form I-129 is approved

Permanent Residency

In late 2004, Appalachian State University adopted a policy to support tenure track employees with permanent residency “green card.” Petitions.  The University can ONLY assist with the first two steps: filing the PERM Labor Certification Petition and in turn, filing the I-140 petition. OIED completes these two petitions, collaborating with the international faculty member.

The faculty employee is responsible for the final petition step of this application process – filing of the form I-485 – and costs associated with the required documentation that must accompany that petition such as biometrics,health information and translation of documents, etc.