Visas

H1-B Visa

As described by the 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…”

Additionally, the H1-B process requires an employer and H1-B beneficiary to meet and comply with the numerous DHS and Department of Labor requirements as well as specific rules and procedures that apply in the process of petitioning for and award of the H1-B specialty worker visa.  Appalachian State University uses this process only for Tenure Track faculty teaching positions.

H1-B Application Filing Process by Employer

1. Conduct Wage Analysis. Employer's proposed salary must be equal or greater to the prevailing wage analysis. Submit a Prevailing Wage Form to the Employment Security Commission of North Carolina.

2. Submit online Labor Condition Application (LCA) on Form ETA 9035E www.LCA.doleta.gov.

3. Upon certification of the LCA, submit the INS Form I-129 with fee exemption
form I-129W.

Form I-129 and I-129W can be found at the following web site: http://uscis.gov/graphics/formsfee/forms/index.htm Individual forms and associated fees may be found by scrolling through the site and then downloaded.

H-1B Conditions

  • H-1B visa belongs to the petitioner, NOT the prospective employee
  • Employee may not begin work until Form I-129 (the actual petition form) is approved
  • 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 process for filing for permanent residency is still under development at Appalachian State University.

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.