H-1B temporary specialty occupation

The International Students and Scholars Center files H-1B petitions for teaching and research positions requested by sponsoring ASU departments. 

ASU may file an H-1B petition on behalf of a prospective employee when a job offer from ASU has been accepted via offer letter.

To be eligible for H-1B status, both of these requirements must be met:

• The position must be in a "specialty occupation" that requires the theoretical and practical application of a body of highly specialized knowledge and requires at least a bachelor’s degree or foreign equivalent in a specific field.
• The prospective employee must have one of the following:
  • The required education degree or its equivalent in the specific field, experience, and other requirements for the position.
  • A state license to practice the profession.
  • A combination of specialized training and/or experience that can be substituted for a U.S. degree.

The International Students and Scholars Center processes H-1B requests on behalf of foreign nationals sponsored by ASU and coordinates the H-1B process for university staff positions sponsored by ASU, which are then handled by outside legal counsel.

H-1B cap exemption

The federal government has placed a cap on the number of H-1B petitions the USCIS is allowed to approve each federal fiscal year. As an institute of higher education and research, ASU is exempt from this cap. This means that H-1B petitions processed by ASU and filed with the USCIS are not subject to this cap as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a).

The H-1B process begins once the ASU sponsoring department submits a complete and accurate H-1B request to the ISSC via Sunapsis, our electronic immigration database. The sponsoring department and foreign national must each upload their portion of the required documents and information via the Sunapsis eform portal. Departments who would like to sponsor employees in this category must 1) complete the Department Contact H-1B Training and 2) submit a complete eform request to ISSC.

Required documents

The USCIS can issue a request for evidence (RFE) or deny an application or petition at its discretion if the initial documentation provided is not deemed sufficient for approval. Read USCIS policy guidance here.

Your cooperation with ISSC, such as providing all supporting documents and any requested information or clarification, helps us process your petition in a timely manner. Failure to provide documents, information or clarification will cause a delay in the process.

Department documents

• Department support letter.
• I-129 Export Control Certification.
• Copy of job posting/waiver of recruitment.
• Copy of offer letter.

Beneficiary documents

• Copy of diploma and transcript for the highest relevant degree.
• Certification of Translation (if applicable).
• Copy of an official foreign academic credential evaluation for the highest relevant degree if earned from a foreign university (if applicable).
• All But Dissertation (ABD) letter (if applicable).
• Copy of most recent CV.
• Copy of all previously issued Form I-797 Approval Notices for H-1B status (if applicable).
• Copy of valid passport identification page.
• Copy of most recent visa and most recent entry stamp(s), including entries in H-1B status (if applicable).
• Copy of most recent I-94 document.
• Copy of current and previous immigration status forms, such as Form I-797, Form I-20, EAD card (if applicable).
• Copy of I-797 Receipt/Approval Notice for I-140/I-485 petitions (if applicable).
• Copy of any previously issued DS-2019/AP-66 forms and J visas for any time spent in J status (if applicable).
• Copy of Form I-612 J-1 Waiver Approval Notice (if applicable).
• Copy of three most recent pay stubs (if applicable).
• Document Certification.

Department Support Letter

Please use the most up-to-date template, which can be downloaded from the H-1B Checklist.

• Use “New” for Consular, Change of Status, and Change of Employer petitions
• Use “Extend H-1B” for Extension and Amendment petitions
• The USCIS will accept electronically reproduced original signatures.

Petition Filling Fee Checks

Sponsoring departments are responsible for paying for the beneficiary’s I-129H Petition filing fees. Each fee must be paid by a separate check. Checks should be made payable to “Department of Homeland Security”

ASU’s Accounts Payable requires that USCIS filing fee checks payable to Department of Homeland Security be generated with the internal ISSC mailing address: ISSC, PO Box 872812, Tempe, AZ 85287-2812. 
The checks will then be issued and sent by ASU intercampus mail to the ISSC office for inclusion with the petition.

Please request checks with your business office in a timely way, (when you submit the eform or earlier). We cannot submit a petition without the filing fees, and it takes time to process and deliver the checks to the ISSC office.

H-1B application fees

• Form I-129 Petition for H-1B Worker: $460.
  • Paid by sponsoring department.
• Anti-Fraud Fee: $500.
  • Paid by sponsoring department.
  • Not required for extensions or amendments.
• Form I-907 premium processing (optional): $2,805 (effective February 26, 2024).
  • Paid by the sponsoring department or beneficiary.
  • This fee is not required but guarantees that the USCIS will adjudicate the H-1B petition in 15 calendar days from the date the petition is received at its Service Center.

Dependent family member fees

• Form I-539 Application / I-539A Supplement for H-4 Status: $370.
  • Paid by beneficiary; single fee for >strong>one application for all dependents.
• Biometrics: $85.
  • Paid by beneficiary for each applicant.

Processing timeline

The H-1B petition process requires a prevailing wage determination, the certification of a labor condition application by the U.S. Department of Labor and worksite location posting notices. Please view the H-1B timeline for more detailed information.

The average times required for these steps, once the hiring department has submitted a complete and accurate H-1B request to the ISSC, is as follows:
Prevailing wage determination:

• 7-10 business days.
• The sponsoring department must pay the H-1B beneficiary either the actual wage level paid to all other employees with similar experience and qualifications for the specific position or the prevailing wage as determined by the DOL for the occupation in the geographical area of employment, whichever is higher.

Posting notices

• 10 business days (notices must be posted in the workplace).
• Posting notices provides notification to employees that an LCA has been filed with the DOL regarding H-1B nonimmigrant workers.

Labor condition application

• 7-10 business days.
• The employer (ASU) attests on the LCA that the employment of the H-1B beneficiary will not adversely affect the working conditions of workers similarly employed in the area of intended employment, and that at the time of filing the LCA there are no strikes, lockouts or work stoppages in the place of employment.
• UPDATE: Sponsoring departments can provide electronic notice of an LCA filing and may use any means ordinarily used to communicate with its employees about job vacancies or promotion opportunities, including its website, electronic newsletter, intranet, or email.

USCIS processing:

• Standard processing: 6+ months.
• Premium processing: 15 calendar days (extra fee required).

The ISSC cannot predict DOL or USCIS processing times and cannot guarantee an exact employment start date. H-1B employees and their sponsoring departments should plan accordingly and allow adequate time for processing. If the employee is in the U.S. on another visa type or outside the U.S., it is essential to initiate the H-1B request early. The ISSC can file an H-1B petition with the USCIS up to six months prior to the requested start date. When should sponsoring departments submit an H-1B? The sooner the better!

Under regular processing, it generally takes six months or more to adjudicate H-1B petitions. If premium processing is requested, the USCIS will expedite the adjudication process and issue a decision on the petition in 15 calendar days.

• A decision can be an approval, request for evidence (RFE) or denial. USCIS can issue an RFE or deny a petition or application at its discretion when the initial documentation provided is not deemed sufficient for approval.

The USCIS will issue a receipt notice that confirms the H-1B petition has been received. It generally takes about one to two weeks for the ISSC to receive the receipt notice. While the petition is pending, foreign nationals and departments can check the case status using the receipt notice number and view current processing times on the USCIS website.

H-1B extensions

• Upon receipt of the USCIS receipt notice, beneficiaries who are currently at ASU in H-1B status will have 240 days of continued work authorization beyond their H-1B expiration date as long as the H-1B extension petition is filed prior to the current H-1B expiration date.

Change of employer

• Upon receipt of the USCIS receipt notice, H-1B beneficiaries who are changing employers to ASU can benefit from the rule of portability. This allows employees in H-1B status to begin their new position at ASU as soon as the requested start date has been reached.
• Beneficiaries of these petitions may work until the petition is adjudicated by USCIS regardless of its processing time. Assuming the petition is approved by the USCIS, the new end date as indicated on the formal approval notice will prevail.
• If the USCIS were to deny the change of employer petition, employment authorization would end on that day.

Change of Status

• If a change of status petition has been filed, the foreign national must wait for the petition to be approved before starting H-1B employment at ASU (unless the foreign national holds another employment authorization document to begin employment prior to approval of the H-1B petition).
• When the H-1B petition has been approved, the USCIS will mail an I-797 Notice of Action/H-1B Approval Notice to ISSC. The ISSC will notify the sponsoring department and H-1B beneficiary that the approval notice has been received along with follow-up steps that include a Memo of H-1B Responsibilities to comply with H-1B regulations/requirements.

If the prospective employee is outside the U.S. and will enter in H-1B status, the U.S. consulate must first receive notification of H-1B approval directly from the USCIS, a process that may take up to two weeks.

The beneficiary must also schedule an appointment for a visa interview. The visa interview process varies from consulate to consulate, depending upon location and time of year. If security clearance is required, this could add several weeks or even months to the timeline.

What is a visa? A visa (also known as a “stamp” or “foil”) is an entry document. Foreign nationals can apply for an entry visa only at a U.S. embassy or consulate outside the U.S. It is affixed to a page in the passport and certifies that the consulate officer has found the foreign national eligible for admission at a U.S. port of entry in a particular classification such as H-1B.

To apply for an H-1B visa, the employee should visit the U.S. Department of State’s embassies and consulates website to view the visa application requirements and to make an appointment for a visa interview. It is best to try to apply at the U.S. embassy or consulate having jurisdiction over the place of residence, though they may apply at any U.S. embassies or consulates worldwide that allow applications from third-country nationals.

If the employee was ever a visa overstay in the U.S., they must apply for the visa at a consular office in their country of nationality.

H-1B visa application requirements vary by embassy and consulate, and the employee should check directly with the specific U.S. embassy or consulate on the requirements for the visa application.

In general, H-1B visa applications must include:

• Original H-1B approval notice (picked up by the department from the ISSC and sent directly to the H-1B beneficiary).
• DS-160 nonimmigrant visa application confirmation page. Visa interview appointment confirmation page.
• Proof of payment of visa fees.
• Passport-style photo(s) that meet Department of State nonimmigrant visa photo requirements.
• Valid passport.
• Copy of I-129 H-1B petition that was filed with USCIS on behalf of the beneficiary (sent to the beneficiary in a separate email)*.
• Any other documents required by the specific U.S. embassy or consulate.

*Beneficiaries should review the copy of the I-129 H-1B petition that outlines the terms and expectations for their employment. They should pay special attention to the support letter to understand how their job has been described to the U.S. government. This information may be useful when applying for the H-1B visa and requesting admission to the U.S. at a port of entry.

Foreign nationals are required to have a valid H-1B visa in order to enter the U.S. Immigration regulations allow foreign nationals to enter the U.S. in H-1B nonimmigrant status up to 10 days prior to the validity start date on the H-1B approval notice.

Foreign nationals are not guaranteed admittance to the U.S. The U.S. Customs and Border Protection officers at the port of entry will review all documents and ask about the reason for entry. These officers have the discretion to admit a person in H-1B status and any family members in H-4 status or refer them to a more detailed secondary inspection.

When the H-1B employee is admitted into the U.S., all documents should be returned and an admission date should be placed in the passport with the notation “H-1B” (worker) or “H-4” (dependent) and a date indicating the period of authorized stay in the U.S.

H-1B employees and H-4 family members should keep copies of their passport identification/expiration pages, visas, admission stamps and I-94 records permanently in case any of these documents are lost or stolen. The admission stamp and the I-94 printout are proof of admission and legal immigration status in the U.S.

Canadian citizens
Canadians are “visa exempt” and do not need to apply for an H-1B visa at a U.S. consulate. They can apply for admission to the U.S. at a pre-flight inspection or port of entry. Please check the DOS website for information specific to Canadian citizens entering the U.S.

If you wish to sponsor a university staff position for H-1B, there is a separate process to follow. The International Students and Scholars Center coordinates the H-1B process for university staff positions sponsored by ASU, which are then handled by outside legal counsel.

ASU may file an H-1B petition on behalf of a prospective employee when a job offer from ASU has been accepted via offer letter.

To be eligible for H-1B status, both of these requirements must be met:

• The position must be in a "specialty occupation" that requires the theoretical and practical application of a body of highly specialized knowledge and requires at least a bachelor’s degree or foreign equivalent in a specific field.
• The prospective employee must have one of the following:
  • - The required education degree or its equivalent in the specific field, experience, and other requirements for the position.
  • - A state license to practice the profession.
  • - A combination of specialized training and/or experience that can be substituted for a U.S. degree.

The federal government has placed a cap on the number of H-1B petitions the USCIS is allowed to approve each federal fiscal year. As an institute of higher education and research, ASU is exempt from this cap. This means that H-1B petitions processed by ASU and filed with the USCIS are not subject to this cap as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a)

The H-1B process begins once the ASU sponsoring department submits a complete and accurate H-1B request to the ISSC via Sunapsis, our electronic immigration database. The sponsoring department and foreign national must each upload their portion of the required documents and information via the Sunapsis eform portal. Departments who would like to sponsor employees in this category must 1) complete the Department Contact H-1B Training and 2) submit a complete eform request to ISSC

• Department request memo
• Original offer letter
  • All amendment letters (if applicable)
• Job Posting or Waiver of Recruitment
• I-129 Export Control Certification
  • Obtained from the ASU OKED Forms website

• Copy of relevant diploma and transcripts
• Credential evaluation report if the relevant degree was earned from a foreign university.
  • Click here (Links to an external site) for a list of Credential Evaluation Services
• Copy of the most recent CV (Curriculum Vitae)
• Copy of valid passport 
• Form DS-2019s for J status (if applicable)

If the H-1B beneficiary plans to travel outside the U.S. while an H-1B petition is pending, or close to the date of expiration of current H-1B status, they are advised to contact the ISSC so that we can advise on filing strategies.

Change of status petitions require that the H-1B beneficiary remain physically present in the U.S. at the time of filing and during the entire period that the petition is pending. If the beneficiary departs the U.S. before the petition is adjudicated, the USCIS may consider the petition abandoned and deny the change of status request. The USCIS may also approve the petition for consular processing, meaning that the beneficiary will need to apply for an H-1B visa at a consulate abroad and enter the U.S. to validate H-1B status.

While it is generally permissible to travel outside the U.S. while an H-1B extension, amendment or change of employer petition is pending, the H-1B beneficiary must be physically present in the U.S. when the petition is actually filed and approved. If the beneficiary must travel outside the U.S. close to the time the H-1B authorization will expire or be amended, please contact the ISSC at InternationalScholars@asu.edu for information on filing strategies to avoid temporary interruption in continued employment.

The ISSC recommends that H-1B employees carry the following as proof of valid visa status in the U.S. and employment at ASU when traveling internationally:

• Copy of the I-797/H-1B Approval Notice, along with the original alien record (bottom portion of the H-1B approval notice).
• Valid passport and visa stamp (not required for Canadian citizens).
• Two to three recent pay stubs from ASU to confirm current employment.
• Employment verification letter (provided by the sponsoring department).

If the H-1B beneficiary has a valid H-1B visa stamp on the passport issued with a prior employer’s name, the visa remains valid until the date of its expiration. H-1B employees who change employers in the U.S. may use the previously issued H-1B visa stamp to enter the U.S. if the dates are still valid. Employees must carry all the other travel-related documents to re-enter the U.S. successfully as listed above.

The beneficiary’s passport will be stamped with a new entry date, class of admission and validity date. ASU H-1B employees are reminded to check the validity date on the new entry stamp. It should match the date on the I-797/H-1B Approval Notice. However, if the passport will expire in the near future, the CBP officer may shorten the validity date to match the expiration date of the passport.

H-1B employees are also reminded to check the passport stamp carefully for errors at the port of entry. If there are errors, respectfully notify the officer of the error and request a correction.

Whenever H-1B employees travel outside the U.S., it is important that the ISSC be provided with copies of the employee’s passport stamp, H-1B visa and most recent I-94 record at InternationalScholars@asu.edu as soon as they return to the U.S.

The I-94 controls the status and permissible period of stay. U.S. Customs and Border Protection will only issue electronic I-94 records for air and sea travel, although a paper I-94 may still be issued at land border ports of entry. View additional I-94 information here.

H-1B beneficiaries visiting Canada or Mexico may re-enter the U.S. after a visit of less than 30 days by presenting all of the following:

• A valid passport containing a U.S. entry visa (even if the category of that visa is not an H-1B, and even if the visa has expired).
• A valid electronic I-94 record.
• Form I-797/H-1B Approval Notice.
• An employment verification letter from the sponsoring department.

Note that visa revalidation does not apply if the foreign national travels to other countries and then tries to enter the U.S. through Canada or Mexico. For more information, visit the DOS website. Depending upon the country of citizenship, a Canadian or Mexican visa may be required to enter either of those countries. Nonimmigrants from countries designated by the DOS as state sponsors of terrorism, who have previously overstayed a U.S. visa, or who are applying for a new entry visa are not eligible for automatic visa revalidation.

After arriving at ASU, H-1B beneficiaries should contact the ISSC at InternationalScholars@asu.edu to schedule an appointment in order to review documents, H-1B regulations and responsibilities.

H-1B beneficiaries must have a valid passport at all times. If they do not have a valid passport, the USCIS may consider the H-1B employee subject to removal from the U.S.

H-1B employees should not remain in the U.S. beyond the expiration date of their I-94 record or passport entry stamp unless an H-1B extension petition has been filed with the USCIS in a timely manner. If the I-94 expiration date was shortened on the last entry to the U.S., the employee should contact the ISSC at InternationalScholars@asu.edu for guidance on how to comply with H-1B requirements. It is extremely important to be aware of the period of authorized stay. Employees must leave the U.S. on or before this date to avoid accruing unlawful presence.

Beneficiaries should always retrieve their electronic I-94 record when returning to the U.S. and verify that the information on the I-94 printout is correct. Double check that the name on the I-94 matches your passport, that the appropriate visa classification is noted (H-1B), and that the "admit until" date matches or is extended for a 10-day grace period beyond the end date on the H-1B approval notice.

The grace period is not automatic, but may be granted on the I-94 record upon entry or on the I-94/H-1B approval notice. During this grace period, the employee may remain in the U.S. but may not continue to work. If the I-94 is shortened due to a passport validity date, status will end on the date marked on the I-94 record rather than the H-1B approval notice.

H-1B employees are advised to contact the ISSC at InternationalScholars@asu.edu immediately if there is an error or inconsistency on the I-94 record, or if the end date does not match the H-1B approval notice. The employee may be advised to contact the U.S. Customs and Border Protection Deferred Inspection Office in an attempt to update the I-94 record to a correct date.

H-1B status is limited to a maximum of three years initially and up to a total of six years through extensions.

Generally, a foreign national may not spend more than six years in H-1B status in the U.S. However, H-1B extensions can be filed for periods beyond six years under certain circumstances during the permanent residency process.

An employee who reaches the end of the six-year maximum in H-1B status and is not eligible for further extensions must depart the U.S. by the last date of H-1B authorization, if there is no legal way to remain in the U.S. In order to begin a new six- year H-1B period, the foreign national must remain outside the U.S. for at least 12 months.

It is the sponsoring department’s responsibility to notify the ISSC if it intends to extend H-1B status for its employee beyond the end date of the current H-1B approval notice. The H-1B extension can be filed as early as months prior to the current H-1B expiration date.

As a general principle, days spent outside the U.S. during the validity period of an H-1B petition will not be counted toward the six-year maximum period of stay in the U.S. in H-1B status. When a beneficiary applies for an extension of stay, days spent outside the U.S. can be "recaptured and added back to his or her total maximum period of stay," provided those absences are properly documented.

The original I-797 H-1B approval notice is issued to and property of ASU as the employer who filed the I-129H petition on behalf of the H-1B employee. The original H-1B approval notice is maintained at the ISSC.

The USCIS allows for concurrent employment while holding H-1B status. However, if an H-1B employee at ASU wants to hold concurrent employment with another employer, that concurrent employer must file an I-129H Petition. The H-1B employee at ASU cannot begin concurrent employment until the USCIS approves the concurrent employment.

H-1B status is employer-specific. It allows the employee to work for a specific U.S. employer for a specific period of time and in a specific location. Any outside employment not specifically authorized by USCIS is not compliant with immigration regulations.

Although H-1B employees at ASU are permitted to make occasional speeches and give lectures at other institutions or conferences, they cannot receive compensation for these activities. The foreign national should consult with the sponsoring department prior to participating in activities to discuss whether such activities outside of ASU are authorized to be performed. Under the H-1B visa category, employees at ASU are not allowed to receive honorarium payments of any sort.

However, they can be reimbursed for travel expenses (such as transportation, food and lodging) incurred in connection with travel to other institutions or conferences.

H-1B work authorization is specific to the employer that filed the labor condition application and petition, and covers only the particular position for which the LCA and petition were filed. Sponsoring departments are required to immediately inform the ISSC of any material changes to the original job position prior to the date the change will become effective. The ISSC will determine whether or not an amended petition needs to be filed with the USCIS to indicate the updated job position information.

• Material changes include, but are not limited to:
  • Job title.
  • Job duties.
  • Salary.
  • Worksite location.
  • Number of working hours (from full-time to less than full-time employment).

ASU is required to notify the USCIS when an employee is no longer employed under the terms of an approved H-1B petition. Thus the sponsoring department is required to notify ISSC at InternationalScholars@asu.edu with the employment termination letter or resignation letter) if the H-1B employment at ASU will terminate prior to the expiration date of the current H-1B approval notice.

Under certain circumstances, the H-1B employee is allowed up to 60 consecutive days from the last date of employment or until the end of the authorized employment end date, whichever is shorter, to remain in the U.S. in a lawful status. This 60-day grace period may only be applied for one time per authorized validity period, and can be used to find new employment, change visa status, or leave the U.S. to avoid accruing unlawful presence. Employment is not authorized during this grace period unless the foreign national has other work authorization.

Under U.S. immigration law, if the sponsoring department terminates the employment of an H-1B employee prior to the expiration date shown on the I-797 H-1B Approval Notice, the department is liable for the employee’s reasonable costs of return transportation to the employee’s last place of foreign residence. The cost of transportation for dependents and the H-1B worker’s household goods are the employee’s own responsibility.

It is the responsibility of the H-1B employee to file a change of address with the USCIS within 10 days of moving to a new home address in the U.S. by filing Form AR-11. H-1B employees should retain a copy of the completed form for their files.

If the H-1B employee becomes a U.S. lawful permanent resident, the employee should immediately send the ISSC a PDF copy of the permanent resident card at InternationalScholars@asu.edu in order to comply with immigration requirements and close the H-1B file. Additionally, the foreign national should send a copy of the green card to ASU Human Resources.