h-1b application instructions - ohsu.edu€¦ · h-1b application instructions ... this...

H-1B APPLICATION PACKET 1

Office of International Services Email: [email protected] Website: www.ohsu.edu/international-services

H-1B APPLICATION INSTRUCTIONS

CONSIDERATIONS: 1. The H-1B is an employment-based status, which may be requested for an initial period of

up to 3 years and renewed for an additional 3 years for a total of 6 years. 2. An application for an H-1B should be made at least 7-8 months before the person is

scheduled to begin work due to lengthy government processing times (including Dept. of Labor, Export Control Licensing determination and USCIS). OIS needs approximately 2 months to prepare the application for filing, and USCIS can take up to 4-5 months to process an H-1B application unless you request premium processing whereby USCIS will make a decision on your application within 15 days for an additional $1,225 filing fee. The $1,225 premium processing fee needs to be in a separate check from the filing fee and made out to the Department of Homeland Security. Please keep in mind that the premium processing only pertains to the USCIS portion of the application.

3. OIS charges a fee of $750 to process all H-1B applications. 4. USCIS charges a $325 filing fee and a $500 anti-fraud fee for all initial H-1B applications

and all H-1B change of employer applications. These fees must be in separate checks made out to the Department of Homeland Security. The $500 anti-fraud fee is not charged for extensions or amended petitions.

LIMITATIONS: 1. OHSU must receive approval of the H-1B petition from USCIS before the H-1B

candidate can begin employment. If the candidate is currently in valid H-1B status he/she may begin employment at OHSU when we receive the official receipt notice from USCIS.

2. If the prospective H-1B candidate is currently in the U.S. in J-1 status, a waiver of the two-

year return may be required before an H-1B petition can be filed.

3. An H-1B requires a bachelor’s or higher degree in the specific discipline or its equivalent as a minimum entry into the occupation in the United States.

4. A nonimmigrant physician that intends to provide patient care or receive clinical training is

required to have passed all three steps of the USMLE, have a valid ECFMG certificate, and have a valid Oregon Medical License before applying for H-1B status.

5. The following nonimmigrant healthcare workers must obtain a healthcare worker certification

before applying for H-1B status: Nurses, Occupational Therapists, Physical Therapists, Speech Language Pathologists and Audiologists, Medical Technologists (Clinical Laboratory Scientists), Physician Assistants and Medical Technicians (Clinical Laboratory Technicians)

This certification can be obtained from the Commission on Graduates of Foreign Nursing

Schools (www.cgfns.com). 6. An export license may be required for certain nonimmigrants before we can file the H-1B

application. 7. Prior to filing an H-1B petition, a Labor Condition Application must be approved based on

position category. The U.S. Department of Labor sets a prevailing wage and the candidate’s salary must be at least 100% of the prevailing wage.

mailto:[email protected]

http://www.ohsu.edu/international-services


8. A H-1B is employer specific, therefore, an H-1B employee cannot change employers without

first obtaining a new H-1B for the new employer. 8. An H-1B candidate cannot travel outside of the United States while his/her change of status

application is pending or the change of status application will be abandoned and it will not be approved.

9. If an H-1B employee wants to change positions, location or number of hours worked at

OHSU he/she must first contact the Office of International Services (OIS) to determine if a new H-1B petition needs to be filed.

10. U.S. Immigration regulations require the employer (OHSU) to pay return

transportation costs to the H-1B employee in order to return to his/her home country if terminated prior to the expiration date of the approved H-1B petition. In addition, if the H-1B is not officially withdrawn, the department could be held liable for the employee’s salary for the duration of the H-1B approval notice per Department of Labor regulations. OIS must be notified in advance if an employee is going to be terminated so we can notify USCIS of the termination and advise the employee.

INSTRUCTIONS: 1. The H-1B Checklist sets out the documents that are required to file an H-1B petition. Check

off each item and include this Checklist with the required documents to: West Campus: Alison Roache Jones, Mailcode: OGI 100; Marquam Hill Campus: Lisa Dahme, Mailcode: L349.

2. Answer all questions on the Position Description Form, Actual Wage Request Form, Deemed Export Control Questionnaire and the H-1B Candidate Information Form. If the question does not apply, please put N/A. Failure to fully complete the above forms will result in a delay in processing. Please forward the completed forms with the H-1B Checklist.

3. Prepare an offer letter based on the attached model offer letter. This letter must be

consistent with the information contained on the Position Description Form. All multiple-year contracts must be signed by the Department Chair.

4. Prepare and sign a journal entry form crediting $750 to account # 83078040-0151-83001-88-

4602-704-0000-000. Please put the H-1B candidate’s name first in the explanation section of the journal entry form for reconciliation purposes.

5. All documents submitted in support of the H-1B petition must be in English. If a document is

in a foreign language, it must be accompanied by a certified translation. The translator may not be the H-1B candidate or a member of the H-1B candidate’s family. A signed certification and translation will be required for each document translated.

6. If USCIS requires a credentials evaluation to be done, there will be an additional fee of $75

to pay for the outside evaluation service. We will notify you if USCIS requires this. 7. If an H-1B candidate is planning on having immediate family members accompany him/her

to the U.S., they must obtain H-4 visas at a U.S. Consulate. If the H-1B candidate’s family is already in the U.S., then Form I-539 must also be completed. This form can be obtained on the USCIS website at http://www.uscis.gov/. If an I-539 is necessary, please see the H-4 Checklist for a list of documents that should accompany the I-539 application. If the I-539 application and supporting documentation is submitted with the H-1B request OIS will file the applications jointly.

8. OIS must be notified in advance if, for any reason, the H-1B employee ends his/her stay at OHSU or changes his/her employment status (i.e., change in FTE, change in job duties, etc.).

http://www.uscis.gov/


CHECKLIST FOR H-1B APPLICATIONS

Completed Position Description Form, Actual Wage Request Form, Deemed Export Control Questionnaire and H-1B Candidate Information Form

Check for the application filing fee made payable to the Department of Homeland Security, Nebraska Service Center, 850 S Street, Lincoln, NE 68501, in the amount of $325 (cannot be from H-1B candidate). You must use vendor # 156576 on the Disbursement Request and include the beneficiary’s name in the “purpose of payment box” when requesting the check from Accounts Payable

For initial H-1B applications and H-1B change of employer petitions a check for the anti-fraud fee made payable to the Department of Homeland Security, Nebraska Service Center, 850 S Street, Lincoln, NE 68501, in the amount of $500 (cannot be from H-1B candidate). You must use vendor #156576 on the Disbursement Request and include the beneficiary’s name in the “purpose of payment box” when requesting the check from Accounts Payable. This check must be in a separate check from the $325 filing fee.

If you would like to request premium processing you must include a check made payable to the Department of Homeland Security, Nebraska Service Center, 850 S Street, Lincoln, NE 68501, in the amount of $1,225. You must use vendor #156576 on the Disbursement Request and include the beneficiary’s name in the “purpose of payment box” when requesting the check from Accounts Payable. This check must be in a separate check from the $325 filing fee and the $500 anti-fraud fee.

Signed journal entry form crediting $750 to account # 83078040-0151-83001-88-4602-704-0000-000. Please put the H-1b candidate’s name first in the explanation section of the journal entry form for reconciliation purposes.

Copy of current Curriculum Vitae/Resume

Copy of degrees (with certified English translations, if applicable). If USCIS requires a credentials evaluation to be done, there will be an additional fee of $75 to pay for the outside evaluation service. We will notify you if USCIS requires this.

Copy of license, if applicable

Copy of exam results, if applicable

Copy of healthcare worker certification, if applicable

Copy of offer letter with acceptance

Copy of current H-1B approval notice if currently in H-1B status


Copy of most recent pay records (earnings statements or pay stubs) for the last 3 months (please continue to forward all pay records as received up to the time H-1B application is submitted to USCIS), if currently in H-1B status.

Copy, both sides, of all Form I-94s if currently in the U.S.

Copy of passport identification and extension pages

Copy of passport visa

Copy of all IAP-66/DS-2019s if previously held J-1 status (also include copy of waiver of two year return if applicable)

Person to contact in Department (include name, phone #, and mail code)

Copy of all I-20s and employment authorization documents issued


H-1B CANDIDATE INFORMATION FORM

Last/Family Name:_____________________________________________________________

First/Given Name:______________________________________________________________

Middle Name:_________________________________________________________________

All Other Names Used (including maiden names, and names from all previous marriages:

____________________________________________________________________________

Date of Birth (month/day/year):___________________________________________________

Country of Birth:_______________________________________________________________

City/Province of Birth:___________________________________________________________

Country of Citizenship:__________________________________________________________

Country of Permanent Residence:_________________________________________________

Social Security Number (if applicable):______________________________________________

A# (if applicable):______________________________________________________________

Current Immigration Status:______________________________________________________

Expiration Date:_______________________________________________________________

Last Date of Entry into U.S.:______________________________________________________

Foreign Address:______________________________________________________________

______________________________________________________________

Which U.S. consulate will you apply for your visa at:___________________________________

Do you have dependents that need H-4 status: □Yes □No

Are you in exclusion or deportation proceedings: □Yes □No


Has OHSU filed a permanent residency petition for you: □Yes □No

Please list prior periods of stay in H status (H-1b or H-4) n the past 7 years?

____________________________________________________________________________

____________________________________________________________________________

Please list your family’s prior periods of stay in H status (H-1b or H-4) in the past 7 years?

____________________________________________________________________________

____________________________________________________________________________

Have you ever been denied H-1B status: □Yes □No

Current U.S. Address:__________________________________________________________

__________________________________________________________

Has OHSU ever previously filed an immigration petition for you? □Yes □No

If yes, please explain:__________________________________________________________

__________________________________________________________

Have you ever held J-1 status in the past? □Yes □No

(If yes, please include all prior DS-2019/IAP-66 forms)


POSITION DESCRIPTION FORM (TO BE COMPLETED BY THE DEPARTMENT)

Job Title: ____________________________________________________________________ Rate of Pay:__________________________________________________________________ Hourly Work Schedule (i.e. 8am-5pm)______________________________________________

Will travel be required in order to perform job duties? □Yes □No


__________________________________________________________

Are there any other working conditions that effect rate of pay? (i.e. nightshift, hazard pay, etc.): ____________________________________________________________________________

____________________________________________________________________________

Will work be performed in multiple worksites □Yes □No

If yes, please list:______________________________________________________________

______________________________________________________________

Job Description:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

College Degree Required:_______________________________________________________ Specific Specialty (Chemistry, Biochemistry, etc.):

____________________________________________________________________________ Special Requirements of the Job:

______________________________________________________________________________

Years of Experience Required:____________________________________________________

Years of Training Required (training may include but is not limited to programs, coursework, or training experience, other than employment): ____________________________________________________________________________ Number of employees she/he will supervise:_________________________________________


Is a license required for this position: □Yes □No

Dates of proposed employment: _______________________ to ________________________

__________________________________________ ____________________________

Department Signature Date


ACTUAL WAGE REQUEST FORM (TO BE COMPLETED BY THE DEPARTMENT)

In order to prepare the Actual Wage Rate Memorandum, which is kept in the file and is a requirement for an H-1B, we need the following information: 1. Number of employees in the H-1B candidate’s position in the department:

__________________________________________________________________________ 2. Salary range for the position:

_________________________________________________________________________________

3. Any special criteria involved in determining the proper wage? □Yes □No


__________________________________________________________

________________________________________ ___________________________

Department Signature Date


Deemed Export Questionnaire (TO BE COMPLETED BY THE SPONCORING DEPARTMENT)

PLEASE INCLUDE A COPY OF THE APPLICANT’S PASSPORT IDENTIFICATION PAGE

Applicant Information (as shown on passport):

Last/Family First Middle

Applicant’s Country/Countries of Citizenship Applicant’s Current Country/Countries of Legal Permanent Residence

Applicant’s Country of Birth Position Title Sponsoring Department Administrative Contact Phone Number E-mail

Description of the Applicant’s duties (attach additional pages if necessary):

Proprietary or Military related equipment and/or Specialized/Scientific software to be accessed by the applicant (attach additional pages if necessary):

Please answer the following questions based on your expectations of the applicant’s duties and access to equipment, software, and/or information at this time: 1. Will any portion of the applicant’s assignment involve research that will have restrictions on publication?

□Yes □No

2. Will the applicant be involved in research projects involving restrictions foreign national participation or does the project involve any U.S. citizen only activity?

□Yes □No


3. Will the applicant be involved in research associated with weapons, select agents (i.e. viruses,) pathogens, toxins, military systems, missiles, satellites, space related technologies, high performance computers, radars, etc. (If yes, please explain)

□Yes □No

4. Is there an expectation at this time that the applicant will have access to sponsor or third party proprietary information, software and/or materials?

□Yes □No

If yes, please provide us with written confirmation from the provider of the information, software, and/or materials whether or not they are controlled under either the ITAR or Export Administration Regulations (EAR).

5. Will the applicant be provided information, beyond how to use and maintain any equipment at OHSU? (Example the complete design/build specifications for an MRI, if yes please explain):

□Yes □No

I certify that if during the applicant’s term of employment there are any changes to the questions above, the sponsoring department will notify the Office of International Services before the effective date of the applicable change.

Hiring Authority Name: Hiring Authority Signature: Date

A deemed export is an oral or visual disclosure to a foreign national of export controlled technical data or goods. Export controlled technical data and goods are determined by several lists enacted by the US government. An export license may be required when:

unpublished sponsor information (including 3rd

party, i.e. govt. agency, private industry, etc.) is export controlled and needs to be shared with a foreign national

it is necessary to visually or orally disclose a controlled equipment’s “development, production, or use” technology (including academic laboratory equipment) to a foreign national

the foreign national has any exposure to equipment that was specifically designed or developed for military or space applications

the foreign national will work on projects and there is no intention of publishing the results of the work or there is a sponsor approval process to publish

the foreign national will work on encryption software

For further information contact: Mark Peters

Export Compliance Officer Provost Office of Export Controls

[email protected] (503) 494-0137

mailto:[email protected]


CERTIFICATION BY TRANSLATOR (TO BE COMPLETED IF NEEDED)

I,____________________________________, certify that I am fluent in the English and

__________________________________ languages, and that the attached document is a

complete and accurate translation of the document entitled:

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________.

_____________________ Date

_____________________________________________________________________ Signature _____________________________________________________________________ Street Address _____________________________________________________________________ City, State, Country, Postal Code


[MODEL OFFER LETTER] (PLEASE TYPE ON LETTERHEAD)

[DATE] [CANDIDATE NAME, TITLE] [CURRENT ADDRESS] Dear [CANDIDATE]: I am pleased to offer you a [FULL / PART] time position as a(n) [POSITION] in the Department of [DEPARTMENT] at Oregon Health & Science University. The offer of this position is subject to issuance of an appropriate visa by the US government. Your responsibilities for this position would be [LIST JOB RESPONSIBILITIES].

Your salary for this position would be [SALARY] per year plus standard fringe benefits at [BENEFITS] FTE. Your appointment would be from [START DATE] through [END DATE]. Duration of this appointment and indicated salary may be changed or eliminated if a grant, gift or contract fund supporting this position becomes unavailable. If this offer is acceptable to you and it is your intention to accept this offer, please sign below where indicated and return the original of this letter to me. Sincerely, ___________________________________ _________________ [SPONSOR] [DATE] ___________________________________ _________________ [DEPARTMENT] [DATE] ___________________________________ _________________ [DEPARTMENT CHAIR] [DATE] *Must have Department Chair’s signature if multiple year offer

ACCEPT THE OFFER AS DESCRIBED ABOVE: ________________________________________________ _______________________ (Signature) (Date)


CHECKLIST FOR H-4 APPLICATIONS

Original completed Form I-539 available on the USCIS website at http://uscis.gov/graphics/formsfee/forms/i-539.htm

Check made payable to Department of Homeland Security, in the amount of $290

Copy of H approval from USCIS if applicable

Copy of DS-2019, I-20, Employment Authorization Card if applicable

Copy, both sides, of all Form I-94s if currently in the U.S.

Copy of passport identification and extension pages

Copy of passport visa

Copy of marriage certificate for spouse and birth certificate for children with English translations

http://uscis.gov/graphics/formsfee/forms/i-539.htm

h-1b application instructions - ohsu.edu€¦ · h-1b application instructions ... this...

Documents