H-1B Employees

The H-1B visa category is designated for individuals coming temporarily to the U.S. to perform services in a specialty occupation. A specialty occupation is defined as an occupation which requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor’s or higher degree for the specific specialization (or its equivalent in experience).

If you are a department looking to host a H-1B employee:

H-1B sponsorship

WashU will only sponsor those who have a position as an employee. This means the university will not sponsor an H-1B for the postdoctoral research scholar or postdoctoral fellow title. Only individuals appointed as postdoctoral research associates (employee title) qualify for H-1B status.

The hiring department initiates applications for H-1B status at WashU, which are handled internally. The department’s business manager will provide approval. The university does not allow employees to hire their own attorney to file an H-1B petition.

New H-1B employees

The WashU sponsoring department pays the fees for H-1B petitions by check, as outlined below. No department can require the prospective H-1B to reimburse fees paid by the university for H-1B applications.

Applicable fees

There are three fees which are applicable to H-1B petitions filed by WashU:

• The filing fee of $460, payable to the U.S. Department of Homeland Security (DHS)
• The fraud prevention fee of $500, payable to DHS
• The premium processing fee of $2,805, payable to DHS

Filing fee

The WashU department employing the H-1B must always pay the filing fee, regardless of the type of application.

Fraud prevention fee

The WashU department employing the H-1B must pay the fraud prevention fee for applications for a change of status to H-1B or initial H-1B employment at WashU. The fee is not applicable to extensions or amended petitions for those continuing employment at the university.

Premium processing fee

The premium processing fee is optional for H-1B petitions. This fee is included when faster processing is desired or needed. Premium processing is sometimes requested for the benefit of the prospective H-1B or family members, rather than for the needs of the WashU department. Nonetheless, the university department must pay this fee unless OISS makes an exception due to the employee’s personal needs.

If you have further questions about payment of H-1B fees, contact your department’s international scholar advisor. Contact OISS if you are unsure of your assigned adviser.

H-1B pre-arrival information

Travel arrangements

If you are outside of the U.S., OISS will email to you a copy of your I-797 Approval Notice to you. You will then need to obtain an H-1B visa in your passport. Read the information on applying for an H-1B Visa Overseas and the explanation of H-1B documents carefully. After you have received your H-1B visa, make your travel arrangements to the U.S.

Check your start date on your I-797 Approval Notice before making travel arrangements. You may not arrive in the U.S. more than 10 days before your start date on the I-797.

We recommend you schedule your arrival for a few days before the start date on your I-797 Approval Notice, so you can search for housing and settle in. Remember that immigration regulations do not allow you to begin working before your I-797 start date.

H-1B arrival at WashU

Department check-in

Within three (3) days of arrival, check in with your sponsoring department. Begin completing paperwork with your department for WashU payroll processing.

Steps for Newly Hired Foreign Nationals

This guide includes links and essential information related to onboarding (HR orientation required of all new WashU employees), completing the FNIS, completing Form I-9 (Employment Eligibility Confirmation), and more. These are required steps to ensure you are taxed and paid properly.

OISS check-in

Complete the immigration check-in by emailing the following to the Associate Director for Scholars:

• Most recent I-94 Record
• JPEG or PDF of the biographical page of your passport
• JPEG or PDF of the visa page of your passport

Social Security number

You must wait least ten (10) business days after arriving in the U.S. before applying for a Social Security number at any Social Security Administration Office.

Foreign national payroll

Be prepared to complete information in the Foreign National Information System (FNIS). Learn more about FNIS.

Transferring (porting) to WashU

Because H-1B status is employer-specific, WashU will need to file a new H-1B in order for you to work at the university. Your hiring department will notify you of the documents you need to provide for WashU’s H-1B application. You should inform your scholar adviser at OISS of any plans you may have to travel internationally during the processing of the H-1B application.

In order to use the portability provision, you must keep working for your current employer until WashU has submitted the H-1B application to USCIS. The portability provision allows you to begin working at WashU on the requested H-1B start date if, by that time, WashU has received a receipt notice from USCIS. It typically takes one to two weeks after submission of the H-1B application to receive a receipt notice from USCIS.

Changing status to H-1B

If you are in the U.S. and would like to change your immigration status to H-1B to begin or continue employment at WashU, your hiring department should contact their international scholar adviser at OISS to talk about your eligibility and the procedure to change status.

Certain visa/status types are not eligible to change status to H-1B. They include:

• Visitors who entered under the visa waiver program (WB or WT)
• J Exchange Visitors subject to the Two-Year Home Residence Requirement of section 212(e)
• Foreign nationals currently in the U.S. in violation of their immigration status
• And others, if a change of status is prohibited

Your hiring department will notify you of the documents you need to provide for WashU’s H-1B application. You should inform your scholar adviser of any plans you may have to travel abroad during the processing of the H-1B application. You cannot travel abroad while an application for change of status is pending with USCIS. USCIS considers you to have abandoned your application if you travel outside of the U.S. while an application to change status is pending.

You will not be able to begin (or continue) employment at WashU in H-1B status until OISS has received the I-797 Approval Notice for the H-1B petition. If USCIS approves your change of status, you do not need to leave the U.S. to begin your H-1B employment. You will need to apply for an H-1B entry visa at a consulate outside the U.S. only if you plan to travel and re-enter the U.S. in H-1B status.