H1B Information

General Information

• An H-1B visa allows an employer to temporarily employ a foreign worker in the U.S. on a non-immigrant basis in a specialty occupation.  A specialty occupation requires the theoretical and practical application of a body of specialized knowledge and a bachelor's degree or the equivalent in the specific specialty as a minimum for entry into the occupation in the United States
• To hire a foreign worker on an H-1B visa, the position must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization.  The occupation for which the H-1B classification is sought must also normally require a bachelor's degree as a minimum for entry into the occupation.
• Under current law, an alien may be in H-1B status for a maximum period of six years (may only apply for three years at one time). After that time an alien must remain outside the United States for one year before another H-1B petition can be approved.

Electronic Filing

Unless the employee is filing Form I-539 for dependents, HRM will file H-1B petitions and associated premium processing (if appropriate) electronically to the U.S. Citizenship and Immigration Services (USCIS).

If the employee is filing Form I-539 for dependent(s) with Form I-129 for the H-1B petition, please choose one of the following options:

• Submit H-1B and Form I-539 together via paper form(s).*  (For paper forms, the department should process check request through the direct pay process.)
• Submit H-1B electronically and Form I-539 via paper form.

*Please note:  The USCIS will adjudicate both petitions simultaneously if the I-539 is packaged together with the H-1B petition and submitted at the same time.

For electronic filings, the department/unit must provide procurement card information to HRM, including:

• Name on card
• Card number
• Expiration date
• Security code
• Billing address

Planning for the H-1B

A consultation with HRM is strongly recommended prior to making an offer.  Please contact HRM to schedule at 662-325-3713 or employment@hrm.msstate.edu

There are two options for changing to or extending the H-1B status:

• In-country (U.S.) Processing is best when there is no need to travel and sufficient time for the application to be approved.  Please note that the beneficiary may not travel outside the U.S. until the H-1B petition is approved.  If the applicant leave the U.S. while the application is in process, the H-1B petition will be considered abandoned.
• Consular Processing:  The employee obtains the new H-1B visa from the U.S. Consulate abroad, and then enters the U.S. in the new H-1B status.  Please note that the approval for the new period of the H-1B will not take effect until it has been used for U.S. entry from abroad.

H-1B Processing/Timing

An H-1B should be initiated at least two months before the employment sponsorship is scheduled to begin.  Shorter lead times can increase the potential for delays or requirements to leave the United States for immigration purposes.

Once the department has made an offer to an individual requiring H-1B sponsorship, the department should submit the H-1B Prevailing Wage Request Form and submit to the appropriate Human Resources Business Partner.

Prevailing Wage

A requirement for the H-1B visa is that the employer will pay the H-1B worker a wage which is no less than the wage paid to similarly qualified United States workers or, if greater, the prevailing wage for the position in the geographic area in which the H-1B worker will be working.

To identify the appropriate prevailing wage, an employer can either request a prevailing wage determination (PWD) from the Department of Labor (DOL) or use the Occupational Employment Statistics (OES) wage library.  The advantage of getting the wage directly from DOL (i.e., PWD) is that an employer is given "Safe Harbor" meaning that they cannot be found later to have been underpaying the H-1B worker, whereas if an employer identifies a prevailing wage on its own, there is no "Safe Harbor" provided and the employer could end up owing back wages to the non-immigrant foreign worker if the wage paid was less than the PWD as determined by the DOL.

HRM will consult with the hiring department/unit to identify the best option in identifying the prevailing wage.

Travel Requirements

To enter the United States, the H-1B employee will need:

• a valid H-1B visa stamp in their passport;
• the original I-797 H-1B Approval Notice;
• a copy of I-129 petition, with a copy of the Labor Condition Application (LCA);
• a current Employment Verification Letter, provided by HRM.

Note:  An H-1B visa may only be obtained from a U.S. Consular Office outside of the United States  Please refer to detailed from the Department of State website.

Maintaining Your H-1B Status

H-1B non-immigrant status is based on continuous employment with the H-1B sponsor under the same terms and conditions of the job position.  H-1B status is still valid as long as the individual continues to work within the terms described in their H-1B petition and within the period granted on the approval notice.

• Passport:  Foreign nationals should always make sure that their passports are valid for a minimum of 6 months beyond the H-1B expiration date.
• I-94 Record:  Foreign nationals should make sure to check their I-94 record at www.cbp.gov/i94 each time they reenter the U.S. on H-1B status.  HRM recommends taking a printed copy of the I-94 record when exiting and reentering the U.S.
• Change of U.S. address:  Per U.S. immigration regulations, all foreign nationals must report changes to their living address within 10 days of moving by completing the AR-11, Change of Address Form online.

J-1 Exchange Visitor (Section 212(e)):  The Two Year home Residency Requirement

Hiring Department Checklist

The following are the forms to be submitted to the Department of Human Resources Management to process an H-1B petition.

H-1B

1. Job Description
2. Letter of Offer
3. Prevailing Wage Request Form
4. Letter of Support (to USCIS)
5. Letter of Support (to HR Business Partner)
6. Statement of Notification
7. Statement of Working Conditions
8. Actual Wage Memorandum
9. Form I-129, complete pages 1 – 8, and submit two copies with original signatures on both.
   Click here for instructions for completing Form I-129
10. H Classification Supplement to I-129, page 13 and 14 with two copies with original signatures on both
11. Visa History (2 originals)
12. Resume
13. Clear copy of unexpired passport to include biographical page, expiration date, and original visa stamp
14. Clear copy of I-94
15. Clear copy of transcripts
16. Clear copies of diplomas
17. Clear copies of other previous immigration documents (i.e. I-797 and/or I-20)
18. If the employee had an H1B at another employer and we are processing an H1B at M.S.U., pay stubs will be required for the last six months
19. I-907: Request for Premium Processing Service

H4 Dependents

The original, signed Form I-539, filing fee, and supporting documents should be sent to Human Resources Management.

1. I-539 form (to be completed by primary H-4 applicant)
2. I-539A (to be submitted for each H-4 co-applicant)
3. Copy of I-94 document for each dependent
4. Copy of valid passport for each dependent, to include biographical page, expiration date page, and original visa stamp page
5. Copy of previous immigration documents
6. Copy of Marriage Certificate (if applicable)
7. If applicable, birth certificate(s) for children

Fees

• All fees should be a money order, certified check, or M.S.U. check and made out to U.S. Citizenship and Immigration Service (USCIS).
• Fee to file an H1B petition (Required every time an H1B is filed): $460 form filing fee is the responsibility of the department.
• Fraud and Detection Fee (MUST be paid by the hiring department seeking a beneficiary's initial grant of an H1B or those seeking to change a beneficiary's employer within an H1B classification): $500 filing fee.
• Premium Processing Fee: (only required if the petition is being expedited): $2,805 filing fee (effective February 26, 2024.) This fee is paid by the department unless the fees are necessitated for personal reasons of the employee (i.e., travel not required for the job). Expedited processing as a business necessity such as meeting start dates is a responsibility for the department.
• Fee to file H-4 petition: Effective April 1, 2024, and later.  Complete ONE filing of $470 (paper filing fee) or $420 (online filing fee) per family regardless of the number of H-4 applicants. These dependent related fees are the sole responsibility of the foreign national. Please prepare separate checks for the filing fee made payable to U.S. Department of Homeland Security.

Procurement Card Information

For electronic filings, the department/unit must provide procurement card information to HRM, including:

• Name on card
• Card number
• Expiration date
• Security code
• Billing address

How to Process a Direct Pay

• Should be keyed as a direct pay.
• In View Document Indicators, change the Grouping to "1".
• Use the Notes section of the Direct Pay printout to provide instructions to give Accounts Payable a name and phone number for the person who should be contacted when the check is ready.
• The Document Text should include the petitioning employee's name.
• Complete the Direct Pay Attachment for Processing Payment of Fraud Prevention and Detection Fee for H-1B Petitions and attach it to the Direct Pay printout that is sent to Accounts Payable. Also attach a copy of the support letter to your HRM Generalist (which includes the vice president's signature) to the Direct Pay printout.
• All checks made payable to the U.S. Citizenship and Immigration Service (USCIS) must be picked up by the hiring department or Human Resources Management when the check is ready.