Department's Guide to Visa Sponsorship

Jefferson sponsors H-1B employment for full-time, specialty positions requiring a bachelor’s degree or higher. If a candidate’s qualifications do not match the specific requirements listed in the job description (degrees, license/certifications, experience), the candidate will not be eligible for sponsorship.

Considerations to keep in mind when sponsoring an H-1B employee:

• Normal preparation/processing time for a new H-1B petition is 4-6 months.
• H-1B status is granted for up to three years at a time, and for a maximum of six years in all.*
• Costs include legal and government fees.
• Compensation for H-1B employees is subject to prevailing wage requirements set by the U.S. Department of Labor.
• Compliance with H-1B regulations must be maintained during the sponsorship period and when ending H-1B sponsorship.

*When certain criteria are met, it can be possible to extend H-1B status beyond the six-year limit. This can happen in specific cases where an employee had applied for permanent residence, or when an employee has spent significant time outside the U.S. during their H-1B employment, and that time is eligible to be recaptured.

A candidate or employee’s current immigration status will determine the process for H-1B sponsorship at Jefferson:

• Initial sponsorship: This process is for individuals who do not have a current immigration status in the U.S. Employees who fit this description cannot start work until the H-1B petition has been approved. Employees coming from abroad will also have to obtain an H-1B visa stamp to travel to the U.S.
• Sponsorship through portability provision: This process is for incoming employees who currently hold H-1B status with another employer.  Jefferson must file a new H-1B petition for the prospective employee (H-1B approval does not transfer over from the prior job), but if the employee meets specific criteria, they can start work once U.S. Citizenship and Immigration Services (USCIS) confirms receipt of Jefferson’s H-1B petition, prior to issuing a decision.
• Change-of-status sponsorship: This process is for individuals transferring to H-1B from another valid immigration status. Employees transferring from another status to H-1B cannot work past the expiration date of their current status without an H-1B approval notice.

Jefferson works with outside immigration counsel to prepare and submit H-1B petitions. The typical preparation and processing time for a new petition is 180 days.  This includes the time needed to:

• gather information from the hiring department and the foreign national
• prepare the documents that make up the petition
• go through the U.S. Department of Labor certification (Labor Condition Application)
• go through the USCIS petition (I-129 application)

It may be possible to expedite a case, but this option is not guaranteed and requires departments to pay additional government and legal fees. If sufficient time is not allotted, the employment start date may need to be delayed.

For petitions to extend or amend a current employee’s H-1B status, the normal preparation and processing time is 120 days. 

Please note that Jefferson cannot submit petitions to USCIS more than six months prior to the employee’s start date.

The costs for an H-1B petition must be paid by the employer, not the foreign national.*  These costs include legal fees for the preparation of the petition and government fees to process the petition.

At Jefferson, OIS and the hiring department share the costs of preparing and submitting an H-1B petition.

• OIS pays the standard legal fees for normal petitions
• Hiring departments pay the U.S. government processing fees:
  • $460 USCIS filing fee
  • $500 USCIS anti-fraud fee
  • $2,805 USCIS premium processing fee (if needed; premium processing guarantees a response from USCIS within 15 business days of receiving the petition)
• Hiring departments pay legal fees in special circumstances (for example, when requesting expedited preparation); these fees vary based on the request

Once the H-1B petition has been approved, individuals who require consular processing will complete and submit their DS-160 Electronic Visa Application, pay a $205 nonimmigrant visa fee, and schedule their visa interview at a U.S. Consulate.

*Exception: In cases where the foreign national requests premium processing for personal reasons (for example, to accommodate personal travel), the foreign national may pay this fee. When premium processing is required for employment-related reasons, the employer must pay the fee.

The sponsorship process for new hires and existing employees is similar. The steps outlined below are specific to new hires; please contact employee-visa@jefferson.edu with any questions about the sponsorship process.

1. Determine Eligibility: The hiring manager or talent acquisition partner provides OIS with the job description, offered salary, candidate’s CV, and candidate’s immigration history to determine eligibility for sponsorship.
2. Submit Sponsorship Request: Once the candidate accepts the job offer, the hiring department submits an electronic H-1B sponsorship request through the International Services Portal.
3. Collect and Verify Information: The hiring department and foreign national submit documentation requested by OIS and outside immigration counsel. OIS and immigration counsel screen the information for compliance with export control and immigration regulations, and with Department of Labor regulations for H-1B employee compensation.
4. Prepare and File Labor Condition Application (LCA): Outside immigration counsel prepares notices of filing which hiring departments post publicly at the worksite for 10 consecutive business days to advertise their intent to hire an H-1B worker. After the posting requirement is fulfilled, counsel completes the Labor Condition Application describing the terms and conditions of employment and submits it to the Department of Labor for approval. 
5. Prepare and File I-129 Petition: Once the LCA is approved, outside immigration counsel files the I-129 Petition for Nonimmigrant Worker with U.S. Citizenship and Immigration Services (USCIS).
6. Review and Approve Petition: USCIS reserves the right to request additional information about the petition during the review process. When a petition is approved, USCIS issues an I-797 approval notice.
7. Complete Consular Processing and Start Work: Once they receive the I-797 approval notice, employees coming from outside the United States apply for an H-1B visa stamp at a U.S. Consulate. The visa stamp allows the employee to enter the U.S. so they can start work. Employees who are already in the U.S. when they receive their I-797 approval notice do not have to complete consular processing in order to start work.