Departmental Request

The H-1B process must be initiated by the hiring department through the OIE's online iStart system. Requests should be made as soon as it is clear that there is a need for H-1B employment, preferably at least six months before the proposed start date. Details for using iStart are found on our Welcome Page. 

Wage Determination

UVM is required to pay H-1B employees the higher of the prevailing wage or the actual wage. The prevailing wage is either the minimum base wage in a Collective Bargaining Agreement, or a wage set by the Department of Labor for the geographic area in which the employment will take place. The actual wage is the wage paid by UVM to other employees in the same position with similar qualifications. The OIE will analyze the wage offered in light of these requirements and inform the department if any changes are necessary before proceeding with the H-1B.

Labor Condition Application

The OIE will file a Labor Condition Application (LCA) with the Department of Labor, attesting to UVM's compliance with the requirements for H-1B employment. The H-1B employment is limited to the position described in the LCA. This is why it is crucial that departments provide accurate position details to the OIE contact us immediately if there are any changes in the employment post-approval.

Petition Submission

The OIE will submit an H-1B petition, filing fees, and supporting documents to the US Citizenship and Immigration Services. Approval of this petition will either change someone's status to H-1B if they are already in the US, change their employer if they are already in H-1B status, or provide eligibility to apply for an H-1B visa at a consulate abroad and be admitted to the US in H-1B status.

Visa Application (If Applicable)

Incoming employees who are not already living, working, or studying in the US are required to apply for an H-1B visa at a US consulate in their home country in order to travel to the US and begin working as an H-1B employee. 

Departments should make an H-1B request to the OIE 6 months prior to intended start date or date of status expiration when possible. Once the iStart submission is completed, generally it takes 8-10 weeks for the Office of International Education to prepare the H-1B petition. Upon filing, US Citizenship and Immigration Services then must adjudicate the petition, and if approved, the employee may not commence work until the hard copy approval notice arrives on campus or the employment start date, whichever is later. USCIS regular processing timelines are variable and most typically take between 2-6 months for initial adjudication. An expedited Premium Processing option is available for an additional filing fee. The Office of International Education may be unable to process cases with fewer than 2 months lead time from a submitted iStart request and in those cases, departments may need to alter a start date of employment  This is based on a range of different factors for a given client's case, and for clients already in the US may result in the need to travel. It is imperative to begin conversations with our office as soon as the likely foreign national hire is known. 

Government filing fees for new H-1B petitions are $960 and legally must be paid by the employer. Case shipping fees may range from $25 to $100.  Expedited processing through USCIS costs an additional $2,805, and is required in many cases. For some cases, a professional credential evaluation is necessary, which typically costs $85. Costs are borne by the hiring department.

All H-1B visa holders must formally check in with the Office of International Education on or before the first day of work upon arrival in the US. There are two parts to the check-in: An electronic set of forms the employee must complete prior to meeting with OIE staff; and an in-person appointment.

During check-in process, the employee will:

• Complete the I-9
• Complete forms for UVM Tax Administration.  This ensures that the foreign national is taxed properly.
• Review the information related to maintaining H-1B status
• Learn about the Social Security Administration when relevant for SSN application

As an H-1B employer, the University of Vermont (UVM) may be subject to unannounced in-person visits by an officer in the Fraud Detection and National Security Directorate (FDNS) of the U.S. Citizenship and Immigration Services (USCIS). In addition to in-person visits, FDNS may also contact UVM by phone or email. The purpose of these visits is to collect information in order to verify that both UVM and the employee are following the terms and conditions of the H-1B petition.

The FDNS officer may visit the Office of International Education (OIE) for this information but it is more likely that they will appear without advance notice at the employee’s work location or the hiring department’s office. Although these visits can be surprising, they are routine and should not be a cause for alarm. In fact, FDNS randomly selects petitions after case approvals.

 At the site visit, the officer may:

• Verify the information, including supporting documents, submitted with the petition;
• Verify that the petitioning organization exists;
• Review public records and information on the petitioning organization;
• Take photographs;
• Review documents;
• Interview department personnel to confirm the beneficiary’s work location, physical workspace, hours, salary and duties;
• Speak with the H-1B employee.

Please cooperate with FDNS officers regarding the above types of requests for information. Failure to cooperate fully could result in revocation of the H-1B petition or compromise UVM’s likelihood of success in future filings.

Below are recommendations if you are subject to a site visit by a FDNS officer:

• Ask to see their badge or other identification. Write down the officer’s name and ID number, and/or take a photograph of the badge.
• Request a copy of their business card.
• Inform the officer that, per UVM protocol, you need to contact the Office of International Education immediately.
• Contact UVM Office of International Education (OIE) and ask to speak with the International Scholar and Employee Advising Team. We will assist you in responding, and will also notify UVM Compliance Services and/or UVM General Counsel as outlined in UVM’s Government Reviews policy.
• If you don’t know the answer to a question or need additional time and help to provide requested documents, let the officer know.
• Copy InternationalScholars@uvm.edu on any emails.

As a reminder, changes to the terms and conditions of H-1B employment may require the filing of an H-1B amended petition. Please contact InternationalScholars@uvm.edu if you have any questions.