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H-1B Visa and Green Card

H-1B Visa

 

Sponsorship

The H-1B is a nonimmigrant classification used for the sponsorship of international faculty or staff who will be employed at UC Riverside. The H-1B visa is employer specific and position specific. Thus, employees must obtain a new H-1B visa approval for each new position and new employer.

For more information, please visit the USCIS website.

 

Eligibility

The H-1B visa allows foreign nationals to temporarily work in the U.S. in specialty occupations for up to six years. Most teaching or research faculty positions are eligible for H-1B sponsorship. Please contact the International Scholar team (internationalscholars@ucr.edu) to determine if a position meets H-1B eligibility requirements.

The H-1B visa category has the following key requirements:

  • Applicant must have theoretical and practical application of a highly specialized body of knowledge
  • The position must require a minimum of a Bachelor's degree in a related field
  • Offered wage must meet or exceed the prevailing wage for the position
  • UCR prepares and files the H-1B petition; prospective employees cannot obtain H-1B visa status on their own

 

H-1B Application
Deemed Export Certification (I-129)

Generally, any item (commodities, software or technology, technical information, blueprints, design plans, circuit boards, etc.) subject to the Export Administration Regulations (EAR) that is shipped or transmitted from the United States to a foreign destination is an export.  In addition, technology, know-how, and non-encryption source code that is released to a foreign national within the US is “deemed” to be an export to the country where the person is a resident or citizen and could be subject to licensing requirements.  This is what is commonly known as the “deemed export” rule.

Effective 2011, the US Citizenship and Immigration Services office updated Form I-129 used by employers to petition for H-1B visas by requiring that employers provide a deemed export license determination for the visa beneficiary.  For more information about deemed exports review the FAQs on the Bureau of Industry and Security website.

Before an individual can be sponsored for H-1B status, the principal investigator who will supervise the visa beneficiary, or an individual who is otherwise knowledgeable about the beneficiary's intended work, should complete and return an I-129 Deemed Export questionnaire.  The form can be accessed below.

Once the I-129 Deemed Export Questionnaire review is completed, it will automatically be sent to the UC Riverside Export Controls office by clicking the Submit button.  The Export Controls office will review the information provided and determine whether a deemed license is required to employ the beneficiary at UCR.  Once a determination is made, the Export Control office will issue a certifying letter to the sponsoring units.  Sponsoring units should include a copy of this letter along with the other H-1B request documents when contacting ISS through ISSonline to initiate document processing.

Complete the form

 
  • Initial Application

    Your application should include the following components:

    From Petitioning Department:

    • Department H-1B Request Form
    • Department Memorandum
    • Copy of UCR Employment Contract
    • Copy of Position Description
    • Three separate checks:
      • $500 check to Department of Homeland Security (Anti-fraud fee)
      • $460 check to Department of Homeland Security (Application fee)
      • [OPTIONAL] Premium processing fee of $2500, payable to Department of Homeland Security (If the petition must be processed quickly - two week guaranteed processing time - by USCIS.)

     

    From Individual Applicant:

    H-1B Visa Prospective Employee Form

    • Copy of entry stamp OR I-94 entry record
    • Copy of current visa sticker in passport
    • Copy of identity page of passport
    • Copy of diploma for highest degree earned
    • Copy of transcript for highest diploma
    • Copy of translation of diploma and transcript for highest degree earned
    • Copy of résumé/CV
    • If currently in H-1B visa status:
      • Six (6) recent copies of pay stubs
      • Copies of all prior approval notice(s) (I-797) for all prior visas to work in the U.S.
    • If previously/currently in J-1 or J-2 visa status:
      • Copies of all previous DS-2019s or J-1/J-2 visa stickers
      • A copy of J-1 waiver approval if subject to 2-year home residency requirement (if applicable)
    • If previously/currently in J-1 or J-2 visa status:
      • Copies of all previous I-20s
      • A copy of EAD card (if applicable)

     

     

  • Application Processing Timeline
      With Premium Processing Regular Processing
    ISS receives completed, signed department application and all required documents    
    ISS prepares the H-1B petition to be
    submitted to USCIS    		 3 Weeks 3 Weeks
    USCIS receives the petition and
    processes it    		 15 Days 6+ Months

    USCIS mails original approval notice to ISS

    		 1 - 2 Weeks 1 - 2 Weeks
    Total Time 6 - 8 Weeks 6+ Months

     

  • Extension

    H-1B employment authorization is automatically extended for 240 days if the extension petition is filed prior to the current H-1B expiration date. If the employee is planning to travel outside the US and obtain a new H- 1B visa, however, he or she must have the original approval notice in hand. Please e-mail Makbule Koksal with questions regarding H-1B extensions or employee travel.

  • Dependents (H-4 Visa)

    The following items are required if you will be accompanied by a spouse and/or children under the age of 21 for each family member.

    • Completed form I-539, Application to Extend/Change Nonimmigrant Status, for each of your dependents;
    • Copy of Marriage Certificate-Included certified English translations if not originally in English;
    • Birth Certificate(s)-Included certified English translations if not originally in English (only for a child dependent);
    • Copy of Passport(s) showing passport number, issue and expiration dates;
    • Copy of I-94 card(s) Front and back;
    • Copy of any previous approval notices:
      • If H4 – I-797 form
      • If F-2 – I-20 form
      • If J-2 – DS 2019 form
    • Check for $370 filing fee and $85 biometrics fee for you and each co-applicant.

Green Card

UCR will sponsor permanent resident status only for an individual of exceptional ability who has been offered a full-time, permanent position as a faculty member, researcher, or other professional who is critical to UCR's academic and research mission. 

UCR policy requires that an outside attorney be retained to assist with permanent resident cases. ISS will provide counseling in determining strategy for a case and selecting an attorney; review documents prepared by the attorney; ensure compliance with UCR policy, procedure, and format; obtain university signatures; and provide status reports.


For information about UCR sponsorship for permanent resident status, please contact Makbule Koksal by phone (951-827-4113) or email to initiate the process.

More information about the green card

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