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H-1B
H-1B TEMPORARY WORKER STATUS
The H-1B category is designed for temporary workers with at least Bachelor's degrees and are employed in specialty occupations. The position must require the use of the degree and be a professional or a specialized position. The employer, not the employee, file H-1B petitions. To be eligible for H-1B status at the University, the individual must receive a job offer from the University and provide evidence of holding a Bachelor’s or higher degree before the H-1B petition is filed with U.S. Citizenship & Immigration Services ("USCIS"). Moreover, these petitions are “employer-specific”; therefore, a new petition must be submitted to USCIS if the individual changes employment. The University at Buffalo, the University at Buffalo Research Foundation, and the University at Buffalo Foundation are separate employers.
Additionally, if an individual will work for more than one employer, separate concurrent H-1B petitions for each employer must be filed with USCIS. If the sponsoring department will assign the beneficiary to a position in a new location, the sponsoring department is responsible for obtaining the approval of UB Immigration Services, which must obtain and post a Labor Condition Application for that site before reassignment. An individual can remain in H-1B status for a maximum of six (6) years. The initial H-1B can be for up to three years; (an) extension/s must be requested thereafter. Absent holding a valid Employment Authorization Document, H-1B dependents (spouses and children in H-4 status) are not permitted to work. There is a limit (“cap” or quota) on the number of H-1B visas available in a given year. Although universities and affiliated research foundations are no longer subject to the “cap”, for-profit employers continue to be subject to the H-1B cap.
An individual holding H-1B status is not legally authorized by the U.S. Department of Labor ("DOL") to "volunteer" their services in a position that is typically compensated in the U.S. The fact that the individual is not being paid does not matter to DOL when determining if the position is covered under the Fair Labor Standards Act. "Volunteering" in a position covered under a collective bargaining (union) agreement, such as but not limited to a teaching position at the University, is not permitted and constitutes a violation of H-1B status. UBIS should be contacted if there is a question as to whether a particular proposed activity at the University will constitute "work" or will qualify as a true "volunteer" activity, which DOL associates with purely charitable motives.
The processing of an H-1B Request Packet by UB Immigration Services (UBIS) involves the following steps:
(1) Opening and review of the H-1B Request Packet for documentary and legal sufficiency as well as travel- and family-related issues; (2) Prevailing/Actual Wage Procedures (Union Agreement, Occupational Employment Statistics, Department of Labor (DOL) Prevailing Wage Request (may take DOL 3 to 6 weeks to issue), or Survey);
(3) Revision of department support letters, requests for further evidence from department or employee and associated communications;
(4) initiation of Public Access File;
(5) preparation of Labor Condition Application(s)(LCA);
(6) filing of LCA(s) following compliance with LCA posting and DOL-mandated notice procedures;
(7) preparation of forms, including forms for dependents, and assembly of the petition while DOL processes LCA (DOL will issue certified LCA no earlier than 7 calendar days from the date of filing);
(8) finalization of Public Access File;
(9) assembly and review of petition;
(10) signing of forms by designated officials and dependents, if applicable;
(11) final review and submission of petition to USCIS;
(12) scanning and dissemination of USCIS-issued Receipt Notice(s)(USCIS Receipt Notices usually arrive at UB approximately 10 - 14 days after the petition/application are submitted to USCIS;
(13) scanning and dissemination of electronic and hardcopy USCIS Approval Notices (USCIS processing times vary widely);
(14) furnishing of assistance with consular procedures and travel to ensure procurement and maintenance of immigration status by the employee and family, if applicable.
Depending upon the time of the year and government resource allocation, the U.S. Department of Labor, USCIS, and the U.S. Department of State complete approximately 80% of all submissions within 4 months of submitting the initial H-1B petition to issuing the H-1B visa. Accordingly, hiring units should submit H-1B Request Packets at least 6 months before the proposed start date to ensure timely processing of their request. The receipt notice from USCIS will indicate a processing time of 30-120 days. As these forms are standardized, they do not accurately report current processing times. Individuals from certain countries may experience longer visa processing times because of 9/11/2001-related background checks.
There is a method for expediting H-1B petitions with USCIS called “Premium Processing.” For an additional fee, the USCIS will review the H-1B petition within 15 calendar days of receiving a premium processing request. A departmental request for premium processing will shorten the time USCIS will take to process the H-1B petition but DOES NOT affect processing times at UBIS. H-1B Request Packets are, absent extraordinary circumstances, processed in the order in which they are received.
The following filing fees must accompany initial/transferring H-1B petitions. All filing fee checks must be drawn on a bank or other institution located in the U.S. and made out to the “U.S. Department of Homeland Security.” - $460 USCIS filing fee AND - $500 Fraud Prevention and Detection fee* AND $ 2,805 for premium processing, if desired - $470 for dependents who are already in the U.S. ($470 regardless of the number of dependents) and $85 for the biometrics fee for each dependent.
*Note: The employer must pay the $460 Filing and $500 Fraud Prevention and Detection fee; thus, they must be drawn on an employer check. The U.S. Department of Homeland Security will not accept personal checks for these fees.
Filing fees for H-1B EXTENTIONS petitions do not require payment of the $500 Fraud Prevention and Detection fee.
For employees at the University at Buffalo, Research Foundation, or UB Foundation, the following charges apply for H-1B status requests. Departments will be invoiced $1,910 for the initial or extension H-1B petition. Dependent fees vary due to university transaction fees: departments pay $260 for the first dependent and $120 for each additional one via Interdepartmental Invoices, while H-1B employees pay $295 for the first dependent and $140 for each additional one as these may only be paid for by credit card. If USCIS requests further evidence, departments will be charged $135 per hour.
These fees cover the costs of processing H-1B petitions, including reviewing for legal and evidentiary sufficiency, preparation, submission, monitoring, and assistance with the U.S. Department of Labor, U.S. Immigration and Citizenship Services, and the U.S. Department of State.
APPOINTMENTS
To meet with UB Immigration Services you must schedule an appointment
To schedule an appointment call: 716-645-2355
Pursuant to SUNY Board of Trustees Policy 8500, the Office of International Education ("OIE") has named UB Immigration Services as the only unit within OIE authorized to handle immigration matters for international scholars and employees.
Notice of Non-Discrimination
The University at Buffalo is committed to ensuring equal access to its programs and activities. The entire notice of non-discrimination can be viewed here: https://www.buffalo.edu/equity.html.
Disclaimer
The information contained on this web page is provided as a service to the international faculty, researchers, staff, employees and administrators of the University at Buffalo, and does not constitute legal advice on any immigration, tax, or other matter. We try to provide useful information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site or any associated site. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel. Neither the University at Buffalo nor the Office of UB Immigration Services is responsible for any errors or omissions contained on this web page, or for the results obtained from the use of this information.
Contact
Email: immsvcga@buffalo.edu
Updated March 14, 2025