H-1B status is appropriate for employees who receive a salary from UNT that meets the requirements set forth by the Department of Labor. The H-1B employee must be paid the higher of the two listed below:
- The "prevailing wage" as determined by the Department of Labor.
- The actual wage that UNT pays other employees with the same title performing the same job.
Please note that ISSS should be contacted as early as possible in employment negotiations to ensure compliance with these requirements.
Dependents of H-1B holders (children under 21 and spouses) are eligible for H-4 status. This status can be obtained at the U.S. Consulate or Embassy if the dependents reside outside the U.S. If the dependents reside in the U.S., ISSS can assist in filing an application for H-4 status with USCIS. Dependent family members MUST obtain H-4 status if inside the United States UNLESS in another nonimmigrant category (i.e., F-1 student status, H-1B status, J-1 status, etc.).
Dependent family members in H-4 status are NOT authorized to work while in the United States. Dependents in H-4 status may attend school or take courses at local universities or colleges.
Immigration regulations are very complex. Therefore, to assist you, we have compiled these reminders.
- Once an employee receives H-1B approval, UNT and the employee must maintain compliance with H-1B federal regulations during the course of the employee's employment at UNT. Such regulations require careful monitoring of salary, funding, job title, job classification, job location and job duties. Changes in ANY of these areas must be reported immediately to ISSS.
- Should an H-1B employee be terminated before the expiration date of his/her H-1B, UNT is required by law to pay the airfare for a one-way ticket (employee only – not dependents) to the employee’s home country or last country of residence. This does not apply if the employee leaves voluntarily to accept other employment.
- Both USCIS and Department of Labor perform unannounced site visits. If you are visited by an officer, he/she should provide a badge and business card to verify identity. Please be courteous and polite and answer all questions related to job duties, job location, salary, title, etc. The officer may ask to meet with the foreign national – which is fine. Please contact ISSS with the officer’s name and details of the visit so that we can notate our records.
- The department is required to notify BOTH the employee in H-1B status and ISSS if it is determined that the employee's job will be terminating in the near future. There is no lawful grace period for those in H-1B status after termination of employment. Termination carries SERIOUS implications for foreign nationals' lawful immigration status. Advance notice will allow employees in H-1B status to explore other job opportunities at UNT or within the U.S. ISSS provides assistance to employees exiting the University and prefers to meet with such individuals well in advance of termination.