H1-B Process Steps and Key Reminders

Process Steps

  1. The H-1B Documentation Request must be submitted to ISSS before processing can begin via iNorthTX. Once the documentation request is complete, the employee will receive an automated email from iNorthTX asking them to complete their beneficiary information e-form and upload all required supporting documents. 
  1. After determining whether the wage offered by the department meets or exceeds the prevailing wage set by the Department of Labor, ISSS will complete and submit Form ETA 9035, Labor Condition Application for certification.
  1. A notice of filing the LCA will be posted online at the UNT System Notice of Filing webpage on or before the date the LCA is filed with the U.S. Department of Labor. ISSS will prepare the notice for posting for at least 10 business days. 
  1. Regulations require that specific documentation filed in support of an H-1B petition must be available for public inspection within 1 working day of the filing of an application. These files will be maintained in ISSS, Marquis Hall 114.
  1. With the required documents from the department and applicant, we will complete the necessary Form I-129 and send the petition to USCIS for processing.
  1. Once the I-797 Approval Notice is received, ISSS will notify the employee and department. The employee will report to ISSS if they are in the U.S. to obtain the approval notice and go through the H-1B requirements during their time of employment. If the employee is abroad waiting for the approval notice to apply at a U.S. Embassy/Consulate for the H-1B visa stamp, ISSS will work with the department to arrange the shipment of the notice.

Department Responsibilities

  • 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. 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 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 need to meet with the foreign national. Please contact ISSS with the officer’s name and details of the visit so that we can include the visit in 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.

Key Reminders

To transfer H-1B status:
  • Employee must be in valid H-1B status, currently working and receiving paychecks.
  • ISSS is required to file a new H-1B application with the USCIS before the foreign national terminates employment with his/her current employer.
  • Failure to maintain employment with the current employer prior to filing may cause serious delays (e.g., the foreign national may be required to exit the US and obtain an H-1B visa abroad.)
  • Transferring H-1B status from another employer involves careful timing and diligence during the application process, please contact ISSS as soon as possible when offering a position to a foreign national currently in H-1B status with another employer.
Authorization and Specifications
  • Current H-1B status only provides work authorization to work at UNT in the job specified on the Labor Condition Application
  • Contact ISSS at least 4 to 6 months prior to any change in: salary or funding, title, duties, location, employment classification, or hours worked.
  • Changes may require an amended petition and/or a new Labor Condition Application.
Extensions
  • Extensions must be submitted prior to current status expiration in order to maintain lawful status and to continue working without interruption.
  • Employees are encouraged to begin the extension process at least 6 months in advance.
    • A timely filed H-1B extension allows the employee to continue working for up to 240 days while the petition is being adjudicated.
  • Employees are not able to travel outside the U.S. or obtain a visa for re-entry until the H-1B Approval Notice is received.
  • In many cases, the employee's driver’s license will expire concurrently with the end date of the H-1B.
    • DMV’s will not automatically extend a driver’s license without the actual I-797 Approval Notice granting the extension.