H-1B status is used at the University of Denver to temporarily employ non-immigrants in faculty, staff, and post-doctoral positions. United States Citizenship and Immigration Services (USCIS) limits the H-1B visa to use in "specialty occupations" that require the theoretical and practical application of a body of highly specialized knowledge.
- Purpose: Temporary professional employment in a "specialty occupation - the position must require at least a bachelor's degree in a specific field.
- Intent: Return home or may become a permanent resident.
- Application: Petition filed by DU with DOL and USCIS. May change status in the U.S. or apply for visa at U.S. embassy abroad.
- Duration: Up to 6 years for all H-1B employment, given in 3 year increments.
How to Request H-1B Sponsorship for an Employee
To receive the most accurate advice and avoid unexpected delays, departments should start a new sponsorship request as early as possible.
After a sponsorship request for a scholar or employee has been started, ISSS will first confirm the visa type required. Further instructions and the documents needed for processing are available after this stage.
- Navigate to the ISSS Portal at isss.du.edu
- Select ‘Department Access to Visiting Scholars’
- Click 'Login for Department Admins'
- Log in using your DU SSO credentials
- Follow the instructions for submitting a sponsorship request
If you need access to the ISSS Portal or have questions about this process, contact ISSS at firstname.lastname@example.org.
Submit the request for sponsorship and required documents to ISSS at least 6 months before the intended start date of employment for someone who does not currently hold H-1B status. For someone currently in H-1B status, submit the request at least 3 months before the intended start date/end of current H-1B status.
Expect ISSS to take 3-4 weeks to prepare the H-1B petition.
USCIS processing time averages 3-6 months. Premium processing is available for $2,500 and requires that USCIS respond to the petition filed by DU in 15 calendar days. Premium processing does not guarantee approval of the H-1B petition.
Required fees paid by the DU hiring unit:
- $460 filing fee
- $500 anti-fraud fee (not applicable for H-1B extensions or amendments)
Optional fee: $2,500 for premium processing
Fees are subject to change. The fees listed are current as of January 2023. To verify current fees check USCIS Filing Fees.
To file for H-1B sponsorship, the following conditions must be met:
- The position offered must require at least a bachelor’s degree in a specific field
- The DU hiring unit must pay the prevailing wage (determined by the US Department of Labor) or the actual wage, whichever is higher.
- The candidate for employment must:
- Hold at least a bachelor’s degree or the foreign equivalent in a relevant field
- Not be subject to the J-1 visa 2-year home residency requirement
The department must:
- pay at least the wage stated in the H-1B petition
- for part-time employees (including adjunct faculty): track the number of hours worked each day and each week
- provide return transportation if the H-1B employee is terminated prior to the expiration of the H-1B petition
- notify ISSS if the H-1B employee leaves their position prior to the expiration of the H-1B petition
- notify ISSS if there are material changes to the position such as a change in job duties, location of employment, etc.
- notify ISSS if the department wishes to extend the H-1B status of the employee
Spouses and children of the H-1B employee may apply for H-4 dependent visa status. H-4 applications are the responsibility of the H-1B employee. Dependents must apply for either extension of their H-4 status or change of their current immigration status to H-4 status when the H-1B employee applies for either extension of status or change of status.
Note: ISSS will include the I-539 change of status application with the H-1B petition if the employee notifies us that their dependent spouse or child needs to apply for H-4 status and provides the application in a sealed envelope. ISSS does not review the I-539 change of status application for H-4 dependents. If you have questions about the form I-539, you can contact an immigration attorney for assistance.