H-1B Employees

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 New 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.

  1. Navigate to the ISSS Portal at isss.du.edu
  2. Select ‘Department Access to Visiting Scholars’
  3. Log in using your DU SSO credentials
  4. Follow the instructions for submitting a new sponsorship request. To request an extension of DU's H-1B sponsorship of a current employee, follow these instructions.

If you need access to the ISSS Portal or have questions about this process, contact ISSS at isss@du.edu.

  • Timeline

    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 $2,805 and requires that USCIS respond to the petition filed by DU in 15 business days. Premium processing does not guarantee approval of the H-1B petition.

  • Costs

    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: $2,805 for premium processing 

    Fees are subject to change. The fees listed are current as of February 26, 2024. To verify current fees check USCIS Filing Fees.

  • Eligibility

    To file for H-1B sponsorship, the following conditions must be met:

    1. The position offered must require at least a bachelor’s degree in a specific field
    2. The DU hiring unit must pay the prevailing wage (determined by the US Department of Labor) or the actual wage, whichever is higher.
    3. 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
  • Department Responsibilities

    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
  • Dependent

    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.