The H-1B Visa
for specialty occupations
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The H-1B Visa is
employer-sponsored. Therefore, it is the employer, not the applicant, who
decides to pursue this status for an employee.
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H-1B approvals are position, salary,
and employer specific. Changes in any of these categories after the H-1B has
been approved often necessitates a new H-1B petition.
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The approval can be granted for a
maximum of three years and can be extended for another three years. House
Officers are generally only approved for H-1B status in one-year increments
because Temporary Education Permits (TEP) are only valid for one year.
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The procedure for extending H-1B
status is identical to new H-1B status, subsequent H-1B status, and amended H-1B
status due to a change in employment.
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The hiring unit will need to
complete a form to show salary information on current employees within the unit
who have similar job titles or job description. International Studies and
Programs will provide a form for this purpose.
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The hiring unit must agree to pay return airfare
for the applicant and any H-4 dependents to the applicant?s home country if
the department terminates the employment before the H-1B approval expires. This
stipulation is not required in the case of voluntary termination.
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The entire process of applying for
an H-1B Visa generally takes four months. This can be changed to five weeks if
Premium Processing is used ($1,000 additional). If a prospective employee
already has H-1B status, he/she may begin employment at UNMC as soon as the H-1B
petition is received by US Citizenship & Immigration Services (USCIS).
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Hiring departments are charged a preparation fee for each H-1B petition. The fee
is waived for UNO departments. USCIS fees include a $320 application fee and a
$500 Fraud Prevention Fee. These charges are to be paid by the hiring
department, not the employee. The Premium Processing fee of $1,000 is optional
and may be paid by the hiring department or the employee.
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Other government agencies involved with the process
are the Nebraska Department of Labor and the US Department of Labor.
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Completion of the
Department Request for H-1B Petition
begins the H-1B application process. This form can be found by clicking the link
in the left column for Electronic Forms.
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