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H-1B Temporary Workers

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.

Eligibility for H-1B Category

Non-immigrant candidates for a position at DU may be considered for employment in the H-1B category at the University under the following conditions:

  • The appointment will be long-term or possibly permanent.
  • The position requires at least a Bachelor's degree in a specific specialty.
  • The candidate holds at least a Bachelor's degree or the foreign equivalent in a relevant field.
  • J-1 exchange visitor status is disadvantageous or not appropriate.
  • The candidate is not subject to the J-1 2-Year Home Residency requirement.
  • The department will pay at least the prevailing wage determined by the State Workforce Agency (SWA).

* All non-immigrants with regular tenure-track faculty appointments must eventually obtain U.S. permanent residency status.

Filing an H-1B Petition

Departments may work with International Student and Scholar Services (ISSS) to file an H-1B petition on a candidate's behalf. If you file the petition through ISSS, the only fees required are the USCIS filing fee ($325) and an additional fraud detection and prevention fee ($500) for new H-1B employment at the University.

Most H-1B petitions will be processed by ISSS unless there are exceptional circumstances that warrant retaining outside legal counsel. Using an immigration attorney to file an H-1B petition can cost between $1500 and $3500 per application. Legal fees are the responsibility of the hiring department and should not be passed on to the candidate.

Department Responsibilities

By agreeing to sponsor a non-immigrant for H-1B status at the University, a department assumes the following responsibilities:

  • Pay the higher of the actual wage or the prevailing wage.
  • Post the Labor Condition Application (LCA).
  • Pay the relevant USCIS filing fees.
  • Track the number of hours the employees works each day and each week for part-time employees.
  • Provide the employee return transportation if the H-1B employment is terminated prior to the expiration of the H-1B status.
  • Notify ISSS if the employee leaves prior to the expiration of the H-1B status.
  • Notify ISSS when there are substantive changes to the position, such as change in job duties or location of employment.