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.