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.
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.