H-1B Visa - SCHOLARS

H-1B SCHOLARS

The H-1B visa classification is a specialty occupation visa category for individuals who are identified as highly skilled workers with a bachelor’s degree or higher in the relevant field of study and occupation.

International Scholars on H-1B visas, otherwise referred to as H-1B beneficiaries, are eligible for a maximum of six years in this visa category and may be eligible for Legal Permanent Residency sponsored by Northwestern University, after two years of employment and with approval from their supervisor and the International Office. 

If you would like to apply for an H-1B visa, or seek to maintain your H-1B status through an extension or amendment, please begin the process by speaking with your department concerning your current immigration status and what type of visa your supervisor is willing to sponsor. The IO only accepts H-1B requests from NU sponsoring departments.

Upon confirmation of H-1B sponsorship by the hiring department, you are ready to begin the application process. The remainder of this webpage gives you information about:

Types of H-1B Petitions
Applying for an H-1B
Arrival and Maintenance of H-1B status
Travel While in H-1B Status
Obtaining an H-1B Visa Stamp Abroad
Requesting Immigration Documents
H-4 Dependents
Changing Employers - More Information
Off-Campus Occasional Lectures

TYPES OF H-1B PETITIONS

There are several types of H-1B visa petitions a hiring department may file for you depending on your current status. Brief information can be found below. For comprehensive information regarding each type, please review the Types of H-1B Table. 

H-1B Overseas

• For individuals currently outside the U.S.
• Beneficiaries may enter the U.S. up to 10 days before the start date on his/her H-1B Approval Notice.
• USCIS Approval Notice needed before individual can start work.  If intended employment start-date approaches and you do not have an Approval Notice, the NU hiring department will have to delay employment until the IO receives the approval notice.
• No additional paperwork required for dependents. (Dependent will not receive his/her own Approval Notice and will use H-1B supporting documents to apply for H-4 visa.)

H-1B COS (Change of Status)

• For individuals already in the U.S. in a different visa category.
• USCIS Approval Notice needed before individual can start work.  If intended employment start-date approaches and you do not have an Approval Notice, the NU hiring department will have to suspend employment until the IO receives the approval notice.
• Dependents will file Form I-539 to change his/her status. For assistance in filing Form I-539 please see IO Guidelines for Filing the I-539 for H-4 and E-3 dependents.

H-1B COE (Change of Employer)

• For individuals who already hold an H-1B at another institution and will be transferring to NU.
• USCIS Receipt Notice needed before individual can start work at NU. If intended employment start-date approaches and you do not have a Receipt Notice, the NU hiring department will have to delay employment.
• Dependents will file Form I-539 to transfer his/her status to NU. For assistance in filing Form I-539 please see IO Guidelines for Filing the I-539 for H-4 and E-3 dependents.

H-1B EOS (Extension)

• For individuals already in H-1B status who would like to extend the end-date of employment.
• USCIS Receipt Notice needed before individual can continue work at NU. If your intended employment start-date approaches and you do not have an Approval Notice, portability provisions allow you to continue at NU based on the Receipt Notice.
• Dependents will file Form I-539 to extend his/her status. For assistance in filing Form I-539 please see IO Guidelines for Filing the I-539 for H-4 and E-3 dependents.

H-1B Amend

• For individuals who already hold an H-1B at NU and will have a new title, new site of activity, new job description, reduced/increased salary and/or reduced/increased number of hours per week.
• USCIS Receipt Notice needed before the change can take effect.
• If this Amended H-1B application includes an extension, the dependent will file Form I-539*** to extend his/her status. If this Amended H-1B application does not include an extension, no paperwork for H4 dependents is required. For assistance in filing Form I-539 please seeIO Guidelines for Filing the I-539 for H-4 and E-3 dependents.

H-1B Concurrent 

• For individuals who already hold an H-1B at another institution and will collaborate with NU for a salary/stipend.
• USCIS Receipt Notice needed before individual can start work. If your intended employment start-date approaches and you do not have an Approval Notice, portability provisions allow you to continue at NU based on the Receipt Notice.
• Dependents should be maintained on the primary employer’s H-1B.

APPLYING FOR AN H-1B

All forms associated with the H-1B can be found here.

Requests for H-1B visas are handled with the Northwestern University sponsoring Department, the International Office and processed through an online case management system called Law Logix.  This system will be accessed by three main points of contact: the IO advisor; the Department Contact handling the paperwork and the H-1B Beneficiary themselves.

Timeline:

H-1B requests may be submitted up to 8 months before the start date but no earlier. Internal processing at the IO (before sending to USCIS) requires 3 months. External processing (once petition is sent to USCIS) requires 3 weeks to issue a Receipt Notice and approximately 3-4 months (or more depending on USCIS delays) for an Approval Notice.Premium processing is used to expedite the receipt of the Approval Notice. USCIS will issue a decision within 15 calendar days of USCIS receipt.Please keep in mind IO and USCIS processing times are subject to change based on processing volume.

H-1B Request Process:

1. Department Contact asks Beneficiary to collect documents on the H-1B Beneficiary Checklist
2. Department Contact collects documents from the Beneficiary and additional documents on the H-1B Department Checklist
3. Once all necessary signatures, documents, checks are collected, Department Contact submits original paperwork to the IO.
4. IO Front Desk charges H-1B processing fee and emails to Department Contact and Beneficiary
5. IO Advisor reviews paperwork and sends online questionnaire via Law Logix to Beneficiary. Upon review of paperwork, if needed the IO advisor will email Beneficiary/Department Contact for further clarification.
6. IO Advisor files Prevailing Wage Determination (PWD) with the Department of Labor (DOL).  Note: the PWD process takes approximately 60 days with DOL.
7. Once Prevailing Wage is determined, the IO Advisor files Labor Condition Application (LCA) with the Department of Labor (DOL) and sends DRAFT LCA to Department Contact for 10-day posting.
8. Within approximately 7 days from filing, the LCA is approved and the IO Advisor sends CERTIFIED LCA to Department Contact for signatures and return.
9. The IO Advisor reviews the paperwork and emails the Department Contact/Beneficiary if any additional documents are needed.
10. Once filed to USCIS, the IO Front Desk emails Beneficiary/Department Contact with FedEx tracking number.
11. Within approximately two to three weeks, IO Front Desk emails Beneficiary, Department Contact, and Payroll confirming the receipt of the Receipt Notice.
12. Within approximately three to four months, IO Front Desk emails Beneficiary, Department Contact, and Payroll confirming the decision made by USCIS.  The Approval Notice and support documents will be ready for pick-up at the IO.
13. If Beneficiary is outside of Evanston/Chicago area, the Department Contact will pick-up documents and send to Beneficiary. Once the Beneficiary arrives to campus, s/he will check-in with the IO and report to payroll. Beneficiaries may enter the U.S. up to 10 days before the start date on his/her H-1B Approval Notice.
14. If Beneficiary is already in Evanston/Chicago, s/he may pick-up Approval Notice and support documents and report to payroll.

ARRIVAL AND MAINTENANCE OF H-1B STATUS AT NU

Post-Arrival Information
Review our Post-Arrival Information "You're here...Now what?"

Address Update
If you change your residential address, please update this information with USCIS using form AR-11. Information can be found on USCIS' website.

Reminders for H-1B applicants outside the U.S.
Beneficiaries may enter the U.S. up to 10 days before the start date on his/her H-1B Approval Notice. H-1B visa holders coming to NU from outside the U.S. need to check-in with the IO before starting employment at NU. To do so, please complete the H-1B Beneficiary Check- In Form and bring your immigration documents: passport and original Approval Notice for the IO to photocopy and keep on file.

Reminders for H-1B EOS Applicants/Holders
It is important to maintain your H-1B status by applying for an H-1B extension in a timely manner. Please communicate with your current supervisor/department about your H-1B extension and keep the following points in mind to during the extension process:

If you have dependents in the U.S. please remember to file Form I-539 form to extend their H-4 status.

Please inform your sponsoring department and the IO if you are traveling outside the U.S. during the process.

If you are approaching your 5th year in H-1B status, and you intend to apply for Permanent Resident status in the U.S., please begin the process through NU (if eligible) or independently, prior to the start of your 5th year. This will allow extension of H-1B status beyond six years (while pending) for one year at a time.

TRAVEL WHILE IN H-1B STATUS

If you plan on traveling outside the U.S. while in H-1B visa status, please review the following Q&A regarding travel, and contact your IO Advisor with any further questions.

What if I am traveling within the U.S. domestically?

We recommend that all H-1B beneficiaries carry their valid passport and a copy of their H-1B approval notice for domestic travel.

What do I need to carry with me when I travel internationally?

• Original H-1B approval notice;
• Copy of the Labor Condition Application (LCA);
• Valid passport (6 months into the future) with valid H-1B visa stamp;
• Copy of your I-129 petition;
• Updated employment verification letter from NU department stating that you are currently employed, dates of employment, salary, job title and brief description of job duties

What if I am traveling to Canada or Mexico and will stay for less than 30 days?

All H-1B beneficiaries should carry the documents listed above. If the H-1B visa stamp has expired, H-1B beneficiaries must carry their H-1B original Approval Notice and can re-enter the U.S. on expired visa stamp.  If the H-1B beneficiary had a change of status (COS) within the US and currently holds an H-1B status with an Approval Notice but has a visa stamp from another visa category, then he/she will have to obtain an H-1B visa stamp to re-enter the U.S. in H-1B visa status.

What if I am traveling to Canada or Mexico and will stay for longer than 30 days?

All H-1B beneficiaries should carry the documents listed above. If the H-1B visa stamp has expired, H-1B beneficiaries must obtain a valid H-1B visa stamp to re-enter the U.S. If the H-1B beneficiary had a change of status (COS) within the U.S. and currently is in H-1B status with an Approval Notice, but has a visa stamp from another visa category (e.g. F-1), then he/she will have to obtain an H-1B visa stamp to re-enter the U.S. in H-1B visa status.

What if I am traveling outside of the U.S. (other than Canada or Mexico) for any period of time?

All H-1B beneficiaries should carry the documents listed above. If the H-1B visa stamp has expired, H-1B beneficiaries must obtain a valid visa stamp to re-enter the U.S.If the H-1B beneficiary had a change of status (COS) within the US and currently holds an H-1B status with an Approval Notice but has a visa stamp from another visa category, then he/she will have to obtain an H-1B visa stamp to re-enter the U.S. in H-1B visa status.

What if I am traveling outside the U.S. while my H-1B extension is pending?

Before leaving the U.S., please contact the IO. If an H-1B beneficiary is traveling while an H-1B extension is pending and will be re-entering the U.S. close to the expiration date of his/her current H-1B, he/she is encouraged to carry the documents listed above plus the extension Receipt Notice and copies of the extension petition with him/her while traveling.

What if I am traveling with a valid visa stamp from another employer?

If a COE H-1B beneficiary is traveling with a valid visa stamp from another employer, you are required to bring all of the documents listed above

At the border, what types of questions will I be expected to answer*?

Nature of employment (i.e. NU Department, Job title); Specific job duties (i.e. Job description)' Exact work location;  Salary - *In sum, we recommend that you familiarize yourself with your current H1B petition and the specifics of it.

Why might I be selected for secondary inspection?

Your travel documents are incomplete or you do not have the proper documents or visaYou appear to have previously violated your immigration statusYou appear to have a criminal record that is of concernYou have been selected for a random inspection. *Please note: If you are pulled into secondary inspection, please answer all questions directly, truthfully and to the best of your knowledge

OBTAINING AN H-1B VISA STAMP

All H-1B visa stamps must be obtained outside the U.S. Note: Canadian citizens do not require a visa stamp from a U.S. consulate. For further information, please review our Guidelines for Obtaining an H-1B Visa Stamp. See the Consular Electronic Application Center for specific requirements.

If while applying for an H-1B visa stamp, your name is sent for a background check, there is very little the university can do to ameliorate the situation. However, if more than 60-days have passed since the date of application, and no information has been given regarding application status, please follow the instructions on the IO website regarding Visa Stamp Delay.

REQUESTING IMMIGRATION DOCUMENTS

Use our online International Scholar Document Request form to request your immigration documents. Please plan ahead and allow two-weeks for processing. The IO will notify you when your request has been processed.

H-4 DEPENDENTS

The H-4 visa category is for dependents of the H-1B beneficiary.

H-4 dependents are eligible for full-time and part-time study, but are not eligible for employment. When H-4 dependent children reach the age of 21 years old, they "age-out" of the H-4 visa category, and will have to obtain their own visa status in an appropriate category.

Information regarding H-4 visa status and what is needed to obtain/maintain H-4 status for dependents is outlined above. It is the responsibility of the H-1B Beneficiary and the H-4 dependent to to maintain the H-4 status.  If Form I-539 is required, please review the IO Guidelines for Filing the I-539 for H-4 and E3 Dependents. You may submit this form to the IO for review or you may choose to file it yourself. 

When traveling, H-4 dependents should carry with him/her, a copy of the H-1B Approval Notice, copy of the H-1B petition most recently submitted to USCIS, as well as any other relevant documents related to H-4 status (Approval Notice, H-4 visa stamp) and a valid passport. 

See our website for more information and resources for International Spouses and Families.

OFF-CAMPUS OCCASIONAL LECTURES

H-1B beneficiary's are eligible to be issued reimbursement for transportation and reasonable incidental expenses incurred while traveling to off-campus lectures but s/he is not approved to be paid a wage, salary or honorarium for these services. Please contact a scholar advisor for more information and for an approval letter.