H-1B Application Process

H-1B Application Documents

Document Checklist Deemed Export Control Certification
Department Application Employer Letter of Support Template
Employee Information Sheet Employer Letter of Support- Off-Site Template (where applicable)
Actual Wage Determination Worksheet Employee Premium Processing Fee Letter Template (where applicable)
Postdoctoral Employee Exception Form (where applicable)

Submit all application materials to ISSS

This starts the process with ISSS.  Please be sure to begin your internal processes in time to submit the materials to meet the deadlines discussed in Fees and Processing Times.  Divisional review, postings, document collection etc is not considered part of the timeline.

The same application may be submitted to ISSS for all of the following H-1B situations:

  • New Employment - The first time an employee  will apply for H-1B status at UC Santa Cruz, even if they are already an employee;
  • Extension  - When an employee is already in H-1B status and will extend their stay in the same position.  Employees who submit a timely filed extension may continue to work for up to 240 days while their petition remains pending;
  • Amendment - When an employee is already in H-1B status and something about their position has changed (location, title, responsibilities, etc);
  • Change of Employer - When an employer  is already in H-1B status with another employer and will transfer to UC Santa Cruz.  It is sometimes called “portability”;
  • Concurrent  - When an employee is already in H-1B status with another employer and would like to work at UC Santa Cruz in addition to their original position.

Review

ISSS reviews the paperwork submitted within 10 days of receipt. We will discuss with you any necessary changes or missing documents that should be included.

LCA

ISSS submits a request to certify a Labor Condition Attestation (LCA) to the Department of Labor.  This will generally be returned as certified from the DOL within 7 days. At the time of submission, ISSS will provide the department with a Notice of Filing of the LCA, which should be posted in a visible location at the site of employment for 10 business days and returned to ISSS at the end of this time.  This 10 day period can run concurrently to the rest of the application preparation and does not have to delay the process.  

Petition Submission

Once the LCA has been certified, ISSS will finalize the petition and submit it to USCIS.  Petitions using Premium Processing will receive a response within 15 day. Petitions using regular processing are subject to fluctuating USCIS adjudication timelines, which can be up to 9 months.

Approval

Once an H-1B petition is approved ISSS, will notify the specified contact for document pickup.  The Department is responsible for sending the document to the employee and any internal interested parties.  H-1B employees who are outside of the US will need to apply for a visa in their passport from a US consulate abroad.