Employment Visas

International Services is U of I’s designated office to file immigration applications on behalf of U of I. Prior to a position being posted, we can review the position to determine if it meets the Special Occupation requirements for a work visa. Once a candidate is selected for an eligible position, International Services will evaluate sponsorship options and assist the hiring department and employee through the visa process. It is the hiring department’s decision to whether to sponsor immigration work authorization for a position. Sponsorship entails paying petition fees, meeting prevailing wage requirements, and responsibility for maintaining the position for the duration of the petition. The hiring department and the prospective employee will complete the work visa request through iVandal, the immigration compliance portal.

Processing timelines for immigration applications is highly application-specific and subject to high fluctuation. Generally, most employment-based immigration work authorization processes take a minimum of 3-10 months. A Premium Processing fee ($2,500, subject to change) can be paid to USCIS to receive a decision within 15 business days after the application is ready to submit.

U of I has an agreement with and refers all employment visa to Ware Immigration for filing.

H-1B Requirements Overview

The H-1B visa allows you work temporarily for a U.S. employer in a specialty occupation. To work for University of Idaho (or any other U.S. employer) on an H-1B visa, you must meet the following requirements:

• Valid employer-employee relationship with your petitioning U.S. employer
• Job that qualifies as a “specialty occupation” by meeting at least 1 of these criteria:
• A bachelor’s degree or higher (or equivalent) is a minimum requirement
• The employer normally requires a degree or equivalent for the position
• The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with attainment of a bachelor’s or higher degree
• “Specialty occupation” job that is related to your field of study
• Pay that is at least the actual or prevailing wage for your occupation, whichever is higher
• The candidate is eligible for an H1B visa

H-1B status must be requested and filed with the U.S. Citizenship and Immigration Services (USCIS) by a U.S. employer. No foreign nationals can file H-1B themselves.

Next Steps for H-1B Employee

• Initial Applicants – Consular Processing: The prospective H-1B employee will work with the hiring department to complete the initial H-1B application in iVandal. Once that is complete, International Services will work on the H-1B petition and labor certification documentation that will be submitted to USCIS. If outside the U.S., once the H-1B petition is approved by USCIS, the prospective H-1B employee applies for an H-1B visa at a US consulate abroad using the documentation issued by USCIS (the official I-797 Approval Notice) and the department.
• Initial Applicants – Change of Status: If changing from another immigration status to H-1B immigration status while inside the US, the prospective H-1B employee will work with their hiring department to complete the initial H-1B application. Once that is complete, International Services will work on the H-1B petition and labor certification documentation that will be submitted to USCIS.
• Transfer Applicants: If transferring H-1B status from within the US, H-1B employee must work with their hiring department to complete the H-1B Transfer application in iVandal. Once that is complete, International Services will work on the H-1B petition and labor certification documentation that will be submitted to USCIS. H1B is employer and position specific. If you are currently in H1B status, U of I must initiate a petition to transfer your status. A notice of receipt from USCIS is required before a candidate is eligible to begin work at U of I.
• Extension Applicants: If employee is currently in H-1B status at U of I and eligible to extend H-1B status, H-1B employee will work with the hiring department to complete the H-1B extension application in iVandal. Once that is complete, International Services will work on the H-1B petition and labor certification documentation that will be submitted to USCIS.
• Dependents of Applicants: Candidates are responsible for cover the legal and processing fees for dependents unless otherwise contracted.