H-1B Specialty Occupation

 

For long-term employment (including tenure-track positions) in teaching and research, the H-1B visa status is most commonly used. H-1B status can be extended for up to six years and allows transition to permanent residency for qualified foreign nationals.

The H-1B process involves approval by several governmental agencies and significant processing times. Because the H-1B approval process can take up to six months, it is highly recommended that paperwork to initiate an H-1B petition be submitted seven to eight months in advance of the employment start date.

To initiate an H-1B application, the following information must be completed and submitted to Office International Services.

Steps for Initiating an H-1B Petition

The hiring department must submit the H-1B Department Request through iNorthTX.

As part of the request, the department must upload and/or complete the following:

  • Payment Agreement Form
  • Position Information, including:
  • Petitioner Support Letter
  • See Petitioner Support Letter Template
  • Job Offer Letter
  • See Job Offer Letter Template
  • Actual Wage Determination Information
  • Departments may use the provided worksheet to assist in completing the required fields.
  • Export Control Questionnaire
  • A copy of the beneficiary’s passport is required for this section.

Processing cannot begin until all required information and documentation are submitted through iNorthTX.

Once the departmental documentation request is complete:

  • The employee will receive an automated email from iNorthTX.
  • The employee must complete the beneficiary information e-form.
  • The employee must upload all required supporting documents.

ISO cannot proceed without both departmental and beneficiary documentation.

ISO will determine whether the wage offered by the department meets or exceeds the prevailing wage set by the U.S. Department of Labor.

If the wage requirement is met:

  • ISO will complete and submit Form ETA 9035, Labor Condition Application (LCA) for certification.
  • A Notice of Filing will be posted on the UNT System Notice of Filing webpage on or before the date the LCA is filed with the U.S. Department of Labor.
  • The notice will remain posted for at least 10 business days.

Federal regulations require that documentation filed in support of an H-1B petition be available for public inspection within one working day of filing. These Public Access Files are maintained by ISO.

Once all required documents are received and the LCA is certified:

  • ISO will complete Form I-129.
  • The H-1B petition will be submitted to U.S. Citizenship and Immigration Services (USCIS).

Once the I-797 Approval Notice is received:

  • ISO will notify the employee and department.
  • If the employee is in the U.S., they must report to ISO to obtain the approval notice and review H-1B requirements.
  • If the employee is abroad, ISO will coordinate with the department to arrange shipment of the approval notice so the employee may apply for an H-1B visa stamp at a U.S. Embassy or Consulate.

Employment may only begin (or continue) as authorized under the approved H-1B petition.

Departmental Responsibilities

Once H-1B approval is granted, UNT Health and the employee must maintain strict compliance with federal regulations enforced by:

  • U.S. Citizenship and Immigration Services
  • U.S. Department of Labor

Regulations require careful monitoring of:

  • Salary
  • Job title
  • Job classification
  • Job location
  • Job duties
  • Hours worked

ISO must be contacted at least 4–6 months prior to any anticipated change. Changes may require an amended petition and/or a new Labor Condition Application.

If an H-1B employee is terminated prior to the expiration of their H-1B:

  • UNT Health is required by law to pay the cost of a one-way airfare ticket for the employee (not dependents) to their home country or last country of residence.
  • This requirement does not apply if the employee voluntarily resigns to accept other employment.

The department must notify BOTH the employee and ISO as soon as it is determined that employment will end.

Individuals in H-1B status may be eligible for a discretionary grace period of up to 60 days following termination of employment. The grace period does not authorize employment and is not automatically granted. Termination carries serious immigration consequences, and employees should consult ISO immediately.

ISO prefers to meet with employees well in advance of termination to provide guidance.

Both USCIS and the Department of Labor may conduct unannounced site visits.

If a government officer visits your department:

  • The officer should provide a badge and business card to verify identity.
  • Please be courteous and answer questions regarding job duties, salary, location, title, and employment conditions.
  • The officer may request to meet with the H-1B employee.

Departments must immediately notify ISO with the officer’s name and details of the visit so it may be documented.

Transferring H-1B Status to UNT Health

UNT Health may sponsor individuals currently in H-1B status with another employer through the filing of a new H-1B petition.

To be eligible for an H-1B transfer:

  • The employee must be in valid H-1B status at the time the new petition is filed.
  • The employee must have been lawfully admitted to the U.S.
  • The employee must not have engaged in unauthorized employment.
  • The new H-1B petition must be properly filed by ISO with U.S. Citizenship and Immigration Services.

In most cases, the employee must be currently working and receiving pay from their H-1B employer at the time the UNT Health petition is filed.

60-Day Grace Period Consideration

If employment with the current H-1B employer ends, the individual may be eligible for a discretionary grace period of up to 60 days (or until the end of their current H-1B validity period, whichever is shorter). During this time:

  • The individual may remain in the United States.
  • They may seek new employment.
  • A new H-1B petition may be filed on their behalf.

The grace period does not authorize employment and is not automatically granted in every case.

Important Timing Guidance

  • ISO strongly recommends filing the UNT Health H-1B petition before the employee resigns from their current employer whenever possible.
  • Failure to maintain valid status at the time of filing may result in serious delays or require the employee to depart the U.S. to obtain a new H-1B visa abroad.
  • Employment with UNT Health may begin upon receipt of the USCIS filing receipt notice, provided portability requirements are met.

Because H-1B transfers involve careful timing and documentation, departments must contact ISO as soon as an offer is extended to a candidate currently in H-1B status.

H-1B authorization permits employment only at UNT Health and only in the specific position described in the approved Labor Condition Application and petition.

Departments must consult ISSS at least four to six months before making changes to:

  • Salary
  • Title
  • Duties
  • Location
  • Employment classification
  • Hours worked

Unreported changes may place both the university and employee out of compliance.

 

H-1B extensions must be filed prior to the current expiration date in order to:

  • Maintain lawful status
  • Continue working without interruption

Employees are encouraged to begin the extension process at least six months in advance.

A timely filed extension allows the employee to continue working for up to 240 days while the petition is pending.

Important reminders:

  • Employees may not travel internationally or obtain a visa for re-entry until the I-797 Approval Notice is issued.
  • In many cases, a Texas driver’s license will expire on the same date as the H-1B.
  • The Department of Motor Vehicles will not extend a driver’s license without the I-797 Approval Notice granting the extension.