ISSS requires up to 45 days to process an H-1B petition from the day we receive a complete H-1B Application.

1. Dept begins application in Destiny One and invites Applicant to complete their sections
2. Dept submits completed application which includes an appropriately-signed Appointment/Offer Letter, the Controlled Technology Form, the appropriately-completed and signed Actual Wage Form and G-1450 / G-1650 Forms
3. ISSS begins the Labor Condition Application (LCA) process; DOL requires minimum of 7 days for certification once LCA has been submitted
4. ISSS begins preparing H-1B Petition  
5. ISSS submits petition to USCIS. With Premium Processing, USCIS should respond within 15 business days – this could be an Approval, a Request for Further Evidence or a Denial. Without Premium Processing, we expect Receipt Notice in a month & Approval Notice months after USCIS receives petition, depending upon current processing times.
6. Dept, HR and Applicant will be notified via email when ISSS receives the Receipt and Approval Notices 

Below please find factors that might interfere with an employee obtaining H-1B status. Note that Temple University does not offer H-1B Sponsorship for Part-Time Faculty Positions.

• J-1 Two Year Home Residency Requirement
• Previous Time Spent in H or L status
• H-1B Specialty Occupation
• Applicant must meet the minimum qualifications for the position
• Offered Salary must meet the H-1B Required Wage

Review the list here.

"Occasionally, the foreign residence requirement is not correctly annotated on the Certificate of Eligibility for Exchange Visitor (J-1) Status (Form DS-2019) or on the visa foil or both. The absence or inclusion of such a notation on a DS-2019 or visa foil that the exchange visitor is subject to the requirement is not conclusive. (USCIS) Officers must look to the Exchange Visitor Skills List, funding, or other reasons that may make a J-1 exchange visitor subject to the requirement when making a determination as to whether the J-1 exchange visitor is eligible for change of status to certain classifications, or adjustment of status." USCIS Policy Manual

All H-1B Applicants who have ever held J status are required to include specific documents that demonstrate one of the following:

1) DS-2019 Form(s) and J-1 Visa Stamp(s) indicating Not Subject

2) Advisory Opinion from the US Dept of State indicating Not Subject

3) Waiver of the Two Year Home Residency Requirement (include a Dept of State Waiver Recommendation and a Form I-612 Waiver Approval from USCIS)

4) Fulfillment  of the Two-Year Home Residency Requirement by residing in your country of nationality for an aggregate of at least two years (Provide Immigration Documentation, Employment/School Enrollment Verification Letters, Tax Documents, Mortgage/Lease Agreements, etc)

Copies of DS-2019 Forms or J Visa Stamps indicating not subject  are only preliminary observations. It is possible that USCIS may require an Advisory Opinion or a Waiver before they will adjudicate the petition.

Reach out to sharonl@temple.edu if you cannot provide one of the above documents with your H-1B application.

Click here for details

F-1 to H-1B

J-1 to H-1B

Read more about Advisory Opinions and H-1B Petitions for Current / Former J Exchange Visitors here.

Learn about Credentials Evaluation here.

Read more about the differences between H-1B and J-1 status here.