H-1B Application Process

ISSS requires up to 45 days to process an H-1B petition from the day we receive a complete H-1B Application. Submit a complete application 6 months (but no more than 6 months) prior to the H-1B Requested Start Date if you hope to avoid the $2805 Premium Processing Fee.

H-1B Application Process

Steps in the H-1B Application Process
  1. Dept begins application in Destiny One  
  2. Dept invites Applicant to complete their sections
  3. Dept sends G-1450(s) and Controlled Tech Form to ISSS
  4. Appropriate TU Official signs and emails Actual Wage Form to ISSS
  5. Dept submits completed application  
  6. ISSS begins LCA process; DOL requires minimum of 7 days for certification once LCA has been submitted
  7. ISSS begins preparing H-1B Petition  
  8. ISSS submits petition to USCIS. With Premium Processing, USCIS should respond within 15 calendar 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 in 5 months.
  9. Dept, HR and Applicant will be notified via email when ISSS receives the Receipt and Approval Notices 
Factors affecting eligibility for H-1B status

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.

Documents Needed If You Have Ever Held J Status

"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) You were not subject (include a free Advisory Opinion from the US Dept of State indicating Not Subject)

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

3) 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.

If you cannot provide one or more of the documents indicated in this application, reach out to before moving forward with this application.

Factors That Influence H-1B Start Times

Extension H-1B Petition 
Provided USCIS receives the H-1B Extension Petition prior to the employee's current H-1B Approval Notice End Date, applicant may work for 240 days beyond the expiration date on the current Approval Notice.  Travel outside the US may be complicated during this waiting period.  

Amendment H-1B Petition 
The employee may not begin working in the new position until USCIS receives our H-1B Amendment petition. Contact HR/Payroll Management for more information once H petition is submitted.   

Transfer H-1B Petition 
Applicant may not begin working with Temple until USCIS receives our petition. Contact HR/Payroll Management for more information once H petition is submitted.  Travel outside the US may be complicated during this waiting period.   

Academic Credentials Evaluation

Learn about Credentials Evaluation here.

Differences Between H-1B and J-1 Status

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