This process is lengthy and complex, involving various state and federal government agencies. In order to ensure that everything goes smoothly, it is extremely important that you read through all of the material provided and follow the instructions. This will avoid unnecessary delays in processing the petition.
Please be advised, however, that any estimated processing times referenced in this packet are subject to change without notice due to changes in the regulations/law and/or due to backlogs within a particular government agency. The International Student Center (ISC) cannot control delays of this nature.
All questions should be directed to Maria Beebe at 532-6448 .
Maria Beebe
International Student Center
Kansas State University
Manhattan KS 66506
Email: pappy@ksu.edu
FAX: 532-6607
With all documentation received from the department and the beneficiary, the International Student Center will submit the Prevailing Wage Request form to the Kansas Department of Commerce. The Department determines the prevailing wage. This process takes at least 30 days. Please be aware that the State has taken longer than this. There is no way to expedite this process.
After the Prevailing Wage has been determined, the Labor Condition Application (LCA) is completed by the ISC and submitted to the U.S. Department of Labor (DOL). The DOL keeps these applications on file, and employers are required by the government to meet the wage criteria reported on the application. Employers may at anytime be audited by the DOL. The LCA must be posted in two locations for public view for a minimum of 10 business days, generally within the Department and Human Resources. The ISC will send a notice for posting.
The ISC will submit the petition to the USCIS. This process takes 90 - 150 days, possibly longer if USCIS requests additional information.
Note: For an additional fee of $1000, USCIS will adjudicate the case in 15 calendar days or less under premium processing. Premium processing applies only to the 3 rd step of the H-1B process. The prevailing wage and LCA stages cannot be expedited.
The following are the fees that need to be included with the application to USCIS. These fees need to be on separate checks and payable to Department of Homeland Security . The employing department is responsible for the filing fees for the I-129 and the Anti-Fraud fee (if applicable). The payment for the Premium Processing is optional for the department.
Application fee for the I-129: - $320.00
Anti-Fraud Fee: - $500.00
Premium Processing (if applicable): - $1000.00