Information and Forms for the Beneficiary (Employee)
The H-1B status is employer specific; therefore, you may only work for the employer who sponsors your status. It is possible to have more than one employer as long as each employer has filed an H-1B petition for you.
The H-1B visa status recognizes dual intent. This means that you may apply for permanent residency while in H-1B status; however, you are strongly urged to make International Student and Scholar Services (ISSS) aware of your plans so that we may advise you properly. We do not assist in the permanent residency process. We have a listing of reputable attorneys to which we can refer you.
Dependent family members in H-4 status may be enrolled in school, but they are NOT eligible to work.
You will be given a copy of your approved Labor Condition Application when you receive all of your H-1B paperwork. This form shows your actual wage (what you are actually being paid) and the prevailing wages (what the U.S. Department of Labor has determined to be the average wage for the position). If you are not receiving the actual wage listed on the Labor Condition Application, please contact the ISSS immediately.
All questions should be directed to Maria Beebe, 532-6449 or email her at email@example.com.
The following forms are in .pdf format. They are fillable, that is, you can type your information directly into the form, print it, then sign it.
All beneficiaries must complete the Beneficiary Worksheet and provide all of the information listed on the Checklist. For all new employees as well as employees changing his or her current status to H-1B at Kansas State University, use Checklist A. For those who need to extend their stay, use Checklist B.
For beneficiaries that have dependents, you must complete the Dependent Listing. If those dependents will need to change their status to H-4 or extend their H-4 status, you must complete the I-539. Go to http://www.uscis.gov/portal/site/uscis. Click on Immigration Forms and scroll down to the I-539. This should be submitted to ISSS along with the Beneficiary Worksheet and supporting documentation listed on the Checklist.
This process is lengthy and complex, involving various 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 are subject to change without notice due to changes in the regulations or to backlogs within a particular government agency. The ISSS cannot control delays of this nature.
H-1B Process Overview
Once all documentation is received from the hiring department and the beneficiary, ISSS will submit the Prevailing Wage Request form to the National Processing Center (NPC) which will issue the prevailing wage determination. This processing time for this varies, but expect it to take about 4 weeks.
After the Prevailing Wage has been determined, the Labor Conditions Application (LCA) is completed by the ISSS and submitted to the U.S. Department of Labor (DOL). I takes approximately 1 week to receive the certified LCA. 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 ISSS will send the notice for posting.
The ISSS will prepare and submit the H-1B petition to the USCIS. This process takes 90 - 150 days, possibly longer if USCIS requests additional information.
Note: For an additional fee of $1,225, USCIS will adjudicate the case in 15 calendar days or less. Premium processing applies only to the 3rd step of the H-1B process. The prevailing wage and LCA stages cannot be expedited.