H-1B Information and Forms for the Hiring Departments
According to Federal Regulations the Employer is also obligated to pay "at least the Actual Wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question or the Prevailing Wage level for the occupation in the area of employment, whichever is higher."
Department of Labor Requirements
The university must also certify that the following conditions have been met.
- The employment of the H-1B nonimmigrant will not adversely affect the working conditions of employees similarly employed in the area.
- On the date that the application to the Department of Labor is signed and submitted, there is not a strike, lockout, or work stoppage at the place of employment.
- A copy of the Labor Conditions Application (LCA) has been or will be provided to each H-1B nonimmigrant.
- A notice of filing has been posted and was, or will remain, posted for 10 working days in at least two conspicuous locations where the H-1B nonimmigrant will be employed.
Violations and Penalties Under Federal Regulations
The Labor Condition Application (LCA) and the H-1B petition require attestations that may subject the University to various penalties. Any aggrieved person or organization may file a complaint during the LCA procedure. Therefore, supporting documentation for the LCA must be kept on file and must be available for investigation. Failure to meet a condition in the LCA may result in the following.
- Monetary penalties up to $1000 per violation.
- Employers being barred from filing applications or attestations with the Department of Labor to employ aliens on either a temporary or permanent basis.
- Employers ordered to provide for payment of back wages.
It is extremely important that the department does not misrepresent any fact or situational development. It is the responsibility of each department to notify International Student and Scholars (ISSS) in advance if any conditions of employment change at any time so that we may notify the proper government agency. In the event that Kansas State University is audited by the Department of Labor, ISSS is not responsible for any misinformation provided by Department sources.
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 due to backlogs within a particular government agency. ISSS cannot control delays of this nature.
All questions should be directed to Maria Beebe at 532-6449 or firstname.lastname@example.org.
Step 1 - Prevailing Wage/Actual Wage Determination
When all documentation is received from the department and the beneficiary, ISSS will submit the Prevailing Wage Request form to the National Processing Center (NPC). The NPC determines the prevailing wage and will send its determination to ISSS. The processing time varies, but expect it to take at least 4 weeks. The wage paid to the employee must be the higher of the Prevailing Wage or the Actual Wage (see Actual Wage Determination form below).
Step 2 - The Labor Conditions Application
After the Prevailing Wage has been determined, the Labor Conditions Application (LCA) is completed by ISSS and is 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 academic Department and Human Resources. ISSS will send the notice for posting.
Step 3 - Submission of H-1B Petition to USCIS for Adjudication
Upon certification by DOL of the Labor Conditions Application, ISSS 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 $1,225, USCIS will adjudicate the case in 15 calendar days or less under premium processing. Premium processing applies only to the 3rd step of the H-1B process. The prevailing wage and LCA stages cannot be expedited.
- Read, complete and sign the Prevailing Wage Worksheet and the Actual Wage Determination.
- Letter of offer from hiring authority to individual.
- Copy of the job posting.
- The Departmental Sponsorship Letter. The letter should be written by the department chairperson. This letter describes the job to be performed and the requirements of the job in terms of experience and education. This letter should indicate why an individual with a degree is needed to do the job. Additionally, it should detail the qualifications of the foreign national selected for the position, describing the education, experience, etc. to show that the individual has the credentials needed for the job. The letter should also document the terms of employment (job title, salary, etc.) Click here for a sample letter in Rich Text Format.
- Post the Labor Conditions Application in a public area of the department when requested by ISSS. ISSS will provide this form to you at the appropriate time.
- Changes in employment: If ANY substantial changes in the H-1B visa holder's employment occur (such as location, duties, title, salary, termination, etc), it is the responsibility of the Department to inform our office immediately. Federal regulations require the employer to notify USCIS in advance of such changes.
The department will be responsible for the cost of the mailing fees required to send H-1B petitions to USCIS, and if necessary, to the beneficiary, if the beneficiary is outside the U.S. and must apply for a visa. In most cases, the petition will be mailed via FedEx.
H-1B Filing Fees
The following fees must be included with the H-1B petition. These fees must be on separate checks and payable to:
Department of Homeland Security
P.O. Box 10129
Laguna Niguel, CA 92607
(Never have checks sent directly to USCIS!)
Fee for the I-129: $325
Anti-Fraud Fee: $500 (This fee does not need to be paid if the employee is already working at K-State in H-1B status and we are filing for an extension of the H-1B.)
Premium Processing: $1,225
Kansas State University is responsible for paying the I-129 and Anti-Fraud fees.
The Departments will pay the Premium Processing fee when the start date for the new employee does not allow sufficient time to process an H-1B petition. If the Department allows sufficient time or is willing to wait for the normal processing of the H-1B then that Department will not need to pay the $1,225. There are times when an employee would like to expedite the process on his or her own. In those cases the employee will be responsible for that fee. All Premium Processing cases will be reviewed by the H-1B coordinator for the final decision.
Reimbursement of Filing Fees
Departments may receive reimbursement for the $325 and $500 fees. In order to request reimbursement, you must submit the following information to Gail Zeak in the Provost's Office, 108 Anderson Hall. Please note that funds from Foundation accounts cannot be reimbursed.
- Copy of Payment Voucher or copy of checks with the letter used to request the checks. Employee's name must appear on the payment voucher or letter.
- Project to which money will be transferred. This should have a 2000 source code.
- The Organization number.