Information and Forms for the Department
How do we apply for an H-1B for a current or prospective employee?
Please see the H-1B overview for a summary of the process.
To begin the process, you must submit the following forms to ISSS.
- Prevailing Wage Worksheet
- Actual Wage Determination
- Departmental Support Letter - click here for a sample letter or an Extension Request letter
- Part Time Certification form (if employee is less than full time)
The department is also responsible for the filing fees for the H-1B petition. These fees are as follows:
- $325 ($460 as of 12/23/2016) and $500 (anti-fraud fee) for all new cases. These must be separate checks.
- $325 ($460 as of 12/23/2016) for extensions (which are extension requests for those working at K-State in H-1B status)
- $1,225 for Premium Processing (optional but sometimes necessary in certain cases. Consult with ISSS.)
All checks must payable to the Department of Homeland Security. The address for the purposes of requesting the checks is USCIS, P.O. Box 10129, Laguna Niguel, CA 92607. Never send the checks directly to USCIS.
Departments may receive reimbursement for the $325 ($460 after 12/23/2016) 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.
What is Premium Processing?
U.S. Citizenship and Immigration Services (USCIS) has an expedited process available for H-1B petitions. The cost for this is $1,225 in addition to the regular processing fees. This only applies to step 3 of the H-1B process (see the H-1B overview for the summary of the process). When premium processing is requested, USCIS guarantees to take action on the case within 15 calendar days of receiving the petition. This means that USCIS will either approve the case, request more evidence, or deny the case. If USCIS fails to meet the 15-day guarantee, the fee will be refunded.
What do we need to do if the position is offered to someone employed in H-1B status with an employer other than K-State?
The H-1B visa is employer specific. Thus, you will have to obtain an H-1B for your applicant even though s/he may already be in H-1B status with another employer. These cases are considered "new" employment and will require the $500 anit-fraud fee.
Under the "portability" provisions of the law, the employee may begin work with K-State after the H-1B is filed with USCIS and the reciept notice is received by International Student and Scholar Services.
Can we apply for an H-1B for a part-time position?
An H-1B visa can be applied for a part-time position. The Department of Labor (DOL) regulations require employers to keep records of "hours worked each day and each week" for all part-time H-1B employees, regardless of whether or not the part-time employee is paid a fixed salary, and regardless of whether or not the employer currently keeps such hourly records for its other part-time salaried employees. It is the department's responsibility to document these hours and have them available if requested in a Department of Homeland Security (DHS) or DOL audit. A Part Time Certification form is required for the H-1B petition if the position is less than full-time.
What do we do if there is a change in the employment status or in the position?
Please consult with International Student and Scholar Services (ISSS) prior to any changes in the H-1B employment such as job title, job duties, salary, full time or part time, or location. An amended H-1B may be required under certain circumstances when a material change takes place. If an amended petition is required, it must be filed prior to the change in employment.
If an H-1B employee resigns or is dismissed, please inform ISSS immediately. ISSS will need to withdraw the underlying Labor Condition Application and the H-1B petition.
If your department dismisses or fails to renew the contract for the employee before the end of the authorized period of H-1B employment, your department will be responsible for paying the reasonable costs of return transportation of the employee to his or her last place of foreign residence. The exception is when the employee voluntarily resigns. When the employer fails to pay the required trip expenses, a complaint from the employee asserting noncompliance may be considered by USCIS in its adjudication of future petitions by K-State.