The H-1B Temporary Worker nonimmigrant classification may be granted to a foreign national to work in the U.S. on a temporary basis in a specialty occupation, which is defined as a position that requires:

1. Theoretical and practical application of highly specialized knowledge in a field such as architecture, engineering, mathematics, physical sciences or social sciences, medicine and health, education, business specialties, accounting, law, theology, or the arts.
2. A minimum of a bachelor's degree or higher in the specific field of specialization

Key Points

• H-1B status may be granted by USCIS for up to three years at a time, depending on the length of employment authorization requested by the department. H-1B applications should not be requested for a period longer than can be guaranteed by funding availability.
• The employee's maximum time permitted in H-1B status is six years, reduced by any prior periods of stay in any H or L classification (excluding H-4).
• Previous periods in H or L status are not counted toward the six-year maximum if the individual was outside of the U.S. for at least 12 months following the time spent in H or L status.
• H-1B status is approved for a specific job, employer and location.
• Any changes require prior consultation with I3S and, in some cases, a prior approval by USCIS.
• Position wages must meet WMU actual wage and U.S. Department of Labor prevailing wage regulations.
• H-1B employees cannot receive honoraria, or any other funding, for services outside of WMU.
• You must maintain your current status until your H-1B is approved at WMU.
• H-1B Approval Notice for WMU is required to work under H-1B status at WMU.

Timeline

It is recommended that you begin the H-1B request process at least 6-7 months before the employee's anticipated start date.  A complete H-1B sponsorship request packet must be submitted to I3S to begin the process.

Required Documents

I3S will soon be transitioning to a new faculty hiring software called Terra Dotta. In the mean time, please contact Tara Severino, Associate Director of Immigration Services, at @email to obtain these documents to begin:

• H-1B Temporary Application Checklist (this will guide the process)
• H-1B Actual Wage Worksheet
• H-1B Request Form—Part A (to be completed by the hiring department)
• H-1B Request Form—Part B (to be completed by foreign national)
• H-1B Sample Position Description

You may begin the Export Controls process while collecting the necessary above documents.  Export Controls clearance will be required to be submitted, as well.

General Process

After receipt of a complete H-1B Sponsorship Request Application to I3S, we will begin the process with an approved outside attorney for government processing. All H-1B applications, including amendments, extensions and concurrent employments require three steps (with noted estimated processing time).

1. Prevailing Wage Determination:  1-7 months

   The Prevailing Wage Determination process ensures that the wage offered for a position meets applicable U.S. Department of Labor requirements based on the job duties, location, and required qualifications. For H-1B petitions, employers must pay the required wage, defined as the higher of the prevailing wage or the actual wage paid to similarly employed workers.

   The U.S. Department of Labor issues prevailing wage determinations for positions through its official system.

   For union positions, collective bargaining agreements may substitute Step 1.

   Outside counsel retained by I3S may be able to quickly evaluate wage compliance using U.S. Department of Labor data, which may help expedite preparation of the prevailing wage filing and related processing.

2. Labor Condition Application: 7 business days 

   The U.S. Department of Labor must certify a Labor Condition Application(LCA) submitted by I3S. On the LCA, WMU abide by the terms and conditions of employment and agrees to the labor conditions listed on the LCA. 

   On or before the day of filing, I3S will provide the department with an LCA Internal Notice that is required to be posted at least 2 or more conspicuous places within the employee's working location and on the WMU Human Resources website.  The notices must remain posted with the department for 10 business days. Once the 10 business days are reached, the two posted notices must be promptly signed and returned to I3S.

3. USCIS Petition Review: 4-7 months, or 15 business days with premium processing.

   USCIS reviews and adjudicates the H-1B petition (Form I-129). Premium processing is available for an additional fee and provides a response (approval, denial, or request for evidence) within 15 business days.

Total estimated processing time: 3–8 months, depending on if premium processing it utilized.

 Notes:

• The employee cannot sign the official H-1B petition as WMU is the petitioner and the employee is the beneficiary.
• H-1B employee will be responsible for H-4 processing and associated costs.
• The department is required to pay all costs associated for the H-1B petition including filing fees, I3S fees, and attorney fees.
• I3S will determine which outside counsel is used for the H-1B petition.
• I3S will work in collaboration with the attorney and the department throughout all processes.

I3S, in collaboration with outside council, ensures compliance with federal regulations and coordinates all steps in the H-1B process.  If you are in the final stages of hiring and your candidate is a foreign national, please reach out to I3S promptly to discuss your next steps.

I3S Responsibilities Overview

• USCIS and Department of Labor (DOL) regulations.
• Required forms and documentation.
• University procedures for H-1B processing.
• Assign request to an appropriate attorney for processing.

Call I3S at (269) 387-5865 to schedule a consultation.

I3S ensures compliance with federal regulations and coordinates all steps in the H‑1B process including:

• Confirming receipt of the H‑1B sponsorship request with the hiring department via email.
• Collaborate with outside counsel for actual wage compliance (via the department‑completed Actual Wage Worksheet) and when the position is not covered by a union contract, a Prevailing Wage Determination will be submitted to Department of Labor.

• Confirming DOL wage standards are met before petition filing.

  Please note that prevailing wages by the Department of Labor are changed yearly in July. Therefore it may be necessary to increase the H-1B worker’s wage at the time of an extension.

• Coordinating with outside counsel to prepare and submit the USCIS petition (Form I‑129) and confirm the petition was sent to USCIS by an express service.
• Inform employees and departments on status updates of the petition.
• Receiving and distributing USCIS approval notices (I‑797) to the department and employees. (H-4 approval notices for dependents will be sent directly to the address listed on Form I-539 completed by dependents).
• Conduct an immigration orientation upon receipt of approval notice.
• Inform employees and departments on immigration updates and reminders.
• Conduct H-1B Training Webinars, upon request.

Faculty positions: Contact I3S early to discuss possible permanent residency sponsorship. Strict timelines apply. 

I3S is a resource for your office and is here to help. We are happy to present to your department regarding faculty hiring, schedule individual meetings, or answer any questions along the way. 

WMU departments must secure Export Control Committee clearance through the Office of Research and Innovation to submit with their H-1B Sponsorship Request packet to I3S.

They will have their own set of forms to complete. Please contact the export controls office to begin.   Include their clearance email with the packet submitted to I3S.

• Email: @email
• Phone: (269) 387‑8293
• Learn more: Office of Research and Innovation – Export Control

Departments must cover all form, application, and attorney fees associated with H‑1B sponsorship.

• I-129 filing fee: $460
• Anti-fraud fee: $500 for all initial H-1B cases (not needed for extensions)
• Optional Premium Processing Fee: $2965
• Attorney Fees: approximately $2500
• I3S Visa Service Fee: $1000

Estimated total costs (without premium processing) is approximately $5000. 

Note:

On September 19, 2025, a Presidential Proclamation (Restriction on Entry of Certain Nonimmigrant Workers) imposed:

• A $100,000 payment for H‑1B petitions filed for individuals outside the U.S.
• No payment required for those already in the U.S. changing to H‑1B status (e.g., F‑1 OPT). 

In June 2026, a federal court struck down the $100,000 fee as unlawful, ruling that the executive branch did not have authority to impose it without Congress.   It is currently in litigation and subject to appeal.    

If you have an H-1B candidate who is outside of the country, please contact I3S to discuss your options. 

• Premium processing (15 business days) allows WMU the opportunity to obtain faster USCIS processing of an H-1B petition, when needed.
• The premium processing fee is in addition to standard filing and attorney fees.
• Current premium processing fee is $2965.
• This service only speeds up USCIS processing, not U.S. Department of Labor steps.
• The 15‑day response time means USCIS will respond within that period with either an approval, denial, or request for evidence notice.
• Contact I3S at (269) 387‑5865 for details.

• If your department dismissed the employee before the end of the authorized period of H-1B employment, your department will be responsible for paying reasonable transportation costs for the employee to return to their place of foreign residence. This requirement applies only to the employee and does not extend to spouses or children.
• If the employee voluntary terminates employment, the department is not responsible for return transportation.
• Important: notify I3S immediately if the H‑1B employee has been dismissed.

• OPT employment may provide a pathway to H-1B sponsorship if the position and employer meet federal requirements.
• H-1B petitions are employer-sponsored, so the hiring department must initiate and support the request.
• Timing is important, since H-1B petitions from OPT have strict guidelines and  processing timelines.  Please plan at least 6 months before OPT expires to file for H-1B.
• If an H-1B petition is not filed before OPT ends, the employee must depart the United States and cannot pursue H-1B through change of status options. 
• If an H-1B petition is filed before OPT ends but is not approved before OPT expires, the employee must go on unpaid leave from WMU until H-1B approval is received.
• Important: WMU does not participate in E-Verify; therefore, students on OPT at WMU are not eligible for the STEM OPT extension and are limited to 12 months of OPT authorization.

H-1B portability allows an individual already in H-1B status to begin working for a new employer after the new employer files a nonfrivolous H-1B petition with U.S. Citizenship and Immigration Services (USCIS), rather than waiting for the petition to be approved.

• H-1B Portability, in most cases, is similar in paperwork requirements as an initial H-1B. An H-1B petition will require a new prevailing wage and new labor condition application and new supporting documents.
• A current H‑1B status holder may begin work at WMU only once USCIS receives WMU’s new H‑1B petition (based on the receipt notice).
• If the petition is denied, employment must stop immediately.
• Departments should contact I3S at least three months in advance when hiring an H‑1B employed at another institution. 

• If changing employers and needing to travel; you'll need:
  • Original I-797 Receipt Notice for WMU's portability petition.
  • Proof of WMU employment (recent pay stubs or supervisor letter).
  • Photocopy of prior I-94 and WMU's H-1B portability petition/LCA.
  • Delay travel until USCIS approves WMU's portability petition.

Separate petitions are required for dependents to maintain or change their status to H-4. The employee is responsible for costs associated with the H-4 petition. 

• Eligible dependents: only spouses and children under 21.
• H-4 Dependents may not work under any circumstances.
• Always contact I3S before dependents travel abroad or reenter the U.S.

Visa Entry and Travel

An appropriate entry visa is needed when a foreign national (except Canadian citizens) enters or reenters the U.S. The H-1B approval notice (I-797) is not a travel visa and cannot be used in place of one.

H-1B workers must consult I3S before any international travel (employee or family) to ensure compliance with current regulations.

Key Entry Rules

• Individuals outside the U.S. must apply for an H-1B visa at a U.S. consulate before entry.
• USCIS approval of H-1B status does not guarantee visa issuance by a consulate.
• Entry to the U.S. is allowed up to 10 days before the H-1B employment start date.

Travel Within the U.S.

• Carry your passport, I-94, I-797 Approval Notice, and Bronco Card—especially outside Kalamazoo.

Travel to Canada or Mexico (30 Days or Less)

H-1B workers with expired visas may return using automatic visa revalidation.
Required documents:

• Passport valid for more than six months from return date.
• Valid I-94 arrival/departure record.
• Original I-797 Approval Notice.
• Cannot be from a citizens of Cuba, Iran, North Korea, Sudan, or Syria

Contact I3S to discuss eligibility for Automatic Visa Revalidation prior to travel as not everyone is eligible.

H-1B Portability Travel

If changing employers:

• Original I-797 Receipt Notice for WMU's portability petition.
• Proof of WMU employment (recent pay stubs or supervisor letter).
• Photocopy of prior I-94 and WMU's H-1B portability petition/LCA.
• Delay travel until USCIS approves WMU's portability petition.

H-1B Extensions

For extensions of the same position filed before the previous H-1B expires:

• Employment may continue up to 240 days while pending.
• Do not leave the U.S. during this 240-day period.
• If emergency travel is required, contact I3S to discuss options.

Travel Abroad (More Than 30 Days)

A valid H-1B visa is required for re-entry. Plan for extended processing, interviews, and possible security clearances.

After Travel

• Check your I-94 record online for accuracy (status and admit-until date).
• Notify I3S immediately if the I-94 does not match your I-797.
• Remaining in the U.S. beyond the I-94 expiration date may result in unlawful stay and immigration complications.

Contact

Email I3S at @email.

• Persons who are or have been in J-1 or J-2 status and are subject to the two-year home-country physical presence requirement are not eligible for an H-1B visa, or change of status in the U.S. J-1 status holders must fulfill the requirement or receive a waiver before applying for any change of status in the United States. 
• The J-1 Exchange Visitor Program, including the professor and research scholar categories, is intended for temporary educational and cultural exchange and is not designed as a pathway to H-1B employment.
• WMU will not be able to sponsor a change of status in the United States to an H-1B or labor visa status from the J-1 visa category.  However, consular processing abroad may still be an option.

H-1B Extensions: 

• H-1Bs can be sponsored for up to 3 years at a time for a total of 6 years (with certain exceptions). The earliest you can apply for an H-1B extension is 6 months before expiration.
• An H-1B extension, in most cases, is similar in paperwork requirements as an initial H-1B. An H-1B extension petition will require a new prevailing wage and new labor condition application and new supporting documents. If the initial length of the H-1B was for less than 3 years, there are some exceptions where a new prevailing wage is not required.
• Current H-1Bs may remain in the US and employed for 240 days, while waiting for a timely filed H-1B extension approval from USCIS if timely filed in advance.  
• Traveling during this time may impact the extension. Contact I3S prior to travel.
• Please contact I3S if your department wishes to extend your H-1B sponsorship.

Permanent Residency (Green Card)

• H-1B is a dual intent visa, meaning it allows a foreign national to work in the U.S. temporarily while also pursuing permanent residency. This permits the green card process to begin without affecting H-1B status, including travel and re-entry while petitions are pending.
• For H-1B to permanent residency transitions, contact I3S as early as possible to avoid delays in the PERM process. Strict deadlines can apply.

• It is your responsibility to follow all immigration and U.S. and state laws while in the United States.
• Maintain valid H-1B status by working only in the approved position, department, and work location listed in the H-1B petition.
• Notify I3S immediately of any changes in employment, including job duties, work location, title, hours, or termination.
• Do not begin any new employment or additional work outside of WMU without prior authorization.
• Work only during the authorized H-1B validity period and stop employment if status expires or is no longer valid.
• Any changes to your employment needs to be immediately noted to I3S.  
• Reach out to I3S at any time with any questions. We are a resource to you and here to help guide your time at WMU. Reference your I3S handbook often.
• If your department is interested in sponsoring for a permanent residency, please contact I3S immediately. Strict timelines apply. 

• Keep your documents updated and accessible. Accurate I-94, passport valid for at least 6 months into the future at all times, and valid paystubs, if needed.  
• I-797 Approval Notice is your only official copy. If you lose or misplace your approval notice, it will be your responsibility to pay for a replacement from USCIS. An I-797 Approval Notice is not an H-1B visa. If you travel without a H-1B visa, you will need to obtain a visa before return.

• Notify I3S prior to any travel.
• Your I-797 Approval Notice is not an H-1B visa.  If you depart with only an approval notice, you must apply for an H-1B visa at a U.S. consulate before reentry.
• After travel, check your I-94 record online for accuracy (status and admit-until date) upon arrival into the U.S.
• Important: Notify I3S Immediately if the I-94 record admit-until date does not match your I-797 or visa. Remaining in the U.S. beyond the I-94 expiration date may result in unlawful stay and immigration related complications.  

We are happy to have your family here.  Here is some key reminders regarding your dependents. 

• Eligible dependents include one legal spouse and your unmarried children under the age of 21
• H-4 dependents may not work under any circumstances.
• H-4 children can attend K-12 schools
• H-4 spouses and children under 21 may attend college or university full or part-time. To enroll at WMU, please contact I3S at (269) 387-5865 to get started.
• H-4 dependents must maintain valid immigration documents and comply with all U.S. immigration regulations.
• Please contact I3S before any dependent travels internationally or reenters the United States.

WMU and the Kalamazoo community are excited to have you here!

You may find these local resources helpful as you settle into the area:

Social Security Number - Apply for a Social Security number (if eligible) 

Secretary of State - Obtain a Michigan driver's license or state I-D

WMU Events - Explore campus events and activities

Discover Kalamazoo - Find local attractions, dining, and community events

Kalamazoo Family Fun - KzooKids - Discover family-friendly activities and events in the Kalamazoo area

• H-1Bs can be sponsored for up to 3 years at a time for a total of 6 years. The earliest you can apply for an H-1B extension is 6 months before expiration. Please contact I3S if your department wishes to extend your H-1B sponsorship.
• If the department is interested in sponsoring a current H-1B for permanent residency, please contact I3S immediately. Strict deadlines apply.

EMERGENCY SITUATIONS

• For medical, fire, or police emergencies; Dial 911
• All on-campus 911 calls will go to Kalamazoo County Dispatch, and be conveyed to WMU public safety officers.
• Calls from campus “blue light” emergency call boxes will go directly to the dispatch center and be conveyed to WMU public safety officers.

HOSPITALS & HEALTH CENTERS

• Beacon Kalamazoo Hospital: 1521 Gull Road, Kalamazoo (269-226-7000)
• Bronson Hospital (Downtown Kalamazoo): 601 John Street, Kalamazoo (269-341-7654)
• Bronson QuickCare (for minor needs) Various locations around Kalamazoo
• Bronson QuickCarePlus (for urgent but non-emergency needs) Various locations around Kalamazoo Bronson QuickCare Information
• Sindecuse Health Center (WMU Campus): 700 Central Campus Dr, Kalamazoo (269-387-3287)

INSURANCE

H-1B employees should understand their health insurance, know where to access routine and urgent care, stay aware of safety conditions, and keep essential health and emergency information readily available. You can call the health center to determine if they accept your insurance. For more information can be found on the I3S insurance website.