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 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.
• Positions must be paid or salaried and must meet WMU actual wage and U.S. Department of Labor prevailing wage regulations as guaranteed by a certified Labor Condition Application.
• H-1B employees cannot receive honoraria for services.

• 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, nor may it be used in place of one.
• Individuals outside the U.S. must apply for the visa at a U.S. consulate before entry.
• Having approval of H-1B status from USCIS does not guarantee issuance of an H-1B visa (travel document) by a U.S. consulate.
• Entry to the U.S. is allowed up to 10 days before the H‑1B employment start date.
• For H-1B extensions (of the same position) filed to USCIS prior to the end of the previous H-1B period, employment may continue up to 240 days. during this time, the scholar should not leave the U.S.
• Consult I3S before all travel (employee or family) to ensure compliance with current regulations.

• 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.

• 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.
• They must fulfill the requirement or receive a waiver before applying.

• As of September 19, 2025, a Presidential Proclamation (Restriction on Entry of Certain Nonimmigrant Workers) imposes:
  • 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).
• Departments must cover all form, application, and attorney fees associated with H‑1B sponsorship.

Before preparing an H‑1B petition, WMU departments must secure Export Control Committee clearance through the Office of Research and Innovation.

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

• Premium processing (15 calendar days) allows businesses and organizations the opportunity to obtain faster processing of an H-1B petition to meet their needs for an international employee.
• This service only speeds up USCIS processing, not U.S. Department of Labor steps.
• The premium processing fee is in addition to standard filing and attorney fees.
• A 15‑day response time means USCIS will act within that period—it does not guarantee approval and additional information may still be requested.
• Contact I3S at (269) 387‑5865 for details.

• A current H‑1B status holder may begin work at WMU 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 transfer.

• If a foreign national is dismissed from employment before the authorized H-1B period for any reason, the WMU department must pay reasonable return transportation costs to the employee’s last place of residence abroad.
• Notify I3S immediately if the H‑1B employee has been dismissed.

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

• Confirming receipt of the H‑1B request with the hiring department via email.
• Determining actual wage compliance (via the department‑completed Actual Wage Worksheet).
• Submitting, (when the position is not covered by a union contract), a Prevailing Wage Determination to DOL (6–8 weeks for approval).

• Confirming DOL wage standards are met before petition filing.

  Please note that prevailing wages by the Department of Labor are typically variable periods of 90 days to one year only, thus 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).
• Sending the petition to USCIS by an express service.
• Receiving and distributing USCIS approval notices (I‑797) to the department and dependents. (H-4 approval notices for dependents will be sent directly to the address listed on Form I-539 completed by dependents).

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

All H-1B applications, including amendments, extensions and concurrent employments require three steps:

1. Prevailing Wage Determination (DOL): 6–8 weeks. 

   The U.S. Department of Labor must certify the prevailing wage in the field for the type of position

2. Labor Condition Application (DOL): About 7 days (longer if DOL requests more info). 

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

3. USCIS Petition Review: 3 months, or 15 days with premium processing.

   The USCIS Regional Service Center in California must approve the H-1B petition (I-129).

Total estimated processing time: 3–6 months.

 Notes:

• For union positions, collective bargaining agreements may substitute Step 1.
• H‑1B workers must be paid at or above the higher of the DOL prevailing wage or WMU’s actual wage.
• Because WMU is the official employer/petitioner, I3S signs all forms for DOL and USCIS.
• The employee does not sign the H‑1B forms or use a separate attorney for petition work.

Visit the Forms page for the following forms.

• H-1B Temporary Application Checklist (start here)
• Certification Regarding Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.
• 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