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.
• After travel, check your I-94 record online for accuracy (status and admit-until date upon arrival into the U.S.   Notify I3S Immediately if the record does not match your I-797.  Remaining in the U.S. beyond the I-94 expiration date may result in unlawful stay and immigration related complications.  

• 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. J-1 status holders must fulfill the requirement or receive a waiver before applying for any change of status in the United States. 
• The professor/research category or any category under the J program is not meant to be a bridge to an H-1B.  It is specifically designed to be a temporary exchange.
• I understand that if I am a J-1 Exchange Visitor at WMU, WMU will not be able to sponsor a change of status in the United States to an H-1B or labor visa status.

• 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.

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. 

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

1. Prevailing Wage Determination (DOL):  up to 6 months.

   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: 3–8 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

• It is your responsibility to follow all immigration and U.S. and state laws while in the United States.
• Keep your document 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. After travel, check your I-94 record online for accuracy (status and admit-until date upon arrival into the U.S.   Notify I3S Immediately if the I-94 record does not match your I-797.  Remaining in the U.S. beyond the I-94 expiration date may result in unlawful stay and immigration related complications.  
• 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.