H-1B for Department

Sponsoring an Employee for H-1B

The H-1B sponsorship process is coordinated by CIE, but the hiring unit has central responsibilities with respect to establishing and documenting the employment conditions. The employee also plays a key role with respect to the documentation of her or his academic and employment qualifications, as well as identity and U.S. visa history.

Employer Responsibilities

As a hiring unit, if you are sponsoring a foreign national employee for H-1B status, you will make specific guarantees to the U.S. government and have a variety of responsibilities both prior to and throughout the time that the foreign national is employed at UWM under the conditions of the H-1B visa.

You will be responsible to:

• plan a minimum of 6-8 months time for the H-1B process
• discuss any new hires who will require H-1B sponsorship as soon as possible with CIE
• work with CIE to determine the prevailing and actual wage
• work with CIE to receive a Labor Condition Application from the U.S. Department of Labor
• coordinate sponsorship and employee materials to support the USCIS form I-129/Petition for a Nonimmigrant Worker, which will be filed by CIE

After Employment Begins

• report any changes to position title, duties, salary, duration, or location of work activity/job site to CIE to determine if an amended petition will need to be filed
• make request to CIE for any necessary H-1B extensions at least 6 months prior to the expiration of current H-1B authorization

Upon Termination of Employment

Employment terminations during a period of H-1B require specific actions on the part of the sponsoring employer. The Labor Condition must be withdrawn with Department of Labor and the H-1B must be withdrawn with the United States Citizenship and Immigration Services (USCIS). Both withdrawals are performed by CIE upon notification of an employment termination made by the academic unit. Note: the academic unit will be responsible for the home country return travel of an employee whose employment is terminated during the period of H-1B authorization.

Hiring Unit Guarantees to the U.S. Government

• Wages: Pay the required wage rate: Determine employer’s actual wage rate, determine area’s prevailing wage rate, pay the higher of the two. Document the wage determinations. No “benching” allowed. Offer H-1B employees benefits on the same basis as offered to U.S. workers.
• Working conditions: Offer the same working conditions to the H-1B employee as offered to all other similarly employed workers
• Strike/Lockout/Work Stoppage condition: Attest that there is no strike or lockout or work stoppage in the named H-1B occupation at the place of employment.
• Notice: Give notice that the LCA is being filed by posting notice on work premises. Document that notice was given.
• Return Travel: Pay the cost of return travel to home country for employee if employer-initiated termination of H-1B employment occurs prior to end of period covered by the Labor Condition Application