The H-1B is a specialty occupation visa category for hiring international faculty or staff whose position requires the minimum of a bachelor’s degree and who will perform work in a specialized skill area.

The H-1B category is suitable for most international researchers, visiting faculty and staff but is required for tenure track faculty, staff positions hired through human resources and typically any position with tenure at the university.

International Scholars on H-1B visas, otherwise referred to as H-1B beneficiaries, are eligible for a maximum of six years in this visa category and may be eligible for Legal Permanent Residency sponsored by Northwestern University, after two years of employment and with approval from their supervisor and the IO. 

The information on the following pages has been created specifically for NU Departments hiring individuals in the H-1B visa category. Information can be found regarding:

Types of H-1B
Department Information for Applying for an H-1B
Department Information for Changes in H-1B Beneficiary Status
Off-Campus Occasional Lectures

Types of H-1B

There are different types of H-1B petitions the department may file depending on the current status of the individual. Brief information can be found below regarding each. For comprehensive information regarding each type, please review the Types of H-1B Table.

H-1B Overseas

• For individuals currently outside the U.S. 
• USCIS Approval Notice needed before individual can start work.*
• No additional paperwork required for dependents. Dependent will use H-1B supporting documents to apply for H-4 visa.

H-1B COS (Change of Status)

• For individuals already in the U.S. in a different visa category.
• USCIS Approval Notice needed before individual can start work.*
• Dependents will file Form I-539**** to change his/her status.

H-1B COE (Change of Employer)

• For individuals who already hold an H-1B at another institution and will be transferring to NU.
• The beneficiary must have a valid Approval Notice at the other institution before NU will file the COE petition to USCIS. 
• USCIS Receipt Notice needed before individual can start work.**
• Dependents will file Form I-539**** to transfer his/her status to NU.

H-1B EOS (Extension)

• For individuals who already hold an H-1B at NU and would like to extend the end date of employment. 
• USCIS Receipt Notice needed before individual can start work.**
• Dependents will file Form I-539**** to extend his/her status.

H-1B Amend***

• For individuals who already hold an H-1B at NU and changing position, being promoted, etc. 
• USCIS Receipt Notice needed before individual can start work.**
• If this Amended H-1B application includes an extension, the dependent will file Form I-539**** to extend his/her status.

H-1B Concurrent

• For individuals who already hold an H-1B at another institution and will collaborate with NU for a salary/stipend.
• USCIS Receipt Notice needed before individual can start work.**
• Dependents should be maintained on the primary employer’s H-1B.

*In these cases (Overseas, Change of Status) - if the intended start-date approaches and the individual does not have an Approval Notice, the NU hiring department will have to suspend employment until the IO receives the approval notice. 

**In these cases (Extension, Change of Employer, Amended, Concurrent) - if the intended start-date approaches and the individual does not have an Approval Notice, portability provisions allow him/her to continue at NU based on the Receipt Notice.

***Prior to filing an Amended H-1B application, please complete the Department Transfer/Amended Position Inquiry as some changes may not require a re-filing of the H-1B.

****For assistance in filing Form I-539 please see IO Guidelines for Filing the I-539 for H-4 and E-3 dependents.

Department Information for Applying for an H-1B

Department applications for H-1B visas are processed through an online database called Immigration Tracker. This system will be accessed by three main points of contact: 

1. An advisor from the IO assigned to the case; 
2. the department/administrative contact handling the paperwork; and
3. the beneficiary themselves. 

Timeline information:
Please keep in mind that H-1B petitions can be started no earlier than six-months prior to the beneficiary’s employment start date. Internal processing at the IO (before sending to USCIS) regarding an H-1B application takes at three months due to the delays in processing Prevailing Wage Determinations. External processing (once petition is sent to USCIS) requires approximately three to four months. Please keep in mind IO and USCIS processing times are subject to change based on processing volume.

NOTE: Delays in Prevailing Wage Determination Process

Please note that as of January 1, 2010, the U.S. Department of Labor (DOL) recently instituted new filing procedures for prevailing wage determinations (PWD) and labor condition applications (LCA).  These two procedures are a significant part of the H-1B application International Office (IO) process with the PWD taking up to 60 days and the LCA process taking another 17-20 days.  

Due to these new procedures the IO now requires at least 3 months to process an H-1B application from the point of receiving a complete application from your department until we are able to mail the application to USCIS.  From that point, it will take USCIS approximately
3 weeks to issue a receipt notice and approximately 2-3 months for an approval notice, making the total H-1B processing time 5-6 months.

The H-1B application process and how it appears in Tracker is outlined below:

1. Submit Intake Form: The department contact should submit an Intake Form via Tracker. If you do not yet have login information for Tracker and would like access, please contact our office via intscholars@northwestern.edu
2. Intake Form Acceptance: The IO advisor accepts the Intake Form and the IO process begins. However, the five-week processing time begins once all supporting documentation has been received. From this point forward all activity regarding the H-1B application is tracked through the Tracker Portal. 
3. Process Opened: Once the H-1B process is opened, the IO Advisor will send the H-1B beneficiary his/her login information for the completion of the beneficiary questionnaire. 
4. Questionnaire Sent: Log-in and questionnaire information will be sent to the H-1B beneficiary. The IO advisor will continue to process the H-1B upon completion of the questionnaire.
5. Questionnaire Received: Completed questionnaire is received from beneficiary. 
6. Supporting Documentation Received: Supporting documents from the academic department (see the H-1B Department Checklist) and the beneficiary (see the H-1B Beneficiary Checklist) need to be collected by the department contact before submission to the IO. 
   1. Once supporting documents for the H-1B are received by the front desk at the IO, and the applicable IO processing fee(s) have been charged, an email will be sent to the department contact, beneficiary, and IO advisor, and email will be sent confirming receipt. 
7. Case Reviewed: Within two to three days of receipt, the IO advisor will review the supporting documentation, and the department contact will be notified if more information or documentation are needed. 
8. All Documents Received: Confirmation that all documents and information needed are with the IO advisor and the process will continue with the preparation of forms/support letters.
9. PWD Filed: Within two to three days of complete submission, the IO advisor will file a Prevailing Wage Determination (PWD) on behalf of the NU Department with the Department of Labor (DOL). 
10. PWD Received: Within 60 days, the IO advisor will receive the PWD from DOL.  Please refer to our INTSCHOLAR DEPARTMENT NEWS listserv messages for more details. 
11. LCA Sent: Next, the IO advisor will file the H-1B beneficiary’s Labor Condition Application (LCA) with the Department of Labor (DOL) and will wait for approval. 
12. LCA Approved: In one week, the IO advisor will receive the approved LCA back from the DOL.
13. LCA Sent to Dept: As soon as the LCA has been certified, it will be sent to the department contact. The LCA must be posted for 10 business days. After this posting period, please send the posted LCA’s and posting notice back to the IO. 
14. LCA Received from Dept: Once the LCA has been received from the department contact, the H-1B petition will be compiled by the IO advisor. 
15. Case Filed: Within one week of the LCA receipt from the department, the H-1B petition will be filed with the United States Citizenship and Immigration Services (USCIS).
    1. An email will be sent to the department contact, beneficiary, and the IO advisor confirming the petition has been sent to USCIS along with the FedEx tracking number. 
    2. (To this point approximately 3 months processing time within the IO has passed)
16. Receipt Notice Received: Within two to three weeks, the IO should receive a Receipt Notice from USCIS. An email will be sent to the beneficiary, department contact, and payroll confirming the receipt of the Receipt Notice.
17. Decision Received: Within three months, USCIS will send a decision regarding the case. An email will be sent to the beneficiary, department contact, and payroll confirming the decision.
18. Arrived at NU: Once the beneficiary has arrived at NU, he/she will check-in with the IO.
19. Process Closed: All work on the H-1B petition case has been completed and the Tracker process will be closed.

Department Information for Changes in H-1B beneficiary Status

If there are any changes in your H-1B beneficiaries’, such as obtaining permanent residency, employment with another institution, resignation, or termination, please submit an H-1B Beneficiary Departure Notice to the IO. Upon receipt of this notice, the IO will withdraw the respective H-1B petition within 30 days of the end date confirmed on the notice.

If your H-1B beneficiary’s position will change (e.g. promoted or transferred within NU), please fill out the Department Transfer or Amended Position Inquiry Request Form.

Off-Campus Occasional Lectures