H-1B Extension or Amendment
The procedures for making the following changes are provided on this webpage.- H-1B COE (Change of Employer) hold an H-1B at another institution but will be hired by Northwestern.
- H-1B EOS (Extension) hold an H-1B at Northwestern but will extend employment end-date (all other employment information remains the same)
- H-1B Amend hold an H-1B at Northwestern but need to change details such as site of activity, job title, job description, salary, or hours worked.
Although the steps and materials required may vary slightly, the basic procedure is the same:
- The H-1B applicant will submit required forms and documentation to the host department. The host department will complete its own required forms and submit the entire packet to the Office of International Student and Scholar Services.
- Both applicant and host department will be complete online forms on Law Logix.
- The OISS will handle Prevailing Wage Determination and Labor Condition Application requirements.
- The OISS will prepare the petition and submit it to USCIS
- After receiving USCIS Receipt Notice, the H-1B applicant may begin/continue work at Northwestern
Please be aware that it takes a minimum of 5 months for OISS to process an H-1B Change of Employer or Amendment application after receiving a completed request. H-1B Extensions require 4 week to process. While the Receipt Notice is required for work to continue/begin at Northwestern for COE/Extension/Amend cases, the Approval Notice is required for all international travel. Please communicate with your OISS advisor about any upcoming international travel plans.
Steps for Host Department
1. In addition to the packet of documents submitted by the applicant (listed on the Instructions for H-1B beneficiary page), the host department is responsible for the following items.
- H-1B Department Authorization Form
- Offer letter, including the H-1B's start/end dates, annual salary, and job title
- H-1B Itinerary Letter (See example)
- Official University position confirmation, which must cover dates of requested H-1B
- For faculty: faculty appointment letter;
- For staff positions: HR offer confirmation letter and HR job description;
- For research staff: research staff appointment;
- For postdoctoral fellowships: postdoctoral research appointment.
- Separate checks for $460 and $500 processing fees, made payable to The Department of Homeland Security (must be paid by the department) H-1B Check Request
- Optional: $2500 for USCIS Premium Processing that guarantees Receipt/Approval notices within 20 days. Check must be made to the Department of Homeland Security (payable by hiring department).
2. The OISS and department manage the Prevailing Wage Determination (PWD) and Labor Condition Application (LCA) requirements.
The following steps are required:
- The OISS obtains a PWD to ensure that the university's offered wage is adequate.
- The OISS files an LCA with the Department of Labor.
- The OISS emails the LCA notice to the host department, which posts it at a conspicuous place for 10 business days. See posting notice instructions.
- Within seven days of filing, the LCA is approved; the IO sends the certified LCA to the Department for signatures and return.
3. The OISS prepares H-1B petition for submission to USCIS.
- OISS reviews the paperwork and emails the Department and/or Beneficiary if any additional documents are necessary.
- OISS files the application with USCIS and provides the Department and/or Beneficiary with a UPS tracking number.
4. The Receipt and Approval Notices are sent after the following processing times.
- Within approximately two to three weeks, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the receipt of the Receipt Notice. The Receipt Notice is required for employment to begin at Northwestern.
- Within approximately twelve months, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the decision made by USCIS. The Approval Notice and supporting documents may then be retrieved form the OISS.
- If Beneficiary is outside of Evanston/Chicago area, the Department Contact is responsible for retrieving the Approval Notice and supporting documents from the OISS and shipping them to the Beneficiary. The Approval Notice is required for international travel.
Dependents and Form I-539
If this application includes an extension, the H-1B beneficiary will have to file the I-539 form to extend his/her dependents' status. This I-539 should be included in this H-1B extension filing. If there is no request to extend the beneficiary's end date, then an I-539 may not be necessary.
1. In addition to the packet of documents submitted by the applicant (listed on the Instructions for H-1B beneficiary page), the host department is responsible for the following items.
- H-1B Department Authorization Form
- Offer letter, including the H-1B's start/end dates, annual salary, and job title
- H-1B Itinerary Letter (See example)
- Official University position confirmation, which must cover dates of requested H-1B
- For faculty: faculty appointment letter;
- For staff positions: HR offer confirmation letter and HR job description;
- For research staff: research staff appointment;
- For postdoctoral fellowships: postdoctoral research appointment.
- $460 Processing fee check made payable to The Department of Homeland Security (must be paid by the department)
2. The IO and department manage the Prevailing Wage Determination (PWD) and Labor Condition Application (LCA) requirements.
The following steps are required:
- The OISS confirms that the job duties and requirements are consistent with the existing petition. The OISS determines the PW using the job code and level from the previous petition to ensure that the university's offered wage is adequate.
- The OISS files an LCA with the Department of Labor.
- The OISS emails the LCA notice to the host department, which posts it at a conspicuous place for 10 business days. See posting notice instructions.
- Within seven days of filing, the LCA is approved; the OISS sends the certified LCA to the Department for signatures and return.
3. The OISS prepares H-1B petition for submission to USCIS.
- OISS reviews the paperwork and emails the Department and/or Beneficiary if any additional documents are necessary.
- OISS files the application with USCIS and provides the Department and/or Beneficiary with a FedEx tracking number.
4. The Receipt and Approval Notices are sent after the following processing times.
- Within approximately two to three weeks, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the receipt of the Receipt Notice. The Receipt Notice is required for employment to begin at Northwestern.
- Within approximately twelve months, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the decision made by USCIS. The Approval Notice and supporting documents may then be retrieved form the OISS.
- If Beneficiary is outside of Evanston/Chicago area, the Department Contact is responsible for retrieving the Approval Notice and supporting documents from the OISS and shipping them to the Beneficiary. The Approval Notice is required for international travel.
Dependents and Form I-539
The H-1B beneficiary will have to file the I-539 form to extend his/her dependents' status. This I-539, including the following documents, should be included in this H-1B extension filing.
- Completed form I-539 and I-539A (if there is more than one dependent, each additional dependent needs to complete an I-539A)
- Copy of dependent(s) visa stamp page
- Copy of dependent(s) passport biographical page
- Copy of dependent(s) previous H-4 approval notice(s)
- Printout of dependent(s) I-94
- $370 fee check made payable to The Department of Homeland Security (payable by your or your department)
- Copy of marriage certificate for spouse and/or birth certificate(s) for children. Include both original and English translation.
If the only change will be an increase/decrease in salary, please contact the assigned OISS Advisor so that we can evaluate if an H-1B Amendment is necessary.
If the position will change (e.g. new job title, new job description, new site of activity, promotion, transfer to another NU department, different hours per week), the beneficiary is required to submit H-1B Amendment paperwork and receive a USCIS Receipt Notice before any change occurs.
1. In addition to the packet of documents submitted by the applicant (listed on the Instructions for H-1B beneficiary page), the host department is responsible for the following items.
- H-1B Department Authorization Form
- Offer letter, including the H-1B's start/end dates, annual salary, and job title
- H-1B Itinerary Letter (See example)
- Official University position confirmation, which must cover dates of requested H-1B
- For faculty: faculty appointment letter;
- For staff positions: HR offer confirmation letter and HR job description;
- For research staff: research staff appointment;
- For postdoctoral fellowships: postdoctoral research appointment.
- $460 Processing fee check made payable to The Department of Homeland Security (must be paid by the department)
2. The OISS and department manage the Prevailing Wage Determination (PWD) and Labor Condition Application (LCA) requirements.
The following steps are required:
- The OISS obtains a PWD to ensure that the university's offered wage is adequate.
- The OISS files an LCA with the Department of Labor.
- The OISS emails the LCA notice to the host department, which posts it at a conspicuous place for 10 business days. See posting notice instructions.
- Within seven days of filing, the LCA is approved; the OISS sends the certified LCA to the Department for signatures and return.
3. The OISS prepares H-1B petition for submission to USCIS.
- OISS reviews the paperwork and emails the Department and/or Beneficiary if any additional documents are necessary.
- OISS files the application with USCIS and provides the Department and/or Beneficiary with a FedEx tracking number.
4. The Receipt and Approval Notices are sent after the following processing times.
- Within approximately two to three weeks, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the receipt of the Receipt Notice. The Receipt Notice is required for employment to begin at Northwestern.
- Within approximately twelve months, OISS front desk emails Beneficiary, Department Contact, and Payroll confirming the decision made by USCIS. The Approval Notice and supporting documents may then be retrieved form the OISS.
- If Beneficiary is outside of Evanston/Chicago area, the Department Contact is responsible for retrieving the Approval Notice and supporting documents from the OISS and shipping them to the Beneficiary. The Approval Notice is required for international travel.
Processing Times
H-1B requests may be submitted up to 12 months before the start date but no earlier. Please keep in mind OISS and USCIS processing times are subject to change based on processing volume.
- Internal processing at the OISS (before sending to USCIS) for Change of Employer and Amended H-1B petitions require 5 months. Nothing can be done to expedite this processing time, which is needed to complete the Prevailing Wage Determination and Labor Condition Application requirements.
- Internal processing at the OISS (before sending to USCIS) for Extension of Status H-1B petitions requires 4 weeks.
- External processing (once petition is sent to USCIS) requires 3 weeks to issue a Receipt Notice and approximately 12 months (or more depending on USCIS delays) for an Approval Notice. Premium processing is used to expedite the receipt of the Approval Notice.
- If used, USCIS will issue a decision within 15 calendar days.