WHEN SHOULD I APPLY?
You should notify OGE as soon as the candidate has accepted the position. H-1B petitions can be filed with USCIS up to six months in advance to the employment start date (new) or current H-1B end date (renewal), but no later than a month and a half in advance. Please keep in mind that it will take you and your department sometime to collect and prepare all of the documentation for the petition, for OGE to obtain the on-campus signatures, and for the attorneys to review the documents. We recommend that all of the preparatory processes be completed 2-3 months prior to start date. This is particularly important during peak processing seasons (March-July).
Please see our overview of the process and document checklist here.
CAN THE PROCESS BE EXPEDITED?
USCIS does provide expedited processing for an additional fee. This premium processing only apply to the final USCIS review and approval, it does NOT expedite campus, attorney or Department of Labor processes.
WHO IS RESPONSIBLE FOR WHAT?
OGE facilitates the H-1B petition process reviewing and advising on timing issues, visa issues or missing information. While we help inform both H-1B beneficiaries and their hiring department regarding the H-1B process, our role is strictly administrative:
- Collecting documents from employee and hiring department
- Obtaining approval signatures from the Provost and Export Control Officer
- Submitting paperwork to attorneys
- Responding to attorneys as required during process
The hiring department is responsible for providing the following materials to OGE:
- Completed CU H-1B Form
- Filing payment
- Copy of CU job offer letter
- Actual Wage Worksheet (completed by HR contact)
- Export Control Certification Request (OGE will obtain Export Control Officer’s signature)
- Copy of printed ,published advertisement for job
- Department’s 23-digit account number (will be charged for express mailing)
The beneficiary (employee) is responsible for providing the following materials to OGE:
- Complete copy of passport (including empty pages)
- Copy of most recent I-94 and visa stamp (front and back)
- Copies of all documentation of previous and current immigration status, including but not limited to: All I-797 approval notices, I-20 forms, DS-2019 forms, EAD cards and I-612 waivers
- Copy of transcripts and/or diploma for highest relevant degree; credential evaluation if degree was earned outside of the U.S.A.
- CV, include name and address of all employers, periods of employment, job titles and detailed job description
- If currently on dependent status, copy of principal’s passport, I-94, I-797, pay stubs, etc.
- Portability-Transferring to CU from another employer: 3 recent pay stubs and/or employment confirmation letter
- If beneficiary is subject to the Two-Year Home country Physical Presence requirement, please submit a copy of USCIS Waiver approval notice or Department of State’s waiver recommendation letter
The attorney is responsible for reviewing all documentation and submitting petition to the USCIS. They are responsible for notifying the student and the OGE when receipts are received and when next steps are ready to be taken.
Human Resources is responsible for work authorization, payroll and taxation compliance.
WHEN CAN I START WORK?
If you have never been on H-1B status, you cannot start work until the petition has been completely approved. You must have received the approval of valid H-1B status, submitted it to HR and completed the I-9 form for payroll purposes.
If you are renewing an existing H-1B, you can begin work as soon as you have received the receipt of your H-1B petition from the USCIS.
If you are coming to Clemson after holding an H-1B with a previous employer, you can begin work as soon as you have received the receipt of your H-1B petition from the USCIS.