H-1B Application, Timeline, and Filing Fees
International Services is responsible for processing H-1B applications for Clemson University's international faculty, scholars, and staff.
All requests for H-1B sponsorship should be initiated by the hiring department. If you are a hiring department interested in employing a non-U.S. citizen for H-1B employment authorization, or a current/new employee interested in obtaining an H-1B visa, International Services will guide you through the process. Our office is here to provide knowledgeable guidance and support to hiring departments and new or current Clemson employees. Please contact International Services with any questions on the H-1B visa or sponsorship process.
H-1B Application Requirements
The H-1B Application Packet consists of the forms below, including all required supporting documents and the USCIS filing fees.
The Hiring Department must submit the following supporting documents:
- Completed Hiring Department and Employee H-1B Request Form, the Actual Wage Determination Form, and the Export Control Form.
- Copy of the official job offer letter issued by Clemson University's Office of Human Resources.
- Hiring Department Support Letter for candidate containing a detailed description of the position and why the candidate is the most qualified for the position.
- For extensions or amendments, if there are changes to the original offer letter or department support letter, provide addendums to include new details of employment.
- All letters should be on official University letterhead and signed by the proper hiring authorities and
- Official Clemson University position description or job posting.
- Completed Export Control Questionnaire.
- FedEx Account Number for mailing of H-1B application.
The Prospective Employee must submit the following:
- Completed Hiring Department and Employee H-1B Request Form.
- Word document listing all previous and pending U.S. immigration status’ with corresponding dates and locations.
- Most Recent I-94 Arrival-Departure Record.
- Photocopy of the biographical page and most recent entry stamp within a valid passport.
- If applicable, also provide photocopies of the following:
- All previous H-1B/H-4 I-797A approval notices, receipt notices, and H-1B/H4 visa stamps.
- If employed in the U.S., provide pay statements for the last three months of employment. If in a dependent status, provide pay statements for the last three months of employment for the primary visa holder as well.
- All previous DS-2019s, J1/J1 visa stamps, and I-612 showing an approved waiver of 212(e).
- All previous I-20s, F-1 visas, front and back of all OPT and STEM OPT EAD documents.
- I-797A Approval Notice of I-140.
- If applying for an H-1B Extension or Transfer, the following items are not necessary:
- All previous I-20s, F-1 visas, front and back of all OPT and STEM OPT EAD documents.
- Most up-to-date CV or resume.
- Photocopy of degree relevant to the position at Clemson and highest degree obtained.
- Official transcripts from degree relevant to the position at Clemson and highest degree obtained.
- Official foreign credential evaluation if the relevant/highest degree was earned outside of the U.S.
Duration of H-1B Status
H-1B status can be awarded for a total of up to six years in increments of no more than three years at a time. Extensions past the sixth year are possible but only if the employee has a pending and backlogged green card application. USCIS will consider requests to recapture time spent outside the U.S., while in H-1B status, as long as the absences from the U.S. can be well documented. Once someone has exhausted their time in H-1B status and no extensions based on an underlying green card application are possible, the beneficiary must reside abroad for a full year in order to become eligible for a new six-year period of H-1B status. More information on H-1B time limits can be found here.
H-1B Sponsorship Timeframe
The timeframe for H-1B sponsorship can vary greatly depending on the individual’s current immigration status and physical location. Someone who holds H-1B status with one U.S. employer may be able to transfer their H-1B status to Clemson University in as few as 1-2 months. However, if an individual, in the U.S., holds a different immigration status or lives outside the U.S. and must apply for an H-1B visa stamp abroad, the process can take must longer, maybe as long as 6-12 months.
International Services will work with hiring departments prior to posting jobs or interviewing candidates to best prepare them for the steps involved in H-1B sponsorship.
Estimated Processing Timeline for H-1B Application |
Responsible Party | Steps in Process | Processing Time |
Hiring Department & Prospective Employee |
Provide complete application forms and all additional documents to International Services for review. The checks for the USCIS filing fees are not required when submitting the application to International Services. The checks are needed prior to mailing the application to USCIS. |
International Services can more quickly and thoroughly review items needed for an H-1B application if we receive one complete packet from the hiring department. Please contact International Services if there are any questions on what is needed to file an H-1B application. |
International Services | Initial Review - includes determining wage rate and filing the Labor Condition Application (LCA) with the DOL. | During busier times, up to 10 business days from receipt of a complete H-1B packet. |
U.S. Department of Labor (DOL) | Review and certify the LCA. | DOL reserves 7 business days to certify the LCA. |
International Services | Preparation of H-1B application and submission to USCIS. |
International Services prioritizes all H-1B applications. During certain times of the year, we reserve the right to take up to one month to submit the H-1B application to USCIS. |
USCIS |
USCIS will review both the position and the employee's eligibility for H-1B visa status. USCIS will issue an I-797C Receipt Notice upon receipt of the H-1B application. USCIS will then issue an I-797A/B Approval Notice, RFE to request additional evidence or a denial. |
The current processing time for applications filed without premium processing is five months. Updates on processing times can be found here. If an application is filed using Premium Processing, USCIS will respond to the application within 15 calendar days of USCIS' receipt of the H-1B application. |
Total Processing Time |
Below are the current estimated processing times for H-1B applications: Initial Application - 7-7.5 months if filed without using premium processing. Initial Application - 2-3 months if filed with premium processing. Any Requests for Evidence (RFE) issued by USCIS will require additional response time. The timelines above are the same for H-1B amendment or extension applications. However, employees extending their H-1B can continue to work for 240-days beyond the end date of their current H-1B. |
USCIS Filing Fees for H-1B Application
Below are the current filing fees for an H-1B application:
H-1B Initial Application (First H-1B Petition with Clemson University):
- $460 Petition for Nonimmigrant Worker Fee
- $500 Fraud Prevention and Detection Fee
- $2,500* Premium Processing Fee (optional)
H-1B Extension or Amendment Application (Continuation of H-1B employment with Clemson University):
- $460 Petition for Nonimmigrant Worker Fee
- $2,500* Premium Processing Fee (optional)
*Hiring departments can request an H-1B application be expedited by USCIS by requesting premium processing. The service costs $2,500 but it ensures USCIS will respond to the H-1B application within 15-calendar days of their receipt of the application.
**All fees are subject to change without notice by USCIS.
Hiring Departments and Check Requests
Hiring departments must request separate checks for each of the required filing fees above. Please note: the checks should be delivered to International Services to be included with the H-1B application when it is mailed to USCIS. If the checks are mailed separately, it could cause significant delays in processing the H-1B application.
The checks must be made payable to the Department of Homeland Security and be addressed to:
U.S. Citizenship & Immigrant Services
California Service Center
ATTN: CAP EXEMPT H-1B Processing
Unit 24000 Avila Road, Room 2312
Laguna Niguel, CA 92677