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Immigration Services

H-1B Visa Sponsorship

Clemson University supports the employment of top international talent through the H-1B nonimmigrant visa, which enables qualified faculty and researchers to work in specialty occupations requiring a high level of expertise.

The H-1B visa is designated for roles that require the theoretical and practical application of highly specialized knowledge and a bachelor’s degree or higher (or equivalent) in a related field. Clemson University works with hiring departments and eligible employees to facilitate this process. Our office is here to provide knowledgeable guidance and support to hiring departments and new or current Clemson employees. Please contact Immigration Services with any questions on the H-1B visa or sponsorship process.

H-1B Eligibility

To qualify for H-1B sponsorship, both the position and the employee must meet specific criteria.

Position Criteria

  • Minimum requirement of a bachelor’s degree.
  • Job duties must be complex or unique, requiring specialized knowledge.
  • Employer requires a relevant degree for the role.
  • May be full-time or part-time (with hours tracking required for salaried part-time roles).

Employee Criteria

  • Must hold a U.S. or equivalent foreign bachelor’s or higher degree in the specialty.
  • May qualify through equivalent education, experience, or recognition in the field.

Wage Requirements

USCIS requires that the employee be paid the higher of the following:

  • Actual Wage: Paid to others in similar roles at Clemson.
  • Prevailing Wage: Established by the U.S. Department of Labor based on occupation and location.

Time Limits and Extensions

H-1B status is typically granted in up to 3-year increments, for a maximum of 6 years. Extensions beyond 6 years may be possible if:

  • Time spent outside the U.S. can be “recaptured.”
  • A permanent residency (green card) process is underway.
  • Per-country limits delay adjustment of status.

Processing Timeline

Due to USCIS and DOL processing, departments should initiate H-1B sponsorship at least 6 months in advance of the intended employment start date.

Key Steps

  1. Hiring Department & Employee submit required forms and documents to International Services.
  2. Posting of Notice of Intent to Hire online. (10 business days).
  3. International Services reviews and files the Labor Condition Application (LCA).
  4. DOL certifies the LCA (7 business days).
  5. Export Control Review is completed by Clemson’s Division of Research.
  6. USCIS adjudicates the petition and issues approval, denial, or a Request for Evidence (RFE).

Required Documentation

From Hiring Department:

  • H-1B Request Form
  • Actual Wage Determination
  • Export Control Form
  • Support letter and official job offer
  • Job description or posting
  • FedEx account number for USCIS mailing

From Prospective Employee:

  • Immigration history and documentation (I-94, passport, prior visas)
  • Academic credentials (degree, transcripts, evaluations if foreign)
  • CV/resume
  • Pay stubs (if currently employed in the U.S.)
  • Prior immigration documents, if applicable

USCIS Filing Fees for H-1B Application

Below are the current filing fees** for an H-1B application. Filing fees are paid by the hiring department (unless noted) and must be paid online at the time of filing.

H-1B Initial Application

(First H-1B Petition with Clemson University):

  • $460 Petition for Nonimmigrant Worker Fee.
  • $500 Fraud Prevention and Detection Fee.
  • $2,805* Premium Processing Fee (optional).

H-1B Extension or Amendment Application

(Continuation of H-1B employment with Clemson University):

  • $460 Petition for Nonimmigrant Worker Fee.
  • $2,805* Premium Processing Fee (optional).

H-1B Transfer from Employer Application

  • $460 Petition for Nonimmigrant Worker Fee.
  • $500 Fraud Prevention and Detection Fee.

*Hiring departments can request USCIS to expedite an H-1B application by requesting premium processing. This additional fee ensures USCIS will respond to the H-1B application within 15 calendar days of their receipt. The fee may be paid by the department or employee.

**All fees are subject to change without notice by USCIS.