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H-1B

H-1B Visa Overview

An H-1B is a temporary workers visa that allows U.S. employers like UT Southwestern to hire non-U.S. citizens to work in specialty occupations in a specific field. 

To qualify as a specialty occupation and for H-1B sponsorship, a position must require at least a bachelor's degree. Any position accepting extra work experience to substitute a bachelor's degree requirement will not qualify for H-1B sponsorship. 

In order for UT Southwestern to sponsor an H-1B, the Office of International Affairs (OIA) will: 

  • Coordinate the hiring department to obtain an appropriate salary from the Department of Labor for the position.
  • File the H-1B petition with U.S. Citizenship and Immigration Services (USCIS).

There are generally two initial H-1B processes:

  • Change of Status (for those who are already in the United States)
  • Consular Processing (for those who are currently overseas)

Jump to: Change of Status vs Consular Processing

Steps to Obtaining an H-1B Visa

The sequence of steps to take to acquire an H-1B visa are:

  1. Learn about the job description and requirements.

  2. Follow the instructions on the H-1B Visa Request Form to prepare and submit your H-1B request (done by the employer). 

Degree Requirement and Specialization

  • The position needs to qualify as a "specialty occupation" and the applicant must hold the required degree in the field of employment. (For example, an Assistant Professor in Biomedical Engineering should have a Ph.D. in biomedical engineering or a related field.)
  • Compensation for the position must be paid by UT Southwestern and be at least the prevailing wage set by the Department of Labor (DOL).
  • The H-1B is an employer-specific visa and allows compensation only from the employer for the work described in the petition.

Notify OIA of any changes to your employment terms (such as change in end date, employment location, title, duties, or source of funding). An H-1B amendment may be required.

Sponsoring departments should submit the Export Controls Questionnaires as early as possible prior to submitting the H-1B request to avoid processing delays. UT Southwestern must receive export clearance in the petition whether or not an export license is required for the H-1B position. 

Outside attorneys are generally not permitted to file UT Southwestern H-1B petitions.

Change Of Status Vs Consular Processing

A change of status is appropriate for individuals who are currently in the United States. Consular processing is used for those who are overseas or those who will be traveling overseas while the application is pending. Travel outside the United States while a change of status is pending will abandon that change of status.

If you change to H-1B status while in the U.S., OIA will provide you with the forms necessary to apply for an H-1B visa stamp prior to your first trip outside the U.S.

Warning: Travel outside the United States while a change of status is pending will abandon that change of status.

If your H-1B petition was filed for consular processing, you are required to obtain your H-1B visa by scheduling a visa interview appointment at a U.S. embassy or consulate. This must be done in either your country of nationality or residence once you are notified of the approval. 

Please visit the embassy website for detailed visa application instructions. 

Visa Delays - Clearances and Administrative Processing

Please note that when you apply for a visa, you may be subject to a security clearance that can cause delays of weeks or even months in the issuance of your visa and your arrival in the U.S. This clearance is most commonly known as Administrative Processing, and it is often connected to Section 221(g) of the Immigration and Nationality Act.  You may be requested to provide additional information in order to receive clearance and be issued a visa.

If you are selected for Administrative Processing, the Office of International Affairs is extremely limited on what they can do to expedite the processing.

The following are two common types of Administrative Processing security clearance that may be encountered:

  1. Field of Study: If a visa applicant’s area of study is on the U.S. federal government’s “technology alert list,” which includes many of the science and technology fields, the U.S. Consulate may seek a security clearance prior to granting the visa. This process may delay visa applications from 10 days to 3 months. There is no way to know whether an individual will be subject to this type of clearance. If an individual works in one of the STEM fields, it is advised to request the supervisor or chair to write a letter that briefly describes the specific area of work or research in layperson’s terms.
     
    We have sample letter template that departments can modify and use.  Often, the U.S. Consulate will also request the CV and publication list of the faculty supervisor or department chair. It is also recommended that the H-1B Employee carry a copy of their CV, publications list, and one or two of their publications. These materials will not deter a security clearance, but they will help address most of the common 221(g) inquiry details.
     
  2. Country of Citizenship, Nationality, or Birth: A security clearance may also be required by the U.S. Consulate if a visa applicant was born in or is a citizen or national of certain countries. The list of countries is not published, but seems to include the following: Afghanistan, Algeria, Bahrain, Bangladesh, Cuba, Djibouti, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Malaysia, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, Yemen, and the territories of Gaza and West Bank.

Employees who believe that Administrative Processing will delay their entry/return to the U.S. should contact their department immediately so that they can arrange to cover teaching or research duties. If an employee has been waiting for more than one month for the results of a security advisory opinion, contact the Office of Internatinoal Affairs and your department to inform them of the delay.

Other Useful H-1B Information

  • You will not be permitted to enter the U.S. in H-1B status more than 10 days prior to the effective date of that status.
  • You are required to start your position no later than 30 days after your arrival.
  • H-1B visa is employer- and position-specific. Any changes in employment should be reviewed by OIA advisers.
  • Please find estimated wait times for interview scheduling.

Positions that Qualify for H-1B Sponsorship

  • UT Southwestern Medical Center may sponsor H-1B status for full-time positions such as:
    • Postdoctoral researchers
    • Faculty members
    • Specialty occupations that require a minimum of a baccalaureate degree (no substituting experience for education requirement)
  • We do not usually sponsor H-1B visas for clinical residents or fellows.
  • A person may hold H-1B status for a maximum of six years, granted in three-year increments.

H-1B Visa Fees

UT Southwestern policy requires that these fees always be paid by the sponsoring department. Fees are paid electronically through the UTSW procurement portal. The department will be prompted for payment after submitting the H-1B Visa Request Form.  

Potential Fees

  • $460 Processing fee 
  • $500 Fraud Prevention and Detection fee (required for first H-1B visa petition for employment with UT Southwestern only)
  • $2,805 Premium Processing fee, to ensure that the USCIS will process the case in 15 working days.

If premium processing is used to expedite USCIS adjudications of the H-1B petition, sponsoring departments should pay the Premium Processing fee for all Consular Processing and Change of Status H-1B filings. We encourage departments to also pay the Premium Processing fee for Extension H-1B filings to avoid delays in processing.

For more information, see the USCIS Fee Schedule.

Submitting H-1B Request To OIA

An H-1B petition must be filed with USCIS for adjudication before you apply for an H-1B visa. In the case of a new H-1B visa classification, employment may not begin until the petition is approved and the original approval notice is received.

If your H-1B extension petition is filed in a timely manner, you will be granted automatic extension of employment authorization for an additional 240 days while the extension petition is pending.

To facilitate prompt completion of preliminary steps, please submit the H-1B Visa Request Form as early as six months before the H-1B start date or H-1B expiration date.

UT Southwestern does not usually sponsor H-1B visas for the purpose of clinical training.

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