Definition of H-1B:
H-1B visa classification may be granted to a foreign national who will perform services (work) in a "specialty occupation." See INA §101(a)(15)(H). A specialty occupation requires theoretical and practical application of a body of highly specialized knowledge to fully perform the required duties, and the attainment of a bachelor's or higher degree in the specific field as a minimum for entry into the occupation. H-1B status is for temporary workers. Although the position may be permanent one, the individual must be filling it temporarily, meaning for a period of up to a maximum of six years, with limited exceptions. Tenured and tenure-track faculty may be accorded H-1B.
Please note: Wisconsin state law does not permit state institutions to retain private legal counsel to advise or represent the institution's interests; therefore the use of private immigration attorneys for filing UW-Whitewater sponsored H-1B petitions is prohibited. Please see Wis. Stat. § 14.11(2).
All H-1B applications, amendments, and extensions require three steps. In the case of extensions, if the Labor Condition Application (LCA) is still valid for the desired period of extension, only the third step is required. There is a five to six month processing time form the date the H-1B process is initiated with the Center for Global Education until the petition is approved by USCIS. Premium Processing can speed up the processing time by USCIS.
The U.S. Department of Labor (DOL) must certify the "prevailing wage" in the field for the type of position. The international faculty/staff member must be paid at or above the DOL prevailing wage determination, or the actual wage within the department, whichever is higher.
The Department of Labor (DOL) must certify a "Labor Condition Application" (LCA) submitted by UW-Whitewater. On the LCA, the University attests to the terms of employment and agrees to abide by the labor conditions listed on the LCA.
USCIS must approve the H-1B petition. With the assistance form the hiring Department, the Center for Global Education files Form I-129 and supporting documents to sponsor the international faculty/staff member for H-1B status. The employing Department must show that the position is in a "specialty occupation," and that the individual possesses the necessary degree(s) and other credentials.