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H1-B Application Process

An H-1B application involves various Boise State departments and governmental agencies, and it can take a long time to complete (see H-1B Processing Times).  An application cannot be submitted to US immigration more than 6 months in advance.

Required Documentation

The hiring department submits an H-1B packet to the Center for Global Education (CGE).  This packet includes information and questions regarding:

  • the job (description, duties, advertisement, salary, etc.)
  • wages paid to similarly employed workers in the department
  • export control, concerning restricted technology/information the employee might have access to
  • compliance requirements for the hiring department and Boise State
  • billing account information if the department is paying for fees related to the petition

The employee submits a packet to CGE.  This packet includes information and questions regarding:

  • employee’s personal information (address, date of birth, immigration status, etc.)
  • US immigration history
  • educational credentials and documents (CV, diplomas, transcripts, etc.)
  • family/dependents

Process

Once CGE receives all necessary documentation listed above, advisors will determine eligibility of the position and the proposed employee for H-1B status.  CGE may ask follow-up questions or for supplemental documents.

CGE will determine the prevailing wage for the position and submit the Labor Condition Application (LCA) to the Department of Labor for certification.  The hiring department and Human Resources will both post a notice of filing the LCA in their respective departments for a minimum of 10 business days.

During this time, CGE is preparing the petition.  This will include documentation that the position is a specialty occupation and that the employee is eligible to hold the position.  This may include obtaining foreign transcript evaluations.  CGE will contact the hiring department to help draft a letter of support for the employee to include in the petition.

CGE will request checks and submit the completed H-1B petition to U.S. Citizenship and Immigration Services (USCIS).  USCIS will approve, deny, or ask for more evidence regarding the petition.

Once CGE receives the H-1B Approval Notice it will be sent to the employee.  If the employee is outside the US, they must apply for an H-1B visa stamp at a US Embassy.  This will take a minimum of two weeks. The new employee may begin work on the requested start date or the date the Approval Notice arrives, whichever is later.  Once the employee arrives on campus they will need to complete steps with Human Resources and other agencies (see our H-1B arrival information page).

H-1B transfers and portability

H-1B employees are only authorized to work in the specific job for which the H-1B was petitioned.  However, there are special allowances for employees who already hold H-1B status and are changing employers.  It is important to discuss the H-1B transfer process with a CGE advisor before leaving your current employment and before work begins at Boise State University.  The timing of H-1B filings is particularly important for transfer H-1B situations.