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International Affairs

H-1B Process at Texas A&M University-San Antonio

Obtaining H-1B Status

The Office of International Affairs (OIA) is the sole designated office at TAMUSA to process H-1B petitions with USCIS. The hiring department will initiate the request to obtain the H-1B petition with the OIA. Institutional policies preclude private legal counsel from filing applications on behalf of eligible candidates.  

Once the hiring department chair has informed the OIA of their intent for an H-1B petition, we ask that all possible beneficiaries fill out an H-1B Biodata Form. Beneficiaries also will need to provide their immigration, employment, and educational documents to the OIA. the H-1B beneficiary must submit the following documents to the OIA: 

  1. Passport copy 
  2. US Visa copy 
  3. I-94 
  4. I-20, EAD card, I-797, or other applicable immigration work documents 
  5. CV with a summary of educational training and work experience both in the U.S. and abroad, as well as a list of grants that have been awarded and applied for in the last 5 years and a list of all collaborators. Include Professional IDs such as Google Scholar ID, LinkedIn ID, ORCID ID, Scopus ID, etc. 
  6. Biographical form
  7. TAMU-SA offer letter 
  8. TAMU-SA job description 
  9. Diploma or Early Degree Confirmation Letter (if a diploma is not yet available) 

Prior to filing the nonimmigrant H-1B petition with USCIS, a prevailing wage must be obtained from the Department of Labor (DOL), and we must file a Labor Condition Application with the DOL. Once filed, USCIS will issue a receipt notice as evidence that the petition has been received. The OIA will forward the receipt number, which can be used to check the case status. Once the H-1B petition is approved and the OIA is in receipt of the I-797, the OIA will arrange a Check-in time with the H-1B beneficiary.  


Duration of H-1B Status

H-1B status may generally be held for a maximum of 6 years. Exceptions to this include the following instances: 1.) If you have spent time abroad while in H-1B status, that time is recoverable; 2.) If 365 or more days have elapsed since a labor certification or I-140 benefiting the H-1B holder was filed, you may be eligible for a one-year extension of your H-1B status. 


H-1B Filing Fees

The USCIS filing fees for an H-1B petition are as follows: 

  • $460 – H-1B petition Fee (fee applies to initial and/or H-1B extensions or transfers); 
  • $500 – Fraud Prevention and Detection Fee (fee applies to initial H-1B petitions only); 
  • $2,805 – Premium Processing Fee (depending on the filing timeline, this fee may be optional and can be paid by the sponsoring department or the beneficiary). Typical H-1B petitions can take 3-5 months. With premium processing, the petition is processed by USCIS in 15 business days. 

These three fees must be paid by a separate check made payable to the "Department of Homeland Security." OIA will mail the checks with the H-1B petition. Note that the sponsoring department should not initiate the checks until instructed to do so by OIA. 

  • There’s also a $35.00 LCA Posting Notice. This fee must be paid using a TAMUSA procard. 


Premium Processing - $2,805 (paid by the employer or employee)

The premium processing service provides expedited processing for certain employment-based petitions and applications. Specifically, USCIS guarantees 15 business days of processing to those petitioners or applicants who choose to use this service. 

While USCIS guarantees 15 business days for processing to qualifying petitioners, this time period only applies to USCIS's review of the petition. It does not apply to the OIA’s processing time for any required preliminary steps to the preparation and mailing of the petition to USCIS. Preliminary steps include but are not limited to sponsorship approval, export control, prevailing wage determination, labor conditions application, LCA notice posting (10 business days), and preparation of appropriate forms. The internal TAMUSA process may take 1.5-2.5 months, depending on the speed with which forms are submitted and approved.

Note that premium processing can be paid for either by the institution's sponsoring department or by you as the beneficiary. If there is a business need for premium processing, the department must pay the fee (i.e., the beneficiary has no current work authorization).


Travel/Re-Entry on H-1B Status

If you are changing your status from another nonimmigrant status to H-1B, you should not leave the US until the petition for the change of status is approved and you have your I-797 approval notice. If you do leave the US before the change of status petition is approved, the change of status petition will be deemed abandoned. If you are extending or amending your current H-1B status, you must be in the US at the time the petition is filed with USCIS.  

You must inform OIA of any plans you have for international travel during the six months following the submission of your H-1B petition.

Prior to traveling abroad after your H-1B approval, you are required to inform the Office of International Affairs (OIA) of your international travel plans at least two weeks prior to your scheduled departure. 

When traveling outside the U.S. and upon re-entry, you are required to carry all your original immigration documents as well as appropriate supporting employment documents. 

If you need to renew your visa or passport while abroad, ensure that you have enough time to do so and schedule visa appointments in advance, if feasible. Check the embassy wait times for the country you are renewing your documents. 

It is important that you fully understand the visa requirements to travel to the country you will be visiting. Any information about visa requirements to travel into a country other than the U.S. must be obtained from your travel agent or by contacting the Embassy or Consulate of the country you will be traveling to ensure your Department is aware of any foreign travel that may result in a delay of your return to providing services, the Office of International Affairs strongly encourages you to inform your department Administrator and immediate Supervisor/Program Director of expected foreign travel. If your passport or visa needs renewal, do not schedule teaching a course in the summer or winter term in which you will be traveling internationally. 

Note: If you are traveling out of the country for a conference while teaching a course, etc., you should speak to Export Control for approval to teach a course abroad. The University may request that you use a loaner laptop for international travel. 


J-1 Subject to the Two-Year Home Residence Requirement Changing to H-1B Status

If you have ever held J-1 status and have been subject to the two-year home residency requirement, you must present evidence of either satisfying the requirement or having the requirement waived. Evidence of waiving the requirement is a Department of State waiver recommendation or a USCIS waiver approval (Form I-612). If you present a Department of State recommendation, you must be prepared to show the actual I-612 waiver approval notice when applying for a visa at a U.S. consulate. If evidence satisfying the two-year home residency requirement cannot be presented, you cannot be sponsored for H-1B status.


Portability

If you currently hold valid H-1B status with another employer, you may begin employment at Texas A&M University-San Antonio as soon as the petition is filed with USCIS. Under these circumstances, the individual does not have to wait for the new petition to be approved before employment commences. However, your work authorization will be immediately terminated if the petition is denied.


Check-In Process with OIA

The first obligation under the H-1B visa requires a "check-in" visit to the Office of International Affairs immediately upon your arrival in the U.S. or to campus. The OIA will also review their documentation/information if you have a dependent spouse and children. Once you have checked in with OIA, you will check in with Human Resources (HR) for the HR onboarding process and orientation.