Bryn Mawr College Home

H-1B STATUS FOR TEMPORARAY
PROFESSIONAL POSITIONS

2004-2005

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For International Students and Scholars:
 • For New Students
 • For New Scholars
 • For Current Students and Scholars

Study Abroad:
 • General information
 • Study-Abroad Guide (51-page PDF)
 • Approved Programs
 • Summer Programs
 • Nairobi Exchange Program
 • BMC Study-Abroad Application Form (80K Word document)

Bryn Mawr College most commonly uses the H-1B visa category for faculty positions and post-doctoral fellows. Current U.S. immigration regulations make the H-1B category available to any person in a “specialty occupation,” meaning a position requires the “theoretical and practical application of a body of highly specialized knowledge, and which requires the attainment of a bachelor's or higher degree in the specific specialty (or its equivalent).”

It normally takes about three months to obtain approval of an H-1B petition, and Bryn Mawr will reimburse prospective employees for the U.S. Citizenship and Immigration Services filing fee of $185. Bryn Mawr is not responsible for the premium processing fee of $1,000.

Prospective employees who do not already have alternate employment authorization valid for Bryn Mawr College cannot be placed on the payroll until final U.S. Citizenship and Immigration Services approval of an H-1B petition is received.

Stage I: Two Applications with the Department of Labor

The Office of International Programs must file two consecutive applications with local Department of Labor offices and receive replies before submitted the final H-1B petition to the U.S. Citizenship and Immigration Services. OIP first requests a prevailing wage determination from the local DOL Job Center . The purpose of the prevailing wage request is to establish that the College's wage offer meets the requirements of the law. If the College's wage offer is found to be inadequate, the amount will have to be increased or the H-1B process for the position in question will have to be abandoned.

After receiving a satisfactory prevailing wage determination, OIP next files a Labor Condition Application with DOL affirming that the College will meet the prevailing wage and other legal requirements of the H-1B.

For OIP to initiate these two DOL-related applications, the hiring department must furnish OIP with a letter on departmental stationery from the Provost Office or a supervising faculty member, which specifies:

•  Duration of the appointment, including beginning and ending dates;
•  Salary;
•  Job description;
•  The qualifications required of a person to perform these duties.

Stage II: Filing A Petition with the U.S. Citizenship and Immigration Services

After receiving satisfactory replies to the above applications, which can take two weeks, OIP can proceed to file an H-1B petition with the U.S. Citizenship and Immigration Service. The applicant must provide OIP with the following documents:

•  Curriculum vitae (resume) with a list of publications

•  A copy of the diploma (with an official or attested translation if the diploma is not in English). If the applicant is a degree candidate but has not yet received the diploma, a letter certifying that all degree requirements have been met and the dates the degree is to be awarded, with a copy of the transcript, must be included.

•  A copy of the applicant's I-94 card and passport identity page

•  A check or money order of $185 payable to “U.S. Department of Homeland Security”

•  The appropriate supplemental documents mentioned below:

If the applicant is in the U.S. in another non-immigrant classification , copies of all immigration documents (I-20 Forms and Employment Authorization Document for F-1 students; DS-2019/IAP-66 Forms for J-1 exchange visitors) must be included.

If the applicant is in U.S. on an H-1 visa with another employer , the applicant must include his or her I-94 and copies of all previous H-1 approval notice.

If the applicant is in the U.S. and has a spouse or children for whom dependents H-4 status is required, Form I-539 (available from OIP) must be completed by the dependents and submitted with copies of their I-94 cards. The fee for Form I-539 is $120. A single check or money order payable to “Department of Homeland Security” for the total amount due for the H-1B petition and Form I-539 may be submitted.

If the applicant is outside of the U.S. and plans to enter in H-1B status , the documentation mentioned above (minus the I-94 card, which persons outside the U.S. do not have) must be submitted. Approval of the petition will be sent to the U.S. embassy or consulate where the prospective employee is currently residing. The prospective employee and any dependents must go to the embassy or consulate to obtain H visas for entering the U.S.

 


Last updated 6/23/2004
by Li-Chen Chin