Hiring Department

Step 1 - Hiring Process

• The position offer is made and it is determined that H-1B work authorization is needed.

• The department must complete an H-1B Information Form for each individual that the department is sponsoring for an H-1B.

• The form should be forwarded to the appropriate HR Generalist at the Department of Human Resources Management at Mail Stop 9603.

The following paperwork should be completed for all New H-1Bs, Extended H-1Bs, or Change of Employers:

• Two Support Letters

  • Sample Letter 1, which must be attached to the Direct Pay printout (see instructions for Direct Pay).

  • Sample Letter 2

• The Department of Labor must certify an LCA attesting to the prevailing wage, actual wage, position title and period of employment. Determination for H-1B Request should be read before any of the following forms are completed:

  • Comparison for Actual Wage Determination

  • Attestation for Actual Wage Determination

  • Attestation for Labor Condition Application

  • Current Job Description

• Form I-129  Petition for Nonimmigrant Worker

  HRM will complete Parts 1 and 2.

  Hiring departments complete pages 1 through 4 only, including:

  • Part 5, excluding Item 3 (LCA Case Number), and Item 4 (NAICS Code), which will be completed by HRM.

  • SUBMIT TWO COPIES -- BOTH WITH ORIGINAL SIGNATURES.

• H Classification Supplement to Form I-129 (page 7 of the Form I-129). Department/Unit completes the form and Department/Unit Head signs as petitioner and authorized official. MUST SUBMIT TWO ORIGINALS, BOTH WITH ORIGINAL SIGNATURES.

• The H-1B Visa Reform Act of 2004 created a new Fraud Prevention and Detection fee of $500 which must be paid by employers seeking an initial grant of H-1B status on behalf of a beneficiary. This $500 fee applies to any new (not an extension of a current H-1B) petition. There are no exemptions from the $500 Fraud Prevention and Detection Fee.  This $500 fee should be paid by the department and made payable to the Department of Homeland Security.  Process as a Direct Pay, using Banner instructions below.

• All documents, forms, and fees (see below for Fee Summary) should be forwarded to the appropriate HR Generalist in the Department of Human Resources Management.

Beneficiary/Employee

Step 1 - Hiring Process

• The position offer is made and accepted by the beneficiary and/or employee and it is determined that H-1B work authorization is needed.

• Assist the department in completing an H-1B Information Form for an H-1B.

• Form should be submitted to the department.

• Form I-129  Petition for Nonimmigrant Worker COMPLETE AND SUBMIT TWO ORIGINALS of the form (pages 1 through 4 only).

   Beneficiary/employee completes:

  • Page 2, Part 3, item 1 & 2 (beginning with family name)

  • Part 4, if applicable

• COMPLETE AND SUBMIT TWO COPIES OF Visa History (Sample Visa History)

• Copy of a valid passport, to include:

  • Biographical Page

  • Expiration Date Page

  • Original Visa Stamp Page

• Transcript of highest degree (Must be translated into English)

• Copy of diploma of highest degree (Must be translated into English)

• Resume and/or Curriculum Vitae

• IF THE BENEFICIARY IS INSIDE THE UNITED STATES APPLYING FOR AN H-1B VISA, THE FOLLOWING SHOULD BE PROVIDED:

  • Copy of current I-94 document

  • If current status is H-1B, copy of most recent I-797, or H-1B Approval Notice

  • If current status is F-1 (Optical Practical Training), copy of the Employment Authorization Card

  • If current status is F-1, copy of current I-20 form

  • If current status is J-1, copy of current DS-2019 form

  In addition to the above, all previous immigration documents.

• I-539 from completed by dependents

• Copy of I-94 document for each dependent

• Copy of valid passport for each dependent, to include:

  • Biographical page

  • Expiration date page

  • Original Visa Stamp Page

• Copy of Marriage Certificate

It is important to consult with your department head regarding permanent residency as early as possible to ensure that you have ample time to explore your options.  Information regarding permanent residency can be accessed through the following link:  http://www.hrm.msstate.edu/employment/HiringToolKit/PR_ToolKit.htm. 

HRM

• H-1B Data Collection and Filing Fee Exemption Supplement (pages 10 and 11 only)

• Form I-129  Petition for Nonimmigrant Worker. HRM completes Parts 1 and 2 (pages 1 through 4 only).

• Benefits Summary

• Posting:  The notice of posting must be posted in two locations at the work site for 10 days.  The department/unit will receive a notice of posting from the HR Generalist indicating specific dates for posting.  After posting, the notice of posting should be signed and returned to the HR Generalist in the department of Human Resources for placement in the Public Inspection File.

• Labor Condition Application (LCA) is filed with the Department of Labor.

• Filing of the Petition:  Once the forms and certifications are obtained, the petition itself can be filed with the USCIS.  The HR Generalist compiles the petition and the I-907 if appropriate.

• Approval:  The HR Generalist receives the approval notice and forwards to the employee.  The department is responsible for completing a new I-9 or preparing a re-verification of the original I-9.

Summary of Fees

(2)$1000 ONLY if you want USCIS to process your H-1B within 15 days of the filing!!!

(3) $500 "Fraud Prevention and Detection Fee", which must be paid by the employers (to be paid by the department) seeking a beneficiary’s initial grant of H-1B or those employers seeking to change a beneficiary’s employer within H-1B classification. 

BANNER PROCESSING FOR CHECKS TO DEPARTMENT OF HOMELAND SECURITY

• Should be keyed as a direct pay.

• In View Document Indicators, change the Grouping to "1".

• Use the Notes section of the Direct Pay printout to provide instructions to give Accounts Payable a name and phone number for the person who should be contacted when the check is ready.

• The Document Text should include the petitioning employee's name and Social Security number.

• Complete the Direct Pay Attachment for Processing Payment of Fraud Prevention and Detection Fee for H-1B Petitions and attach it to the Direct Pay printout that is sent to Accounts Payable.

• Also attach a copy of the Sample Letter 1 (which includes the vice president's signature) to the Direct Pay printout.

Note:  All checks made payable to the Department of Homeland Security must be picked up by the hiring department or Human Resources Management when the check is ready.