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H-1B Visa/Status Request Resources

Prior to initiating an H-1B visa/status request, please review the following resources:

• CU Systems H-1B Visa/Status Processing Overview Chart
• CU Systems H-1B Visa/Status Petition Checklist
• Actual Wage Memo
• H-1B Support Letter (Word template)
• USCIS Processing Times for H-1B Applications

H-1B Visa/Status Request Process

The DocuSign-based features enhanced security measures and has a workflow built into it that will help streamline the H-1B visa/status request process. Based on how previous questions in the form are answered, the department and H-1B applicant will be prompted to enter information in required fields and to upload required documentation. After completing all requirements, the signer will have to click on "Finish" in the upper right corner in order for the document to be sent to the next signer. All parties involved in the H-1B visa/status request process will sign the form electronically through DocuSign and will be emailed a copy of the completed request.

After accessing the form, you will be required to enter the name and email address of the following individuals involved in the H-1B request process:

• Hiring/Sponsoring Department Staff Preparing the Request (e.g., hiring/sponsoring department administrator, H-1B beneficiary's supervisor)
• H-1B Applicant/Beneficiary (i.e.,the person hired by the department who will be the beneficiary of the H-1B petition)
• H-1B Beneficiary's Direct Supervisor
• Hiring/Sponsoring Department/Unit Chair/Director

Please note: For CU Systems requests, please refer to the CU Systems H-1B Visa/Status Petition Checklist as the checklist contained in the DocuSign form was developed specifically for CU Boulder.

DocuSign Resources:

• Basic Instructions for Using DocuSign
• Checking the Status of DocuSign Signatures

 If you have any questions or feedback, please email:  ISSS@colorado.edu.

Dependents

Immigration law must always take family into consideration. When an incoming scholar is applying for a change of status or H-1B Consular Notification, the status of family members must be considered as well.

It is possible for a scholar in H-1B status to have his/her family (spouse and children) in the dependent H-4 status. H-4 applications are the responsibility of the H-1B scholar and their dependents. Questions related to the H-4 application should be directed to an immigration attorney or .

Please note that in most instances people in H-4 status cannot be employed while in the United States. Since it is often the case that the spouse is a professional in his/her own right, care should be taken in making plans for the dependents’ status. If the H-1B temporary worker is in the United States with dependents, the dependents must apply for either extension of their H-4 status or change of their current status to H-4 status when the H-1B principal applies for either extension of status or change of status. Additional fees are charged for these dependent applications. Please review for further information on the H-1 application form (I-539/I-539A).

Immigrant Status

All international scholars who come to the university on regular tenure-track faculty appointments must eventually obtain immigrant or permanent resident status.

Unfortunately, permanent residency may not be easy to obtain, requires much lead time and, in some cases, is simply not available. In many (but not all) cases, it is necessary to secure H-1B status as a bridge to permanent residence. Please note that in most cases a scholar can only be in H-1B status for six years. Consult ISSS for more information in such cases. In negotiating with international scholars for positions as permanent faculty or researchers, departments must always keep in mind the delays and difficulties of obtaining immigrant status. It is important not to make promises that the university cannot keep. We urge hiring departments to contact us during the hiring process rather than after decisions have been made.

Interviews for new faculty are complex and delicate. They involve many considerations—some scholarly, some legal, and some concerned with research issues. Immigration matters need some attention in this setting if the department is contemplating an international hire. The easiest way to accomplish this is to offer anyone you are interviewing the option of scheduling some time with an advisor in ISSS. This allows the potential hire to ask questions and to discover the level of immigration services we offer. It also allows the hiring faculty to concentrate on matters other than immigration, and protects the university from making costly immigration errors.