
The H-1B and Permanent Residency (Green Card) processes are not a promise of tenure to the international faculty hire. The H-1B visa is a temporary work authorization visa which can be held for a maximum of six years (in 3-year increments).
Once an offer of employment has been accepted, the hiring department and Human Resources should direct the faculty member to schedule a meeting immediately with the OIE to discuss the H-1B application process. Please note that preparing an H-1B petition is a labor-intensive process, and adjudication of the petition can take months depending upon the type of processing used. Hiring departments should expect the process to take at least three (3) months (in some cases longer) for an initial H-1B petition to be filed and adjudicated.
The H-1B Application requires several supplemental documents including but not limited to:
***PLEASE NOTE: If a new faculty hire does not yet have a Social Security Card, they will need to apply for one as soon as possible after they have entered the U.S. The H-1B visa permits individuals to enter the U.S. up to 10 days before the start of employment but the Social Security Office often needs 10 days for their system to update that the individual has entered the U.S. 20 days may not be enough time to apply for and receive a Social Security Card. Though, faculty may begin teaching while their Social Security Card application is pending.
The OIE does not consult on completing Form I-539 for H-4 Dependents. Faculty hires’ dependents are responsible for completing and submitting Form I-539 separately. Form I- 539 is required to adjust the status of the faculty member’s dependents if they are in the U.S.; if dependents are not in the U.S., Form I-539 does not have to be completed.
The first step in filing the H-1B is submitting a LCA with the Department of Labor (DOL). The submitted LCA gets certified by the DOL generally within ten days, and the certified LCA becomes part of the H-1B petition. OIE’s Immigration Specialist provides a copy of the certified LCA to the faculty hire and to the SCSU-AAUP Membership Services Coordinator to notify the Union that an LCA has been filed. Two additional copies of the LCA are maintained: one for the faculty member’s file in the OIE and one for Public Access Files in the OIE, per DOL requirements.
OIE’s Immigration Specialist completes Form I-129 with all supporting documents listed above.
USCIS may issue a RFE if additional information is required or if a section of the Form I-129 needs clarification. This can delay the overall approval process, depending on the information asked.
When the H-1B petition is approved, OIE’s Immigration Specialist receives an email notification from USCIS and the OIE can expect to receive the Form I-797 Notice of Action (H- 1B Approval) in the mail shortly.
Once the H-1B petition has been approved, OIE’s Immigration Specialist retains a copy of the original I-797 and mails a copy of the I-797 Approval Notice, the original I-94 (attached to the bottom of the I-797), and a copy of the LCA via FedEx to the faculty abroad to apply for his/her/their H-1B visa. If the faculty member is in the U.S., the documents will be handed to the faculty member or mailed (depending on what state the faculty member is in at the time).
Any change of address must be submitted to USCIS within 10 days of moving either online via the USCIS website or via Form AR-11: Change of Address Information.
H-1B faculty must keep in close contact with OIE’s Immigration Specialist or the OIE’s Director. If specific changes in employment occur, an amended H-1B petition must be filed with USCIS.
SCSU supports the following Employment-Based Categories: “EB-1: Outstanding Professors and Researchers” and “EB-2: Advanced Degree.” Faculty pursuing either of those two categories must work with the CSU-retained Immigration Attorney and the OIE’s Immigration Specialist to complete the process. For more information regarding SCSU’s Permanent Residency Process, please contact the OIE’s Immigration Specialist.
PLEASE NOTE: SCSU currently only sponsors international faculty hires who have received an offer of employment for a full-time, tenure-track teaching position at SCSU.
Lawful Permanent Residence (LPR/Green Card) pathway considerations: