H-1B Status

^{On September 19, 2025, the President issued a Presidential Proclamation restricting travel to the US for certain H-1B visa holders who did not pay a $100,000 fee. USCIS posted clarifying guidance on its website on October 20.} 

^{The proclamation applies to:} 

^{1. New H-1B petitions filed on or after September 21, 2025 on behalf of beneficiaries who are outside the United States and do not have a valid H-1B visa.}

^{2. New H-1B petitions filed on or after September 21, 2025 which request consular notification, port of entry notification, or pre-flight inspection for an individual in the United States.}

^{3. New H-1B petitions filed on or after September 21, 2025 which request a change of status or extension of stay which is denied by USCIS (either because the individual left the US while the petition was pending or USCIS determined they were not in valid status at the time the petition was filed). Such individuals would be required to leave the US and would be subject to the fee to return to the US.} 

^{The proclamation does not apply to:} 

^{1. H-1B workers whose petitions were filed prior to September 21.} 

^{2. H-1B workers outside the US on or after September 21 who possess a valid H-1B visa stamp.} 

^{3. H-1B petitions filed on or after September 21 for an individual inside the United States where a change of status, extension, or amendment is granted. The beneficiary of such petition will not be subject to the fee if they subsequently depart the United States and apply for a visa based on the approved petition and/or reenter the United States on a current H-1B visa.}

^{The VISA Office will resume processing of H-1Bs for individuals inside the US for whom we have a valid Labor Condition Application (LCA). H-1B processing of cases for which we do not yet have a valid LCA will resume after the government shutdown ends.} 

^{The new guidance also includes information on the national interest exception described in the proclamation, but indicates approval of such exceptions will be "extraordinarily rare."}

^{If you have questions, please contact the VISA Director at visa@case.edu.} 

Departments who wish to hire an applicant requiring a H-1B visa must reach out to the VISA Office at visa@case.edu to start the process. H-1Bs are permitted a maximum stay of six years in the US (with some exceptions). Initial appointments may not exceed three years; the minimum period of stay is one year, unless approved by the VISA Office. Requests for three years are highly encouraged. 

How to Begin the H-1B Visa Process

1. The Department should contact the VISA Director or email the VISA Office at visa@case.edu with any preliminary questions or concerns.
2. The Department should start collecting information for the H-1B application, including:
   • Job description
   • Minimum education and experience requirements
   • Proposed salary (The salary of an H-1B worker must meet the higher of the prevailing or actual wage for the occupation in the area of employment. For additional information, please contact the VISA Office Director.)
   • Letter of Appointment or Hire
     • The appointment letter should include: Department, complete position title (e.g., Research Assistant III, Engineer I, etc.), inclusive dates of appointment and salary. Faculty appointment letters should include a Board of Trustees contingency clause.
   • Determine whether premium processing will be requested. Current processing times are available at https://egov.uscis.gov/processing-times/. 
   • The Department must create a sponsorship request in the Scholar Portal at https://visas.case.edu/ and upload any other requested documents. If the Department Administrator does not have access to the portal, they must contact the VISA Office at visa@case.edu. H-1B Request and Check Request forms are available here. Please note that requests for H-1B sponsorship should be submitted NO LESS THAN 8-12 weeks prior to the planned start date. If you submit your request with less notice there is a substantial risk the case will not be processed before the planned start date. 
   • Effective October 28, 2025, USCIS no longer accepts payment of fees by check or money order. The CWRU Procurement Office has requested that fees be paid with the appropriate department's P Card. Current USCIS fees are available at https://www.uscis.gov/forms/filing-fees. Contact the VISA Office if there are questions regarding current fee amounts. [NOTE: USCIS will no longer accept checks after 10/28/2025. We are working with Accounts Payable to determine a new procedure for paying USCIS filing fees; additional information will be posted here when it becomes available.]
3. The VISA Office will review the sponsorship request and reach out to the H-1B candidate. The H-1B candidate should start collecting copies of required documentation, including:
   • Resume/CV
   • All degrees - diplomas and transcripts, including English language translations, if application
   • Most recent I-94 records accessed from https://i94.cbp.dhs.gov/I94/#/home
   • EAD(s) (if applicable)
   • ALL Form(s) I-20 or DS-2019 (if applicable)
   • All previous H-1B approval notices (if applicable)
   • USCIS Approval of waiver of 212(e) J-1 home residence requirement (if applicable)
   • If currently working in the United States in any status, three most recent paystubs
   • Passport identification pages
   • Dependent documentation (if applicable)
     • If married, please also provide copy of marriage certificate and evidence of current visa status of spouse
     • If any dependent children under age 21, please provide copy of birth certificate and evidence of current visa status
   • The H-1B applicant will need to login to the Scholar Portal after receiving the invitation from the VISA Office and upload the required documentation.
4. If the H-1B applicant will be accompanied by a spouse and/or dependent children, the H-1B applicant is responsible for preparing their applications for H-4 dependent status. The VISA Office will submit the dependent applications with the H-1B petition on behalf of the H-1B applicant, but the H-1B applicant is responsible for payment of filing fees.

H-1B status is both employer- and job-specific. An H-1B worker may not commence employment with CWRU in H-1B status without appropriate documentation from USCIS. Any changes in the terms of an H-1B worker's employment, include a change of worksite, must be discussed with the VISA Office BEFORE they occur. 

Please note: the Department must bear the reasonable cost of transportation to the H-1B worker’s last place of foreign residence if the worker chooses to depart the United States after involuntary cessation of employment with CWRU before the end of their authorized stay in H-1B status. (8 CFR 214.2(h)(4)(iii)(E))

Finally, if an H-1B worker's employment with CWRU is terminated before their authorized stay expires - voluntarily or involuntarily - the Department MUST contact the VISA Office so that the H-1B and the LCA can be withdrawn as required by government regulations.

If you have any questions about the process, please email the VISA Office at visa@case.edu or telephone us at 216-368-6964.