H-1B Visa

Departments who want to hire an applicant requiring a H-1B visa must reach out to the Immigration Office at visa@case.edu to start the process. H-1Bs are permitted a maximum stay of six years in the U.S, though initial appointments may not exceed three years, and a minimum stay at Case Western Reserve University is one year. Requests for three years are highly encouraged, when possible. 

There are significant differences between the H-1B visa and the J-1 visa for researchers and professors. The most appropriate status will be determined on a case-by-case basis. Review a comparison of H-1B and J-1 visas.

Please note: Departments who terminate the employment of an H-1B before the period of authorized stay expires are liable for paying reasonable cost for the H-1B to return to their home country.

Additional note: If an H-1B ends employment with case before the end of the authorize stay expires for any reason - whether the employee resigns or is separated - the Department is required to email the Office of Immigration and Human Resource Services (IHRS) at visa@case.edu so that the H-1B can be withdrawn, as required by government regulations.

How to Begin the H-1B Visa Process

1. Email the Office of Immigration and Human Resource Services (IHRS) at visa@case.edu as soon as possible. Include: (1) the name of the H-1B applicant; (2) the H-1B applicant's email address; and (3) the name of the supervisor and/or department admin who will be collecting the documentation. IHRS will assign to outside counsel for processing, who will reach out.
2. The Department should start collecting information for the H-1B application, including:
   • Job description;
   • Minimum education and experience requirements
   • Proposed salary
   • Letter of Appointment or Hire
     • The Dean’s office will issue a Letter of Appointment/hire, which should be sent. 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.
   • This information will be provided to outside counsel after they reach out.
3. The H-1B candidate should start collecting copies of required documentation, including:
   • Resume
   • All degrees - diplomas and transcripts
   • Most recent I-94 records accessed from https://i94.cbp.dhs.gov/I94/#/home
   • EAD card(s), with expiration dates legible (if applicable)
   • Form(s) I-20 ID (or IAP-66), with practical training endorsement (if applicable)
   • All previous H-1B approval notices (if applicable)
   • J-1 waiver (if applicable)
   • Most recent paystub/voucher
   • Passport identification pages
   • Marriage certificate/license (if applicable)
     • If married and/or if any children, please provide a copy of current visa status
   • Passport identification pages
   • This information will be provided to outside counsel after they reach out.
4. The Department is required to post the Labor Condition Application (LCA) at the specific work location for ten (10) consecutive business days. If the individual will be working at home or a hybrid schedule, the LCA must also be posted at home. Once completed, please the signed posting should be returned to outside counsel and IHRS at visa@case.edu for the public access file.
5. If the H-1Bs spouse or dependents will be accompanying them, the H-1B applicant is responsible for preparing and submitting their applications for H-4 dependent status, and for maintaining their dependents' status here in the United States. Should the H-1B applicant choose to use outside counsel to prepare the documentation, they are responsible for all costs and associated attorneys' fees.

Please note that Departments are no longer responsible for obtaining CWRU check(s) from accounts payable for filing fees and premium processing fees. Rather, the OPR will be provided and a journal entry will be done transferring the funds for filing fees, premium processing, and FedEx charges. 

While any attorneys' fees associated with the H-1 petitions are not the responsibility of the foreign national or department, with respect to H-4 petitions, foreign nationals are responsible not only for filing fees but also the associated attorneys' fees. Individual can prepare the petition themselves or hire outside counsel (whether the same counsel as preparing their own visa or legal counsel of their choice).

If you have any further questions about the process, please email the Office of Immigration and Human Resource Services at visa@case.edu.