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H-1B Status

 

Departments who wish to hire an applicant requiring a H-1B visa should follow the procedures outlined below. 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. H-1Bs will be requested for a three year period unless a shorter period is required.

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, 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, including the H-1B Request Form. If the Department Administrator does not have access to the portal, they must contact the VISA Office at visa@case.edu.
    • Effective October 28, 2025, USCIS fees must be paid by credit card. Please complete and submit the Fee Request form and a USCIS Credit Card Authorization Form to the VISA Office. (A separate USCIS Credit Card Authorization Form is required for premium processing requests. USCIS Credit Card forms must be hand-signed in black ink and submitted to the VISA Office in hard copy.)
  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
    • Current Form I-94 (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.

Important tips:

  • Requests for H-1B sponsorship should be submitted NO LATER THAN 12 weeks prior to the planned start date. If you submit your request with less notice there is a significant risk the case will not be approved before the planned start date. 
  • Departments may not sponsor H-1Bs for positions that do not require a Bachelor's degree as the minimum educational requirement. Contact the VISA Director with questions about a particular position's eligibility for sponsorship. 
  • 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 that specially names CWRU as the employer. 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. 
  • 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 termination 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.