University of Minnesota
University of Minnesota
http://www.umn.edu/
612-625-5000

H-1B &
Permanent Residence


H1B: The Basics

Employer Responsibilities and Certification

Any University of Minnesota department seeking to employ an H-1B employee must understand and certify they will abide by the following conditions and requirements:

  1. The H-1B employee will be paid at least the required wage, defined as the higher of the local "prevailing wage" or the employer's "actual wage." In addition, the employee will be paid for non-productive time and the employing department will provide the employee:
    • Benefits on the same basis as U.S. workers; and
    • Working conditions which will not adversely affect the working conditions of workers similarly employed.
  2. The University cannot file an H-1B petition if there is a strike or lockout in the occupational classification in the employing department. If a strike, lockout or other work stoppage occurs in the occupational classification in which an H-1B worker has been sponsored, the department has two days to notify ISSS.
  3. A copy of the Labor Condition Application (Form ETA 9035) will be provided to the employee and notification will be made to the union or to workers at the place of employment. (ISSS will provide instructions during the application process.)
  4. The employing department must contact ISSS if a material change occurs in the employee's job (duties, % time of appointment, change/addition of work sites, title, salary, or change of department). ISSS will follow H-1B regulations to determine whether no action, the posting of a labor condition application, or a new petition will be required. Please read the Changes in Employment page for important information about adding/change work sites.
  5. Part-time employment: For any appointment less than 100% time, the employing department must maintain time cards in order to meet U.S. Department of Labor regulations.
  6. If the H-1B employee is dismissed for any reason by the employer before the end of the period for which employment is authorized, the employer is responsible for the reasonable costs of return transportation of the employee to his/her last place of foreign residence. The department which employs the H-1B employee is responsible to provide for the costs of the return transportation.
  7. The H-1B employee will not have access to export controlled information. If you have questions about this, contact Pat Briscoe in the Office of General Counsel (612-625-3860).

The Department Chair / Division Head is required to sign a Certification Statement that will be provided to the department as part of the H-1B process. Failure to comply with these H-1B regulations and related procedures may lead to fines, penalties, revocation of the petition/visa approval, loss of the employee's services and/or immigration violations.

GPS