H-1B Application Process

As the office designated to handle visa issues for the University of Minnesota, ISSS works with department representatives to prepare employment-based visa petitions including H-1B, TN, and E-3. The sponsoring department is our primary point of contact, and is responsible for facilitating the application process with the prospective employee. 

Please refer to these detailed instructions for hiring departments and instructions for H-1B employees and to the process explained below.

Overview of the H-1B Process

1. Consult ISSS or refer to the Visa Options for Employment Eligibility chart to determine the appropriate visa type.
2. Review the ISSS website, especially the Processing Times, which includes an explanation that premium processing may be required at any time. If the employee is transferring H-1B status from another employer, see this additional information.
3. If the prospective employee does not yet have a PeopleSoft ID and Internet ID, an ID must be created. 
   • See instructions: Creating PeopleSoft IDs for Non-Immigrant Visa Holders.
   • New employees must also be provided with instructions for accessing and setting up their UMN Internet ID and password; they will need this to log into MyISSS.
4. Identify the primary department contact person who will facilitate the H-1B application process and serve as a liaison between ISSS and the H-1B employee. This is often a Human Resources or other administrative staff person within the department.
5. Initiate the H-1B Request in MyISSS:
   • The sponsoring department must initiate the H-1B process for any individual who is requesting H-1B status at the University of Minnesota for the first time (i.e. change of immigration status to H-1B, H-1B transfer from another employer, or new H-1B employee arriving from abroad). See instructions for hiring departments.
   • The H-1B employee must initiate the H-1B process if they are already in H-1B status AND already employed by the University of Minnesota (i.e. H-1B extensions and amendments). See instructions for H-1B employees.
6. ISSS will review the initial intake information provided by the department and the H-1B employee. If all eligibility requirements are met and there is sufficient time for ISSS to handle the case, an “Instructions and Next Steps” email will be sent to both the department and employee within 2-3 business days. 
7. The department and H-1B employee will complete all required H-1B Department E-Forms and H-1B Employee E-Forms and upload required documents through MyISSS. 
8. The department should request USCIS application fee checks using these instructions.
9. After all documents and E-Forms have been received, ISSS will begin preparing the H-1B petition. This is the point at which ISSS processing (part 3) begins. If documentation is missing or questions arise, ISSS will email the department and/or the employee.
   • While preparing the application, a Labor Condition Application (LCA) must be filed. At this point, the ISSS Administrative Fee is charged to the department. If the H-1B petition is discontinued after this point for any reason, the ISSS Administrative Fee will not be refunded.
10. ISSS will notify the department and employee when the H-1B petition is sent to USCIS.
11. ISSS will notify the department and employee when the USCIS receipt notice arrives by mail. ISSS will provide the receipt number for tracking the case status online with USCIS.
12. ISSS will notify the department and employee when the original I-797 Approval Notice arrives by mail. 
13. If the employee is not in the United States, they must apply for a visa. The employee will need their original I-797 Approval Notice for their visa application and for travel to the U.S. Upon arrival in the U.S., the employee must complete the H-1B Check-In and I-94 Reporting form through MyISSS.
14. The employee must present the I-797 Approval Notice and other required documents to payroll to complete a Form I-9.