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General Immigration Information
Disclaimer: U.S. immigration law is subject to frequent changes. The information on this website is informational and may not reflect the latest legal requirements. Always consult with your own immigration legal counsel for up-to-date guidance. Visit the CSU’s Immigration Enforcement Concerns website for resources available to address immigration enforcement.
What is H-1B Status?
It is important to distinguish between a visa and an immigration status.
- Visa: A stamp placed in your passport by a U.S. consulate or embassy abroad, allowing travel to the U.S.
- Immigration Status: Your legal classification while in the U.S., reflected on your I-94 record.
The H-1B status is employer and job-specific and requires the sponsoring employer to file applications with the U.S. Department of Labor and U.S. Citizenship and Immigration Services (USCIS). H-1B status provides work authorization for up to six years, typically in increments of three years.
For more information, please visit the U.S. Citizenship and Immigration Services Website.
Regulations
The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations requiring specialized knowledge and at least a bachelor’s degree.
- Validity: Initial period of up to 3 years, renewable for a maximum of 6 years. Extensions beyond 6 years are possible under limited circumstances.
- Employer-specific: Employees can only work for the employer who filed the petition, and only in the specified role.
Requirements
- Position description must clearly state minimum degree(s), field(s) of study, experience, and licenses/certifications.
- National recruitment strategy is required for tenure-track faculty positions (ads posted nationally for at least 30 days).
- Waivers: If used, they must be framed around the job requirements, not the individual.
Department Obligations
- Notify IPGE at least 6 months before the current H-1B expiration for extensions.
- Notify and consult IPGE when anticipating new international hires to discuss sponsorship requirements.
- Report changes in job dutiesm title, hours, location, or funding sources to IPGE immediately.
What about my dependents (family)?
When Sac State sponsors faculty for H-1B work status, it retains immigration legal counsel to prepare and file its H-1B petitions and pays all related attorney fees and filing costs for the faculty member. As a professional courtesy, Sac State will petition for the dependents of H-1B employees for H-4 status in conjunction with the faculty member’s petition. However, the faculty member is responsible for paying the accompanying attorney fees, filing fees, and related costs. Qualifying H-4 members are the spouse and any unmarried children under 21 years of age of the principal H-1B status holder.
Additional Employment
While in H-1B status, you may only work for the employer listed in your approved petition. Sac State faculty cannot work for auxiliary organizations under the Sac State H-1B.
H-1B Sponsorship
Sacramento State typically sponsors H-1B visas for tenure-track faculty positions. In rare cases, certain staff positions may also be sponsored if justified by academic needs and approved through IPGE administrators.
How the H-1B Process Works
| Order of Operations | Action Items |
|---|---|
| Department Initiates | Contact IPGE 6-8 months prior to start date to discuss visa options. |
| LCA Certified | Labor Condition Application filed and certified by the Department of Labor |
| Petition Filled | I-129 petition submitted to USCIS. Faculty must have an approved H-1B before starting work. |
| Approval Received | USCIS issues I-797 approval. Documents provided to faculty by IPGE. |
U.S. Permanent Residency Process
Labor Condition Application (LCA) & Prevailing Wage Determination (PWD)
The Labor Condition Application (LCA), filed by Sacramento State, certifies equitable pay and conditions, the absence of labor disputes, and that the California Faculty Association has been notified of the new hire.
The Prevailing Wage Determination (PWD), filed by Sacramento State, determines the average wage for the position in the location of employment and ensures that hiring an international employee will not negatively affect U.S. workers.
Sacramento State pays the legal fees and filing costs associated with the LCA and PWD.
Permanent (PERM) Labor Certification
The Permanent Labor Certification process verifies that no qualified U.S. worker was overlooked in favor of the international faculty member. The Department of Labor must approve the PERM application before the international faculty member can advance to the next step in the process.
Sacramento State submits evidence of recruitment efforts and must file the PERM application within 18 months of the job offer. As such, the PERM application process should be started as soon as possible after the international faculty member has been selected for the position.
Sacramento State pays the legal fees and costs related to the PERM process.
I-140 Immigration Worker Petition
After PERM certification by the Department of Labor, an I-140 Immigrant Worker Petition must be filed within six (6) months of the approval date by the faculty member or their own attorney. The I-140 form establishes that Sacramento State is sponsoring the faculty member for a permanent, full-time position.
Unlike PERM-related costs, Sacramento State does not cover 1-140 fees. Faculty are responsible for:
- I-140 USCIS filing fees.
- Any attorney fees related to the I-140.
I-485 Adjustment of Status
The final step in the permanent resident process is the filing of the I-485 Application to Adjust Status. The I-485 application adjusts the faculty status to permanent resident. The filing time for the I-485 application depends on the PERM filing date and, for some, the applicant’s country of birth.
Sacramento State does not pay I-485 related legal or filing fees.
Permanent Resident Card (Green Card)
Once approved, the I-485 results in the issuance of a Permanent Resident Card (Green Card), which allows you to live and work permanently in the United States. For replacement cards or additional information, visit the USCIS Green Card page.