H-1B Visa

International Services (IS) is responsible for the advising and processing of the H-1B visa status for full-time tenure-track faculty and full time permanent staff and managers. The information listed below must be submitted to IS well in advance of the date the employee is expected to begin work in H-1B status.  After all the information below is submitted to IS, it takes approximately 3 weeks to prepare the application.  After the application is received by USCIS, it takes approximately 6 months for a decision.  In the event a faster processing time is needed, “Premium Processing” may be used.  The Premium Process will make a decision on the application within 15 calendar days by filling out Form I-907 and an additional payment of $1,225.

Approval of the H-1B visa status by the United States Citizenship and Immigration Services (USCIS) must be obtained before the employee can be placed on Montclair State University Payroll, unless the employee possesses another status that allows employment while the H-1B petition is pending.

Steps

1. The applicant & hiring department submit the H-1B application materials to IS. This includes all the required forms, supporting documents, and checks.

2. IS will file a Labor Condition Application (LCA) to the Department of Labor (DOL) to affirm that MSU will meet the prevailing wage and other legal requirements of the H-1B.

3. After receiving the LCA certification, IS will file the H-1B petition with United States Citizenship and Immigration Services (USCIS). The hiring department and applicant will be notified when IS receives the approval notice. Copies of the completed petition will be kept on file in IS and a copy of the petition will be given to the Faculty/Staff candidate for their own record-keeping purposes.

Submit all information to:

Victoria Donoghue, Director of International Services, Montclair State University, 22 Normal Avenue, Montclair, NJ 07043, phone: 973-655-6862, fax: 973-655-7726, donoghuev@mail.montclair.edu

New Applicants in the U.S.

  • Applicant Information Sheet
  • Documents from the Hiring Department
  • Three copies of diplomas* (English translations & evaluation, if applicable)
  • Three copies of transcripts (English translations & evaluation, if applicable)
  • Three copies of I-94 card (front &back)
  • Three copies of passport ID & visa stamp page
  • Three copies of CV

If you ever held J or F Status:

  • Three copies of all Form I-20/DS-2019/IAP-66 (including spouse Forms if J-2/F-2)
  • Three copies of EAD card (if applicable)
  • Three copies of home residency waiver Form I-612 (if applicable)
  • Three copies of marriage certificate and translation if J-2 / F2 status (if applicable)

Completed by dependents (if in the U.S.):

  • Form I-539. USCIS I-539 Application
  • $290.00 fee paid to “U.S. Department of Homeland Security” (PAID by the APPLICANT)
  • Three copies of proof of dependent relationship to applicant (birth/marriage certificates)
  • Three copies of dependent(s)’ I-94 card(s) (front &back)
  • Three copies of passport ID & visa stamp page

Extensions already at MSU & Transfers from elsewhere in the U.S.

  • Applicant Information Sheet
  • Documents from the Hiring Department
  • Three copies of all previous Forms I-797
  • Three copies of diplomas* (English translations & evaluation, if applicable)
  • Three copies of transcripts (English translations & evaluation, if applicable)
  • Three copies of I-94 card (front &back)
  • Three copies of passport ID & visa stamp page
  • Three copies of CV
  • Three copies of last 4 pay stubs from current employer

Completed by dependents:

  • Form I-539. USCIS I-539 Application
  • Three copies of all previous Forms I-797
  • $290.00 fee paid to “U.S. Department of Homeland Security” (PAID by the APPLICANT)
  • Three copies of proof of dependent relationship to applicant (birth/marriage certificates)
  • Three copies of dependent(s)’ I-94 card(s) (front &back)
  • Three copies of passport ID & visa stamp page

New applicants outside of the U.S.

NOTE: Please contact the U.S. Embassy/Consulate where you will be getting the visa and find out what documentation is required at the time of application and how far in advance you must make an appointment, if at all. Please note that Canadian citizens are exempt from visa requirements.

  • Applicant Information Sheet
  • Documents from the Hiring Department
  • Three copies of diplomas* (English translations & evaluation, if applicable)
  • Three copies of transcripts (English translations & evaluation, if applicable)
  • Three copies of passport ID
  • Three copies of CV
  • Three copies of any former immigration documents that you obtained from previous stays in the U.S.

*If your HIGHEST degree was awarded by an educational institution outside of the United States, you MUST submit a professional credential evaluation stating the U.S. equivalent of your degree.