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

Please note: Departments must keep recruitment-related information for at least 5 years.

Items Required from Faculty/Staff Member

 Click here for a comprehensive list.

Items Required by Hiring Department

  • FedEx account #
  • USCIS Filing Fee: $325 paid to “U.S. Department of Homeland Security”
  • USCIS Fraud Fee: $500 paid to “U.S. Department of Homeland Security” (If filing an extension of a current H1B, this fee does not apply)
  • Premium Processing fee, if applicable: $1,225 paid to “U.S. Department of Homeland Security”
  • Hiring Department Information Sheet

Tips for Hiring Departments

In the event the employee files a permanent resident application, the following information may be required.  Therefore, it is imperative to keep these documents at the time of initial hire for at least 5 years.

  • A record of the answer to “Do you need sponsorship?” in the interview process. Please note that MSU provides H-1B sponsorship to employees; it is not lawful to reject an applicant based on their need for sponsorship.
  • All advertisements for position: original journals and web postings with dates
  • CVs of all applicants in connection with the search
  • Applicant Tracking Sheet listing all applicants' name, address, date of interview, and reason of rejection
  • Copy of initial tenure-track offer letter to international faculty person (including any amended offers)
  • Final report of the committee making the recommendation by way of Affirmative Action Report
  • Assuming the position is covered by a Collective Bargaining Agreement, a copy of page of the union salary schedule that was current at the time the alien began employment, with the alien’s starting salary highlighted