Utah State University may sponsor eligible employees for H-1B temporary worker status in accordance with federal immigration regulations. The hiring department serves as the petitioner in the H-1B process and assumes certain responsibilities under U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) regulations.
Because H-1B sponsorship involves multiple federal agencies and strict regulatory requirements, advance planning and accurate documentation are essential. Departments are strongly encouraged to consult Human Resources prior to extending an offer when immigration sponsorship may be required.
Position Eligibility Requirements
Before initiating an H-1B request, departments should confirm that:
- The position qualifies as a specialty occupation
- The position requires at least a bachelor’s degree in a specific field of study
- The candidate possesses the required degree in a directly related field
- The offered salary meets federal wage requirements
- Funding has been secured for required filing fees
Human Resources will review eligibility prior to filing.
Wage Compliance Requirements
Federal law requires that the University pay the higher of:
- The prevailing wage for the occupation in the geographic area of employment;
Human Resources determines the prevailing wage based on occupational code, required education, experience, and worksite location.
The University cannot file or support an H-1B petition if the offered salary does not meet federal wage standards.
Duration of H-1B Status
- An initial H-1B petition may be approved for up to three years.
- Federal law generally limits H-1B status to a maximum of six years, including time spent in H-1B status with any employer.
- Time spent physically outside the United States during your H-1B validity period may be recaptured if properly documented.
- An H-1B can be extended beyond six years once the employee has an approved I-140 Permanent Residency petition.
Employees approaching the six-year maximum should consult Human Resources well in advance of expiration.
Sponsorship Costs
The sponsoring department is responsible for all required government filing fees and associated costs related to the H-1B petition. A valid Banner Index number must be provided before Human Resources will initiate the H-1B process.
| Fee Type | Amount | When Required |
|---|---|---|
| Fraud Prevention and Detection Fee | $500 | Required for new H-1B petitions |
| Form I-129 Filing Fee | $460 | Required for all petitions |
| Premium Processing Fee | $2,805 | Expedites approval time to 15 days |
| Credential Evaluation Report (if applicable) | $100–$250+ | If degree equivalency documentation is needed |
| HR Processing Fee | $600 | Internal administrative processing fee |
Fee amounts are determined by federal regulation and may change without notice. Human Resources can provide updated fee information upon request.
Initiating the H-1B Request
Departments must consult with Human Resources prior to initiating H-1B sponsorship.
After consultation, Human Resources will provide:
- An H-1B Department Checklist outlining required documentation
- Instructions for required forms
- A secure, case-specific Box folder link for uploading materials
For security and confidentiality reasons, immigration documents should not be submitted via email. Incomplete submissions may delay processing.
Required Department Documentation
Departments must submit the following:
- Detailed job description
- Brief summary (1–2 paragraphs) of job duties
- Offered salary and funding confirmation
- Worksite address(es)
- Signed offer letter
- Banner Index number for fee processing
- Any additional forms required by Human Resources
Incomplete submissions may delay processing.
Processing Timeline
General Process Overview
- Department submits required documentation and funding information
- Human Resources reviews eligibility and wage compliance
- Labor Condition Application (LCA) filed with DOL (7 calendar day certification period)
- Required posting notices completed
- H-1B petition prepared and filed with USCIS
- USCIS adjudication
Utah State University currently requires premium processing for H-1B petitions. USCIS generally issues a decision within 15 calendar days under premium processing. Processing times are subject to change.
Employment may not begin, and changes in employment may not take effect, until proper authorization has been obtained in accordance with federal regulations.
Calendar Days 4–6 Months
Recommended Planning Window
Departments should initiate H-1B requests 4–6 months prior to the intended start date. Federal regulations prohibit filing more than six months before the requested start date.
Department Reporting Obligations
H-1B status is employer-, position-, and location-specific. Departments must notify Human Resources prior to implementing any material change in employment, including:
- Change in job title or duties
- Change in salary or FTE
- Change in worksite location (including remote or hybrid work)
- Promotion or reclassification
- Extended unpaid leave
- Early termination
Failure to notify Human Resources in advance may result in federal liability, including back wage responsibility.
Early Termination of Employment
If employment is terminated prior to the end of the H-1B approval period:
- The department must notify Human Resources immediately so the petition can be withdrawn.
- If the termination is initiated by the University, the department may be responsible for the reasonable cost of return transportation to the employee’s last country of residence.
If the employee voluntarily resigns, the department must still notify Human Resources, but return transportation costs are not required.
Questions
If you have questions regarding H-1B sponsorship, please contact Danielle Anderson or Brittani Anderson in Human Resources.
The information provided on this website is for informational purposes only and should not be considered legal advice.