How to Start the H-1B Process
The unit that is sponsoring H-1B status for the employee must initiate the H-1B petition process with International Employment (IE); the employee cannot start the process. The H-1B documentation must be submitted to IE as far in advance (3-6 months preferred) to ensure timely processing. Please note that it takes IE a minimum of 4-6 weeks (sometimes longer) to prepare and file any type of H-1B petition, so please plan accordingly and DO NOT wait until the last minute to submit documents for H-1B status for an employee! If the department does not initiate an H-1B case with IE with enough time to reasonably obtain the status in the timeframe requested, IE cannot guarantee timely processing or that the person will be able to start working for the department in H-1B status by the requested start date.
Please contact the International Employment Manager at 919-515-4518 immediately if you are trying to sponsor someone for an SHRA position, before you begin to prepare any paperwork. There are some SHRA positions that do not qualify for H-1B status, and we will not be able to provide immigration sponsorship for those positions, regardless of the educational and experience credentials of the candidate.
Instructions for Departments/Units
The department/unit needs to access the GlobalHome portal to initiate any type of H-1B petition (new, amendment, extension, change of employer) and complete the electronic forms and upload all requested documents to IE for processing.
One of the required documents is the department sponsorship letter, and a template letter is provided here:
This letter is completely different from the original offer or appointment letter, and does not have to coincide with the appointment dates. The sponsor letter is for H-1B purposes only. The start date in the letter must be a date in the future, and the letter cannot request more than three years of H-1B status.
For a quick list of documents that will be needed from the unit, as well as information about the addresses that will be needed for the FedEx label and the AP check request process, please click on the Department HR User Checklist, the Immigration Fees Chart, and the FedEx Address Chart. Please note that NO checks should be mailed directly to USCIS; please indicate on the check request form that Jill Blitstein will pick-up the check when it is ready.
The department/unit should notify the sponsored employee that this person will also need to access the GlobalHome portal to complete forms and upload supporting documentation; please also have that employee request access from IE.
Once IE has received all necessary forms and documents in GlobalHome, the IE Manager will determine the required prevailing wage (in consultation with the appropriate HR compensation professional) to start the H-1B preparation process. IE must file a form called a Labor Condition Application (LCA) with the U.S. Department of Labor (DOL), and it takes DOL seven business days to return the certified form to us. The dates on the LCA form (which are the dates of H-1B employment given to IE by the sponsoring unit) govern the time period that USCIS can put on the H-1B approval notice.
Instructions for Foreign National Employee
The sponsored employee needs to fully complete the requested information in the GlobalHome portal, and upload all requested documents for processing. To get access to the portal, an existing employee should follow the instructions in the Current NC State Employee QuickStart Guide and a new employee should follow the instructions in the New Hire QuickStart Guide. For a list of documents that will be needed, the employee should review the All Employee Users Checklist and the Immigration Fees Chart.
Note: Only the spouse and children (under the age of 21) are allowed to apply for dependent status (H-4) based on the status of the sponsored employee; elderly parents or other relatives do not qualify for H-4 status per immigration law. Any dependent family members who are already in the U.S. with the sponsored employee must file for a change of status or extension of status so that they have or will receive an approval notice and maintain legal status that will match the period of stay given to the sponsored employee, unless they have separate, independent status in the United States. General information (created by IE) about the I-539 Application to Extend/Change Nonimmigrant Status is available in this guidance document.
If the spouse and children are OUTSIDE OF THE U.S., then there is no paperwork that is filed with USCIS for them. These dependents will apply for H-4 visas abroad when the new employee applies for a new H-1B visa stamp in his/her passport (after USCIS has approved the H-1B petition and mailed IE the original approval notice, which IE will give or send to the employee).
H-4 dependent children are NOT permitted to work in the U.S. and are not eligible to apply for a Social Security card. Certain H-4 spouses might be eligible to apply for an employment card (and then a Social Security Card) if certain criteria are met. More information is available at this USCIS H-4 employment website.