H-1B Specialty Occupation

Department contacts must attend a one-time training via UC Learning to obtain access to iServices. For information regarding obtaining access and resources, visit iServices webpage.

• Scholar Required Evidence:
  • Passport biographical page
  • Degree/diploma, highest degree earned
    • Transcripts, if field of study not noted on degree
    • Credentials evaluation, if foreign degree (see "Education and Credential Evaluation" drawer above for resources)
  • CV or biosketch 
  • If Scholar is currently in the U.S.
    • I-94 Record for most recent entry to the U.S.
    • Entry Stamp for most recent entry to the U.S.
    • Visa for most recent entry to the U.S. (except Canadian's) 
    • If currently in a paid position, include the last three earnings statements 
    • If currently in F status (F-1, F-2)
      • ALL I-20s since the most recent entry to the U.S.
    • If ever in J status (J-1 or J-2)
      • ALL DS-2019s
      • Copy of USCIS Form I-612 Waiver Approval Notice, if subject to the Two Year Home Residency Requirement
    • If ever in H status (H-1B or H-4)
      • All I-797 H Approval Notices
    • If ever issued an Employment Authorization Document (“EAD card”)
      • ALL cards
• Department Required Evidence:
  • Appointment/Offer Letter
  • If bypassing J status (initial H requests):
    • J-1 or H-1B: A Comparison (PDF): This form is not needed if the scholar is currently in J status or is ineligible for J status.
  • If Staff Title
    • Include copy of Job Description
  • If Faculty Title (to be sponsored for permanent residence)
    • Copy of the printed job advertisement and official offer letter (NOT proposal letter)

• Graduates of International Medical Schools
  • ECFMG Certification (unless a graduate of a Canadian medical school)
  • U.S. Medical Licensing Examination (USMLE) Steps 1-3
    --or--
    National Board of Medical Examiners (NMBE) examinations – Parts 1-3
    --or--
    FLEX examination
  • CA Medical License documentation
• Graduates of Accredited U.S. Medical Schools
  • Internationals with a medical degree from an accredited U.S. institution need only provide their U.S. MD diploma and, starting 1/1/2020, the Postgraduate Training License (PTL).
• Required if the UCSD appointment/job advertisement has as a requirement:
  • Medical Residency completion certificate
  • Clinical Fellowship completion certificate
  • Board Certification
  • Documentation establishing Board Eligibility (UC San Diego issued documentation is not acceptable)
• Required for ALL Clinical Training programs through GME:
  • GME exception to policy allowing for H-1B sponsorship

Please note that USCIS will evaluate extension and amendment requests with the same level of scrutiny as an initial request; as such we will require the same evidence as required for an initial H-1B request. 

• Employment authorization is retained with a timely filed extension or amendment petition; the petition does not have to be approved by USCIS until 240 days into the new H-1B period
• Substantive changes in H-1B employment must be approved by USCIS with an amended petition submitted prior to the change in employment circumstances; substantive changes include moving between represented and nonrepresented positions or between different represented positions, from research to clinical care; or adding a work-site outside of the metropolitan statistical area
  • A normal stepwise progression within an employment series (e.g. Assistant Project Scientist to Associate Project Scientist) will not require an amended petition
• H-1B status may be extended in three-year increments up to a total of six years
  • Persons with an approved I-140 immigrant petition who are not able to file an adjustment of status petition due to visa bulleting backlog may extend their H status beyond six years in increments of up to three years.
  • Persons with an I-140 or labor certification that has been pending for 365 days or more are eligible for H-1B extensions beyond six years in increments of one year
• Extension/amendment processes take as long as initial processes; please submit requests 7 months prior to anticipated start date
  • Driver's license expiration is often tied to H-1B expiration, and CA DMV will not issue new driver's licenses until USCIS has approved an H-1B petition
• Time spent outside the U.S during the six years of H-1B can be recaptured. To request recapture of H-1B time, follow the H-1B extension/amendment application instructions.  Prior to submitting the H-1B recapture request, consult with a Scholar Advisor to determine if the scholar is eligible.
  • The scholar is responsible for including evidence of H-1B time spent outside the U.S (I-94 travel history, entry stamps, exit stamps, boarding pass, itineraries, etc.) as well completing the H-1B recapture chart.  

Scholar Advisors will review the information and documents submitted via iServices. If any information is missing, we will reject the submission and include a note for the reason. The iServices record will need to be corrected/updated and resubmitted.

For additional instructions regarding this process review the Department iServices instructions.

Non-Union Positions
H-1B employees in non-union positions must be paid at least the actual wage being paid to all other individuals with similar experience and qualifications for the specific employment in question or the prevailing wage rate as determined for the occupation in the metropolitan statistical area, whichever is higher.
One key piece of evidence is the statement of actual wage determination which departments include with H-1B requests. We will conduct an analysis to ensure that this requirement is being met and documentation is submitted to Department of Labor (DOL) and USCIS to support this information. 

Union Positions
H-1B employees in union positions must be paid at least the salary that was agreed upon by bargaining unit. A prevailing wage determination is not necessary because the salary scales serve as evidence that the H-1B employee is being paid the prevailing wage. 

Any H-1B request (new, amendment, extension) submitted must reflect the most current salary scale regardless of their anniversary date. This is because we as an employer have to attest to the federal government in the H-1B petition that the H-1B beneficiary will be paid the prevailing wage rate as determined by bargaining agreement as of the start of the requested H-1B period. H-1B requests with start dates that cannot coincide with postdoc anniversary hire dates will need to have their salaries/appointments amended per the new salary scales to go into effect as of the requested H-1B start date.

Prior to submitting the H-1B request to USCIS, there are two Department of Labor (DOL) components that must be completed by the Scholar Advisor reviewing the H-1B request.

Labor Condition Application (LCA) - we must submit an LCA to DOL and have it certified prior to submitting the H-1B petition to USCIS. The LCA requires attestations by the Scholar Advisor regarding the position requirements, worksite(s), hours and salary. The earliest an LCA can be submitted to DOL is 180 days prior to the requested H-1B start date. Typically, it takes DOL 7-10 business days to certify an LCA. It is vital that the information submitted via iServices is accurate as it will be used by the Scholar Advisor to complete the LCA. Any incorrect information or failure to provide all worksites may require us to withdraw the LCA and submit a new LCA to DOL which would restart the clock on DOL's processing time. 

Notice of Intent to Employ (NOI) - the Scholar Advisor must notify the union (for union positions) or post a 10 day notice (for non-union positions) to alert employees that an H-1B employee will be hired. The NOI includes the LCA tracking number and key position information such as salary and worksite(s). It is vital that the information submitted via iServices is accurate as it will be used by the Scholar Advisor to complete the NOI. Any incorrect information or failure to provide all worksites may require our office to complete a new NOI posting. 

H-1B processing takes up to two months due to the level of analysis required for each case and Scholar Advisor caseloads. This is an INTERNAL processing time, from receipt of a COMPLETE H-1B request. Once we have completed the processing of an H-1B request, the case will be mailed to USCIS via overnight mail. The Scholar Advisor will confirm that the case has been mailed by emailing the department and scholar.

Reminder while case is pending with USCIS: The scholar and department should notify our office prior to any changes such as international travel plans, worksite(s), salary, and position title as changes could affect the approval of the pending case.