Skip to main content
International Services and Engagement Office ISEO
  1. ISEO
  2. Campus Partners
  3. Hosting International Scholars
  4. H-1B Specialty Occupation

H-1B Specialty Occupation

Information for UC San Diego Departments on hosting H-1B Specialty Occupation scholars at UC San Diego. Learn about H-1B Specialty Occupation eligibility, H-1B mantenance of status, H-1B petitions, and other resources.

Note: Only an authorized representative of a UC San Diego department may request that the International Services and Engagement Office (ISEO) prepare an H-1B petition.

Overview and Eligibility

Expand All

The H-1B status grants work authorization to international scholars and faculty in specialty occupations, which are positions requiring highly specialized knowledge and at least a bachelor’s degree in a directly related field. At UC San Diego, this status allows scholars and faculty to work in roles that align with their expertise. The university sponsors only full-time (100% FTE) H-1B employment and is cap-exempt, meaning petitions are not subject to the annual H-1B lottery.

ISEO works closely with both the hiring department and the scholar throughout the H-1B petition process. It begins with filing a Labor Condition Application (LCA) with the U.S. Department of Labor, which certifies the job title, salary, worksite locations, and required attestations. Once the LCA is certified, ISEO submits the H-1B petition to U.S. Citizenship and Immigration Services (USCIS).

Once the petition is approved, USCIS issues Form I-797 Approval Notice as the official record of H-1B status. The dates on this notice indicate the approved employment period, and scholars must maintain their status by following the terms of their H-1B petition. Since H-1B status is both job- and employer-specific, any changes to job duties, work location, salary, or other employment conditions may require an amended petition before the change takes effect.

Note: ISEO is the only office authorized to sign and submit H-1B petitions on behalf of UC San Diego.

Any questions about whether a case qualifies for H-1B support should be directed to a scholar advisor before submitting an H-1B request via iServices. If you are unsure of who the Scholar advisor would be or for a general question email ifsoH1B@ucsd.edu.

Advising breakdown by scholar last name: 

Scholar Surname/Family/Last Name Advisor Name  Advisor Email Advisor Meeting Scheduling Calendar
A - H Ashley LeBourveau-Truong alebourveau@ucsd.edu Schedule Meeting with Ashley
I - L Christine Sampankanpanich christinesam@ucsd.edu Schedule Meeting with Christine 
M - V Shellyn Beltran s3beltran@ucsd.edu Schedule Meeting with Shellyn
W - Z Nallely Garcia nallely@ucsd.edu  Schedule Meeting with Nallely
Faculty H-1B cases hired through a national recruitment  Sandra Vargas Tinoco svargastinoco@ucsd.edu  Schedule Meeting with Sandra

 

USCIS:
  • H-1B petitions are employer-sponsored petitions, and are employer- and position-specific
  • H-1B status is for internationals in a "specialty occupation" that requires "theoretical and practical application of highly specialized knowledge" and a Bachelor's degree
  • Departments may initially petition for up to three (3) years of employment and later request extensions to total six (6) years

UC San Diego:

Only certain appointment titles at UC San Diego are eligible for H-1B sponsorship, per institutional policy; see PPM 200-16, "Supplement 1"
  • Our office has the sole authority to represent UC San Diego in filings with the U.S. Dept. of Homeland Security. An outside attorney cannot be used to file H-1B petitions for which UC San Diego is the employer/petitioner. 
  • H-1B appointments must be full-time (100% effort) and fully salaried; stipends are not allowed.
    • The H-1B requires that the position be a paid position and that the salary must be provided by the employer (UC San Diego) sponsoring the H-1B petition. This means UC San Diego is responsible for paying the prevailing or actual wage (whichever is higher) for the position as determined by U.S. Department of Labor guidelines. For unionized positions, the prevailing wage is defined as the agreed-upon union salary scale or higher.
    • For example, the Postdoctoral Fellow and Postdoctoral Paid Direct titles are not eligible for H-1B sponsorship because they are not fully salaried positions. However, the Postdoctoral Employee title is eligible, as it is a fully salaried position. 
  • Most international researchers come to UC San Diego in J-1 Exchange Visitor status, which affords them additional time to build up a strong case for permanent residence, if this is an ultimate intention; in addition, H-1B petitions are very labor-intensive and expensive. To bypass the J-1 classification, please have the scholar read J-1 and H-1B Comparison, and once the scholar is in iServices they will be asked to confirm they read the comparison. This attestation is not needed if the scholar is currently in J status or is ineligible for J status.

Reminder

Internationals with a medical degree from an accredited U.S. institution do not need to provide us with the items listed below; the U.S. medical degree diploma will serve as evidence of the items below. Also, starting January 1, 2020 the PTL letter will be required.

Graduates of international medical schools may be appointed in clinical positions using the H-1B classification only with departmental support and, if in a training program, approval by the Graduate Medical Education Office. Graduates of international medical schools who wish to pursue postdoctoral scholarly activities involving observation, consultation, teaching or research, with or without incidental patient contact, may do so using the H-1B classification with departmental support.

Graduates of international medical schools in clinical positions and sponsored for H-1B status must:

  • Be currently certified by the ECFMG (unless graduates of a Canadian medical school);
  • Have successfully completed either Steps 1, 2 and 3 of the U.S. Medical Licensing Examination (USMLE) or Parts I, II, and III of the National Board of Medical Examiners (NBME) certifying examinations, or the FLEX examination; and
  • Be in full compliance with the licensure regulations of the Medical Board of California.
Note on Canadian Physicians
Canadian physicians cannot use TN status for appointments involving clinical care. Additionally, to obtain H-1B status, graduates of Canadian medical schools must demonstrate passage of USMLE steps 1-3; Canadian qualifying examinations will not suffice for H-1B status, per federal immigration laws (regardless of California medical board rules and policies).

Special Considerations for Postdoctoral Scholar Employees
  1. The H-1B is job-specific, so do not request more time on this H-1B request than the institutional 5-year (or 6th-year exception approval from OPRSA) limit would allow for the postdoctoral appointment. Any change in job title from Postdoctoral Scholar requires an amended H-1B petition filed with USCIS before the new position begins; this includes new internal recharge and external USCIS filing fees.
  2. Only Postdoctoral Scholar-Employee (3252) appointments are allowed for H-1B sponsorship; joint (with 3253 or 3254) appointments are not allowed.
  3. Any H-1B request (new, amendment, extension) submitted must reflect the most current salary scale. This is because we as an employer have to attest to the federal government (Scholar Advisors attest this in the Labor Condition Application) 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 with OPRSA per the new salary scales to go into effect as of the requested H-1B start date. To review most recent salary scale agreement visit https://postdoc.ucsd.edu/postdocs/appointment-guidelines.html
  4. Postdoc out of union movement procedures for OPRSA and UAW approval: If department wishes to move a current UCSD postdoc to another academic title before their appointment end date, an out of PX unit request must be submitted to the Office of Postdoctoral & Research Scholar Affairs (OPRSA).  Departments will need to provide the information noted below.  Upon receipt, OPRSA will submit the request to Labor Relations who will then submit the request to the UAW.  The UAW has 15 days from the date Labor Relations submits the request to respond if they contest the proposed movement.  Please be sure to provide ample time for review of these request by OPRSA, Labor Relations and the UAW.
  • Name of Postdoc:   
  • Current Title and Title Code: 
  • Department: 
  • Postdoc appointment end date:
  • Proposed Title and Title Code: 
  • Effective date of Proposed title: 
  • New department (if applicable):
  • Department contact to copy on notice to UAW

Spouses and unmarried minor children (under 21 years of age) are eligible for H-4 status. H-4 request is a personal application for an immigration benefit (as opposed to the employer-sponsored H-1B petition). There are two options to apply for H-4 status:

  1. Inside the U.S. by filing a Form I-539 with USCIS to Change of Extend their status
  2. Outside the U.S. by applying for an H-4 visa abroad

Please reference the H-4 Family Resources page.

Process Timeline Overview

1

Scholar Advisor Review (includes DOL LCA filing)

4 - 8 weeks

2

USCIS Regular Processing

6 - 8 months

USCIS Premium processing

15 business days

3

USCIS Ships to Scholar Advisor using US Postal Service

7 - 14 business days

TOTAL Regular Processing

9 - 12 months

TOTAL Premium Processing

2 - 3 months
 

USCIS Processing

The H-1B petition is adjudicated by U.S. Citizenship and Immigration Services (USCIS) and their processing time varies dramatically and falls outside our office's control; for this reason, departments are encouraged to submit requests to us 7 months prior to the anticipated start date, and to pay for USCIS Premium Processing service, which guarantees a 15 business day adjudication, provided USCIS does not issue a "Request for Evidence."  All initial H-1B requests that require a change of status MUST include the USCIS PREMIUM PROCESSING filing fee due to current USCIS processing times. This does not apply to initial H-1B requests for persons already in H-1B status at another employer ("porting").

Scholar Advisor Processing

H-1B processing takes four to eight weeks. This is an INTERNAL processing time, from receipt of a COMPLETE H-1B request form through mailing TO USCIS. Incomplete submissions will not be processed.  Additional time prior to employment eligibility will be required for USCIS to adjudicate the petition and for us to receive the approval notice from USCIS (or receipt notice for those persons currently in H-1B status at another employer).

 


H-1B applicants outside the U.S.:

This can be done only after USCIS has approved the H‑1B petition. The original USCIS issued H-1B approval notice will need to be shipped to the prospective employee as it will be needed to apply for an H-1B visa at a U.S. Embassy or Consulate and to enter the U.S. 

H-1B applicants inside the U.S.:

  • H-1B status is  employer- and position-specific.  Even if the prospective employee is currently in the US in H-1B status at another institution, UC San Diego must still file a new (PORT) H-1B petition.
  • Once the UC San Diego petition is on file at USCIS, the H-1B applicant must begin working at UC San Diego on the petition-proposed start date.
  • If the H-1B applicant is in the U.S. in another status, it may take several months for USCIS to approve a change of status application; the employee may not begin working in H-1B status until the approval notice has been received by UC San Diego. 

Please note: ALL H-1B fees MUST be paid by the sponsoring department. Fees are not rechargeable to the international scholar and scholars cannot reimburse the department for these fees.

Processing Fees (Recharge) - effective 09/01/23
$3,126 Service Fee (Initial/Port/Extension/Amendment Requests) 
$876 Rush Processing (Initial/Port/Extension/Amendment Requests) 
Information regarding online recharge. RUSH processing is available for an additional fee. Any complete H-1B request with a start date in less than three-month’s time from submission must include a rush fee; incomplete requests will not be evaluated until they are complete. Our standard processing time is two months, but mailing and USCIS processing times must also be calculated when planning for an H-1B start date.
USCIS Filing Fees (Check)
$460 

I-129 Petition Processing Fee (Initial/Port/Extension/Amendment Requests) 
$500

Fraud Detection & Protection Fee (Initial/Port Requests ONLY) 

$2,805

Premium Processing Fee - Required for New H-1B petitions (Initial/Port) due to lengthy USCIS processing times

Recommended, but optional for Extension/Amendment Requests)

The premium processing fee, if paid for, must be paid by the department if continuous employment authorization is in jeopardy. The scholar may pay in situations where continuity of employment authorization already exists (e.g., extension or portability "port" cases) and personal reasons are motivations (e.g., expiring driver's license or personal travel). This would need to be reviewed on a cases by case basis and approved by ISEO. If approved, we will require a personal statement from the scholar to this effect.

The above USCIS fees must be requested by the department from https://support.ucsd.edu/finance. All checks must be issued separately for each fee and payable to U.S. Department of Homeland Security (not "USDHS" or "DHS"). UC San Diego checks now expire within 180 days of issuance. 

Please follow the instructions for ordering checks.

Expand All

H-1B Resources

Expand All

Documentation submitted in a foreign language must include a translation and certificate of translation.

The translation should be structured as similarly as possible to the document in a foreign language so that the USCIS officer can easily use the translation along with the document in a foreign language. 

The certificate of translation is an attestation by someone who is proficient in English and the foreign language and can attest to the authenticity of the translation. Please note that we do not require that a professional company be hired to complete the translation and certificate of translation. However, we recommend that the person completing the attestation not be your spouse or PI, as their vested interest in your H-1B could create the appearance of bias. When submitting documents in a foreign language to our office please include:
  • Translation
  • Certificate of translation 
  • Document in foreign language 

We have a webpage dedicated to frequently asked questions we receive about changing to H-1B status. Feel free to visit and share the Changing to H-1B Status Webpage.

Most international researchers come to UC San Diego in J-1 Exchange Visitor status, which provides additional time to build a strong case for permanent residence if that is their ultimate goal. Additionally, H-1B petitions are labor-intensive, costly, and subject to stricter regulations compared to the J-1.

To bypass the J-1 classification, the scholar must review  J-1 and H-1B: A Comparison, as they will be required to certify that they have read it when submitting the H-1B request in iServices. This certification ensures scholars understand that, in some cases, the J-1 status may be more beneficial before proceeding with an H-1B request.

This form is not required if the scholar is already in J-1 status or ineligible for J-1 status.

USCIS requires that a prospective H-1B employee's degree is the equivalent of the U.S. degree required for the position; therefore we must submit foreign credentials evaluations with our H-1B petitions. 

UC San Diego and ISEO do not endorse any particular service; evaluations issued by the following organizations, however, have been previously accepted by US Citizenship and Immigration Services:

The evaluation report must include the U.S. equivalent degree with field of study/major and the professional credentials of the evaluator.
Please note that the burden of obtaining the credential evaluation lies with the employee, the beneficiary of the H-1B status.

USCIS has published the Handbook for Employers (M-274) to provide guidance. Different procedures are required depending upon the circumstances; see:

NOTE: ANY H-1B PETITION APPROVED FOR CONSULAR NOTIFICATION DOES NOT GRANT EMPLOYMENT AUTHORIZATION UNTIL THE PROSPECTIVE H-1B EMPLOYEE ACTUALLY ENTERS THE U.S. AND RECEIVES AN I-94. Any 10-day grace period granted by U.S. Customs and Border Protection (USCBP) on the form I-94 at the port of entry or by U.S. Citizenship and Immigration Services (USCIS) on the form I-94 attached to the I-797 approval notice does NOT include employment authorization; employment authorization end date is determined by the date on the upper right-hand corner of the I-797 Notice of Action approval notice. 

BEWARE: UC PATH data for employment authorization end date transfers the I-94 data from I-9 tracker and thus includes any 10-day grace period provided on the I-94. THESE 10 DAYS ARE NOT AUTHORIZED FOR EMPLOYMENT!

Please contact ifsoh1b@ucsd.edu if you have any questions.

Please Verify Check Amounts: The Department of Homeland Security checks must all be individually issued for specific amounts, as such you must go through the steps below for each check. 
  • The ISEO recharge fees are completely separate and should not be requested through this process.
  • Don't forget to complete and attach the required Integrated Procure to Pay Solutions Visa Form 
  • By following the instructions below ISEO Staff will pickup the checks from IPPS. ISEO has a recurring weekly appointment to pickup checks, so you dont need to take further action after the checks have been ordered and approved by your department. 
How to get to the Payment Request Form
  • Go to the Services and Support Budget & Finance page https://support.ucsd.edu/finance
  • Click on Get Help
    • The system may direct you to sign on using your Active Directory credentials
  • On the left side navigation bar, in the Categories section, select Invoices and Payables
  • Select Payment Request
  • You will be directed to a payment request form which will allow you to request USCIS checks to be issued and held for ISEO to pickup from IPPS.  
    • The following language on the payment request form "UCSD Health employees, DO NOT use this process but rather contact HCDisb@health.ucsd.edu for how to issue payments and employee reimbursements not related to travel or events." does NOT apply to UCSD Health Sciences, it applies to UCSD Health Systems (financial unit 4 or 5).
    • If you are UCSD Health Sciences staff, please proceed to complete the Services & Support -  Payment Request Form (instructions below).
  • Requested by: This will autopopulate to the person submitting the form (the department admin submitting the request)
  • Requested by Email: Should autopopulate with the email of person submitting the form (the department admin submitting the request)
Supplier/Payee Information
  • Supplier/Payee Name: You must copy/paste or search for “U.S. Department of Homeland Security"
  • Supplier/Payee Number: the system should auto generate the supplier number, 25335
  • Supplier/Payee Site: Select PAYMT CK 1 U.S. DEPARTMENT OF HOMELAND SECURITY from drop down.
  • Supplier/Payee Payment Address: The system should auto generate "U.S. DEPARTMENT OF HOMELAND SECURITY"
Payment Information
  • Payment Type: Select "Visas"
  • What is the visa type: Enter the visa/request type, for example H-1B, I-140, Permanent Residency, etc.
  • What is the visa applicant's name: Enter the Scholar name. 
  • Where should this check be sent to (address or UCSD mail code): enter "[insert scholar's full name]; Hold for pickup by ISEO"
  • Total payment amount: Enter the amount for the individual check.
    • All check amounts must be rquested separately, you will have to make separate requests for multiple checks.
    • Please also confirm that you are requesting the correct check amount. 
  • Information to be included in payee remittance detail:
    • Include the type of visa/request, the international scholar's complete name and indicate "Hold for pickup by ISEO"
    • ISEO receives many USCIS checks, as such this section is critical because it indicates which Faculty/Scholar the check is meant for. 
Example of what should be submitted in this section: 
H-1B < insert scholar's complete name >; HOLD for ISEO pickup
  • Have you attached supporting documentation(s), invoice(s), or receipt(s): Indicate Yes, as you will need to complete and upload the Supplemental IPPS form. 
  • Additional comments: 
    • Include the following text to ensure ISEO is notified when the checks are ready for ISEO Staff to pickup "Hold for pickup by ISEO."
      • This language must be included in order for checks to be placed on hold for ISEO to pickup the checks from IPPS. Otherwise we will not be notified the checks are ready for pickup. 
  • Payment COA / POETAF: Click Add
    • Chart of Accounts Information: You will need to enter the financial information below. Please contact your department fund manager for Chart of Accounts inquiries; questions regarding the form should be directed to paymentservices@ucsd.edu
      • Financial Information: Entity, Fund, Financial Unit, Account, Function, Program, Location, Payment Amount (amount for check being requested), Project, Task number, Expenditure date, Expenditure type, Award number (if any), Funding source (if any).
  • Validate Chart Strings: you will need to click on Validate Chart Strings button to have oracle system validate the financial information provided.
    • Please note that when you upload the required Visa IPPS supplemental form, the validation resets, we encourage you to upload the PDF first then validate.
  • Add Attachment/Upload: Complete and upload: Visa IPPS supplemental form  
    • Please note that there is a section titled "address where check is to be sent" on the attached form - please enter "HOLD for ISEO pickup"" 
  • Submit
  • If you are ordering multiple checks,
    • After you click submit for a check you ordered, you will be automatically taken to the My Tickets section of Services & Support.
    • Click Get Help & Request Service on the top navigation bar of the page
    • On the left side navigation bar, in the Categories section, select Invoices and Payables
    • Then proceed with the steps listed above again. 
***Reminder: all checks must be issued separately for each fee; as such you must go through these steps for every individual check***

If a scholar is reaching their maximum 6 years of H-1B time, they could be eligible to extend beyond 6 years for any time they have spent outside the U.S. while in H-1B status. This is called recapture.

A Scholar Advisor must first confirm that the scholar can proceed to recapture time. Once the advisor confirms, 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 (PDF).

Questions regarding export control can be directed to:

Export Control Office
(858) 246-3300

Changing from J-1 or F-1 to H-1B often will change the U.S. tax status of the employee. For tax related inquiries, please visit the Tax Resources webpage or send an inquiry to internationaltaxhelp@ucsd.edu.
Expand All

Submit Request via iServices

Expand All

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.

Note:

List below is for quick reference. Required documentation must be uploaded to iServices by the Scholar and Department Contact. See Scholar iServices instructions page and Department iServices instructions page for detailed instructions.  
*Any evidence in a foreign language must include a a translation and certificate of translation, translation does not need to be completed by official translation company** 
All H-1B Initial/Extension/Amendment Requests:
  • 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)

If clinical appointment
  • 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

Initial Requests

An initial request is any new H-1B request at UC San Diego. Recharge payments and check requests must be completed prior to submitting the request via iServices.

Amount Type of Fee Description of Fee (effective 09/01/23)
$3,126 Recharge Service Fee
$460 Check

I-129 Petition Processing
$500 Check Fraud Detection and Protection

Additional fees that may be required with an initial H-1B request:

Amount Type of Fee Description of Fee (effective 09/01/23)
$876 Recharge Rush Processing Fee
$2,805 Check

Premium Processing

Required for New H-1B petitions due to lengthy USCIS processing times
Extension/Amendment Requests

An extension/amendment request must be currently on a UC San Diego sponsored H-1B. Recharge payments and check requests must be completed prior to submitting the request via iServices.

Amount Type of Fee Description of Fee (effective 09/01/23)
$3,126 Recharge Service Fee
$460 Check

I-129 Petition Processing

Additional fees that may be required with extension/amendment H-1B requests:

Amount Type of Fee Description of Fee (effective 09/01/23)
$876 Recharge  Rush Processing 
$2,805 Check

Premium Processing

Recommended, but optional for Extension/Amendment Requests

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. 

Additional considerations for extensions and amendments:
  • 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.  

To submit an H-1B request, follow the instructions on iServices webpage.

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.

Expand All

USCIS Receipt and Approval Notices

Expand All

An H-1B receipt notice includes the category being requested, employer name, beneficiary name, fees paid, and receipt number. USCIS mails the receipt notice to our office for our records. 

The Scholar Advisor will provide the department the H-1B receipt notice via email for extension/amendments who will need to use the receipt notice as evidence of a timely filed petition for continued employment authorization for 240 days beyond current H-1B.

An H-1B approval notice includes the category being requested, employer name, beneficiary name, receipt number, I-94 (if in the country) and employment validity period. Any H-1B request approved for consular notification DOES NOT grant employment authorization until the prospective H-1B employee enters the country in H-1B status and receives an I-94.

USCIS will mail the approval notice to our office. Upon receipt of physical approval notice the Scholar Advisor will contact the department and scholar via email with instructions regarding H-1B status and how to obtain the physical approval notice.

We offer multiple options to receive an original approval notice via FedEx shipping and in person pickup, see our Pickup and Shipping instructions. We recommend faculty and scholars pick up the H-1B approval notice in person if possible. If you would like to have the original H-1B approval notice shipped to you, however, we can do so, but will need a pre-paid FedEx shipping label provided by the department or eShipGlobal FedEx label paid for by the scholar and provided to us.

Disclaimer: ISEO is not responsible for lost original immigration documents during transit.
Should the H-1B approval notice be lost in transit, USCIS charges $465 for a replacement I-797A approval notice and it can take approximately 3 months for replacement.
Expand All

H-1B Maintaining Status, Completion, Departure or Separation

Expand All

Notify Sholar Advisors of any significant changes prior to any of the following changes:
  • Department
  • Job title
  • Substantial salary change
  • Change of worksite(s)
  • Reduction in employment hours

Our office sends out automatic email alerts to remind scholars and departments that an H-1B expiration is approaching.

The department or scholar must notify us of an early separation or departure via iServices. Upon submission, you and the faculty/scholar will receive an email confirming the date of completion/separation along with helpful resources about traveling and filing taxes.

Scholars/Departments are obligated to notify our office if an H-1B employee is separated or has departed from employment prior to the end date initially requested on the H-1B petition. Until the H-1B petition is officially withdrawn with USCIS, the department remains legally liable for paying the H-1B's salary regardless of who initiated the separation.

If the department initiated an H-1B's separation from employment or appointment not renewed before the end of the authorized period of H-1B employment on the H-1B approval notice, the department must offer to cover the reasonable cost of return transportation to the employee's home country (this does not include dependents); see Early Termination Memo. 

Our office will contact USCIS to withdraw the H-1B using the information provided in iServices. 

H-1B employment authorization is valid until the end date listed on the H-1B approval notice (Form I-797) or, if employment ends earlier, until the last day of employment. Once employment ends, authorization to work in H-1B status ceases immediately.

While employment authorization ends on the H-1B approval notice end date or the last day of employment, individuals may be eligible to remain in the U.S. under a grace period, depending on their circumstances.

Grace Periods for H-1B Scholars

  • 10-Day Grace Period
    • H-1B scholars and their dependents may be granted a 10-day grace period at the end of their H-1B validity period ends. If granted, this period will be reflected on the most recent I-94.
      • The 10-day grace period is discretionary; CBP or USCIS determines whether to issue this grace period.
      • Scholars should verify their I-94 record to determine if this period applies.
      • Employment is not permitted during the grace period.
  • 60-Day Discretionary Grace Period
    • If H-1B employment ends before the end date on H-1B approval notice, scholars may qualify for a 60-day grace period (or until the H-1B end date, whichever is shorter) to:
      • Secure a new employer to file an H-1B transfer (PORT)
      • Apply for a change of status
      • Depart the United States
    • Key Considerations:
      • The 60-day grace period cannot extend beyond the H-1B petition’s end date.
      • H-1B employment is not permitted during the grace period.
      • The 60-day grace period is granted at the discretion of U.S. Citizenship and Immigration Services (USCIS), meaning that officers reviewing future immigration benefit application/request will determine whether its use was appropriate. For this reason, we encourage scholars to maintain documentation confirming their last day of H-1B employment, as well as documentation explaining the reason the grace period was needed—such as a termination letter, layoff notice, or resignation email—in case USCIS later questions its use.

Scholars considering use of the 60-day grace period should consult a Scholar Advisor to confirm eligibility and review available options by visiting  icontact.ucsd.edu. Scholars or departments must also notify the ISEO Scholar Services Team upon conclusion of their UC San Diego appointment by completing an H-1B Early Departure Request through iServices. 

Expand All