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International Services and Engagement Office ISEO
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  4. H-1B Prearrival Information

H-1B Prearrival Information

H-1B Overview

H-1B status is for internationals in a "specialty occupation" that requires "theoretical and practical application of highly specialized knowledge" and a Bachelor's or higher degree. H-1B petitions are employer-sponsored petitions, and ISEO has the sole authority to represent UC San Diego in filings with the U.S. Dept. of Homeland Security.

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.

Departments may initially petition for up to three years of employment and later request extensions to total six years. You may be able to extend your H-1B status beyond the six year limit, if you have an approved I-140 immigrant petition and are not able to file an adjustment of status petition due to visa bulleting backlog. Time spent outside the U.S during the six years of H-1B can be recaptured.

H-1B appointments must be full-time and fully salaried (stipends not allowed). 

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, or from research to clinical care.  A normal stepwise progression within an employment series (e.g. Assistant Project Scientist to Associate Project Scientist) will not require an amended petition.

Pre-Arrival Checklist

Step 1: Complete New H-1B Request in iServices

Getting Started

  • Your department must start the New H-1B Request for you. After they begin a request, you will receive a welcome email from ischolars@ucsd.edu with iServices login instructions. You will be able to see the request in progress on your iServices homepage.
  • Important! 
    • International travel while changing status to or porting an H-1B can require very precise planning. Making your advisor aware of all potential travel plans will help us best advise you and ensure that you have a smooth transition to your H-1B appointment at UC San Diego. Undisclosed travel plans can have repercussions for changing status, porting, or traveling internationally during this process. 
  • Review the iServices Instructions page for technical assistance.

Complete the Request in iServices

  • After you login and click into the New H-1B Request on your homepage, you must complete all eforms listed under the 'To Be Completed by Scholar' heading.
  • Required Documents:
    • Passport biographical page
    • Degree or diploma of your highest degree earned
      • If degree not in English, Translation 
      • If field of study not noted on degree, Transcripts
      • If this is a non-US degree, Credential Evaluation
    • CV or biosketch 
    • If currently inside the U.S.
      • I-94 Record for most recent entry to the U.S.
      • Visa for most recent entry to the U.S. (except Canadians) 
    • If currently in a paid position, your last three earnings statements 
      • Please note: we may ask for updated pay statements prior to filing the H-1B request, depending on timing
    • 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 ever issued to you
      • 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 (front and back)
  • Documents for Clinical Appointments 
    • 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 ISEO with 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 ECFMG
      • GME exception to policy allowing for H-1B/E-3 sponsorship
  • Translations:
    • Any document not in English will require a translation and translator’s statement certifying that they are competent to translate the document from that language to English and that the translation is a thorough translation of the entire document.
    • Does not need to be completed by an official translation company. However, the translation statement cannot be signed by the PI, scholar, or a family member as it could be seen as biased by an officer.

Processing Time

  • After you complete all forms, your department needs to submit the final eforms to ISEO. If you have questions on their progress, reach out to your department contact.
  • Standard Processing:
    • 4-8 weeks from submission of complete request
    • The Labor Condition Application (a required part of each H-1B request) can be submitted no earlier than 180 days in advance of the start date. If we receive your H-1B application well in advance, we will let you know roughly when we will be able to file the LCA and continue processing.
  • RUSH Processing:
    • Rush processing is required for an H-1B requests with a start date that is less than 3 months from the date we receive the completed application
    • We will make all efforts to submit your H-1B request in a timely manner. However, the H-1B process requires several steps, including with the Department of Labor and USCIS. Some of these processes, such as the Labor Condition Application, cannot be expedited

Step 2: Receive and Review your Form I-797 Approval Notice

Pick-up your I-797 Approval Notice

After USCIS approves the H-1B petition, they will send ISEO an I-797 Notice of Action Approval. ISEO will email you and your department contact when we receive the original approval notice from USCIS. Follow the instructions in the email to pick-up your original approval notice from ISEO.

Review your I-797

The I-797 represents USCIS approval of your H-1B petition. All of the information on the I-797 approval must be accurate, please review your I-797 and report any errors immediately to ISEO.

If your H-1B petition was submitted as a Change Of Status, Extension, or Port (transfer), then your I-797 will include an attached I-94 record at the bottom.

If your H-1B petition was submitted through Consular Notification, your I-797 will not include an attached I-94 record. You will receive an I-94 after applying for an H-1B visa and entering the U.S. in H-1B status.

Step 3: Complete H-1B Orientation

 

H-1B scholars are expected to comply with U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) regulations in order to maintain valid H-1B status. ISEO provides H-1B orientation to help scholars understand these requirements and access resources that support maintaining status while working at UC San Diego.

H-1B Orientation

H-1B Orientation is provided through Homebase, ISEO’s self-paced online orientation platform.

Access to the orientation is granted through iServices. When an H-1B petition is sent to USCIS, ISEO will email the scholar with instructions to log in to iServices and complete the eForm titled H-1B Scholar Orientation. Scholars must submit this eform in order to be enrolled in the Homebase course. The orientation cannot be accessed directly without completing this step. Scholars will be asked to create homebase login credentials as part of the process to access the orientation materials.

Once the H-1B petition is approved, scholars will receive a follow-up email with helpful information about maintaining H-1B status, employment requirements, important reporting responsibilities, and a reminder to complete the H-1B orientation.

If you have questions after reviewing the materials, please contact ischolars@ucsd.edu.

Step 4: If Outside the U.S. - Apply for a Visa

If you are NOT in the U.S. you will need to apply for an H-1B visa at the U.S. Embassy/Consulate (except Canadians). You will need:
  • Valid Passport*
  • Original I-797 (current H-1B approval notice)
  • Copy of your H-1B petition (including I-129 and LCA)
  • Letter from your employer/sponsoring department certifying continued employment at UC San Diego
  • If you were previously in J status and subject to the 212e Two-Year Residency Requirement, bring your I-612 waiver approval or proof of fulfilling the two-year requirement.

*Please note: If your passport expires before the end date on your I-797 H-1B approval notice, your status end date will be reduced accordingly on your physical or electronic I-94 Arrival/Departure record.

You may face delays, denials, or challenges while applying for a visa or entering the U.S., visit our Visa and Travel Incident Reporting page for additional details on how to navigate these situations.

For those currently in the U.S., please see change of status or transfer-in procedures.

Step 5: Prepare for Arrival

Prepare for Travel

Exchange visitors are not permitted to enter the United States earlier than 30 days before their program start dates. If you need to adjust your program dates, please contact your Department HR Administrator.

Review your Passport and Visa:

If Entering the U.S. via Land Border (NOT Air/Sea):

  • If you are entering via land border you MUST apply for an I-94 within seven days prior to entering the U.S.. There is a $30 application fee. After entry, you can retrieve your I-94 online.
  • If you are entering the U.S. via air or sea you do NOT need to apply for an I-94 prior to your entry. After entry, you can retrieve your I-94 online

 

Prepare for Life in the U.S.

Be Aware of Potential Scams:

  • Be aware of people trying to extort money from you around topics such as Social Security Numbers, housing deposits, and taxes.
  • Learn about protecting your identity and information while in the U.S.: Legal Resources
  • If you are unsure, please contact your department or ischolars@ucsd.edu as we may be able to provide you with the resources to help you determine if you are encountering a scam.

Find Housing:

  • If you are looking for housing options around UC San Diego or would like more information on how to set-up a new home, the housing page has helpful resources on living in San Diego.

Arriving to the U.S.

Los Angeles International Airport (LAX) to San Diego:

Arrival at San Diego International Airport (SAN):

Once you arrive to the U.S., visit our Arriving in the U.S. webpage for arrival instructions.