Process Overview

Requesting H-1B Status

At Northern Kentucky University, H-1B petitions are prepared by Dinsmore & Shohl LLP on behalf of departments interested in hiring an international applicant or continuing the employment of an individual who needs to change from a current or expiring work eligible status to this work eligible status. When the determination is made that H-1B status is appropriate for the individual and the department, Dinsmore & Shohl will:

• Request information from the department and the individual;
• Seek a determination that the salary offered meets the “prevailing wage” for similar workers in this geographic area of the employment;
• File a Foreign Labor Certification Request with the U.S. Department of Labor, and, upon approval of the request;
• File the Petition and fee/s with USCIS to classify the individual as a temporary worker in the specialty occupation;
• Request that the individual be authorized to seek an H-1B visa at a U.S. Embassy or Consulate abroad OR, if the individual is physically present in the U.S. and is eligible for a change of nonimmigrant status, be granted H-1B status for employment at NKU. The process is the same for H-1B extension requests.

An H-1B petition may be filed up to six months prior to the start of employment. Considering the processing times involved, it is recommended that ISSS receive any requests six to seven months prior to the intended start date.

If a petition must be submitted close to the time of intended employment, expedited processing can be requested with a USCIS Premium Processing fee of $1410. When the petition with the additional fee is submitted, Premium Processing guarantees adjudication within 15 days, unless USCIS requires a security check.

If the employee is outside the U.S., adequate time must also be allowed to obtain an H-1B visa at a U.S. Embassy or Consulate. The visa application process varies from country to country, as does the time it takes for the visa to be issued.

Dependent Information

The dependents (spouse and unmarried children under the age of 21) of individuals in H-1B status are eligible for H-4 status. Dependents of the H-1B may submit an application for H-4 dependent status at the same time the application for H-1B status is submitted.

Individuals in H-4 status may study but they may not work, unless they have an EAD. Individuals in H-4 status may qualify for an EAD based on a pending green card application by filing a form I-765.

Fees