Requirements

H-1B specialty workers are employed in many positions at Northern Kentucky University as tenure/non-tenure track faculty and research assistants. In order to be considered for H-1B, the position must require at least a bachelor’s degree in a specific field of study. Jobs that don’t require a degree in a specific field (i.e. Liberal Arts or a wide range of fields), do not qualify for H-1B specialty worker status.

Therefore, the NKU position must satisfy one of the following criteria:

• A baccalaureate degree or higher in a specific field of study must be the minimum academic entry requirement for the position.
• The degree must be common among organizations in the industry.
• The particular duties of the position must be so specialized and complex that the knowledge necessary to execute the duties is normally associated with the attainment of a baccalaureate degree or higher.

The individual being hired must be able to demonstrate his/her qualifications for the position offered through documentation of the following:

• A U.S. baccalaureate degree or higher which is specifically related to and required by the specialty occupation.
• Work experience can help fulfill the baccalaureate degree requirement, but the work experience must be directly related to the proposed duties at NKU. In such cases, three years of direct work experience counts for one year of education. A professional credential evaluation must document this equivalency.
• A foreign degree which has been evaluated by an accredited firm or organization to be equivalent to a U.S. baccalaureate degree which is specifically related to and required by the specialty occupation, this is required for all foreign degrees except those obtained in Canada or the United Kingdom.

When advertising the faculty position, departments need to be very specific about the qualifications posted and the language used in the posting. The position must be advertised in an electronic or web-based national journal for at least 30 calendar days on the journal’s web site. The listing must be available to the public without payment of subscription and/or membership charge. At minimum, this advertisement must contain the job title, duties, minimum qualifications, and degree required. Proof of the online posting (printed copies of the online advertisement from the first and last days of advertising) with the date and website must be provided.

NKU must attest that, for the entire period of employment, the wage paid to the H-1B specialty worker will be the greater of:

1. The actual wage rate paid to workers at the place of employment with similar skills and qualifications in the occupational classification in question. When appropriate, factors including education, work experience, job responsibilities and function, specialized knowledge and other legitimate business factors may be taken under consideration to substantiate higher wages paid to similarly situated workers.
   
   
2. The prevailing wage level for the occupational classification in the area of intended employment as established by the U.S. Department of Labor. We are required to pay at least 100% of the Prevailing Wage Determination.

Departments should take care to ensure that the prospective H-1B employee will be paid at least the average of what others in the department with similar duties, skills and qualifications make.

The Prevailing Wage Determination (PWD) will be obtained by Dinsmore and Shohl  once the H-1B request and all supporting documents established are submitted. The Prevailing Wage Determination is obtained from the U.S. Department of Labor. The determination of the wage is based upon a comparison between NKU’s requirements as to the degree, training, skills and work experience and the requirements considered by the U.S. Department of Labor to be normal for the occupation.

The number of employees to be supervised by the foreign national is also a factor in the wage determination. If the department requires additional years of experience above the required degree, the PWD may be significantly higher, depending upon what DOL considers normal for entry level for the occupation in question. DOL processing time varies greatly, from one week to two months.