RF H1B1 Processing

H-1B Processing Requirements for Foreign Prospective RF Employees who seek Sponsorship

When requesting the Research Foundation to petition the United States Citizenship and Immigration Services (USCIS) for H-1B status for a prospective employee, please provide the Office of Employment Policy and Practice with the following:

• As H-1B processing involves several steps with the U.S. Department of Labor (DOL) and USCIS, the case should be discussed with RFCUNY at least four to six months in advance of the anticipated start date.
• RFCUNY will determine whether H-1B status is appropriate under the law and regulations.
• If RFCUNY confirms that H-1B status is appropriate, the principal investigator (PI) and the current/prospective employee will be provided with a detailed checklist regarding the required procedure and documentation.
• Moving ahead, a letter from the Principal Investigator/Project Director a requesting that the visa application be processed. This letter must include the details of the position being offered and why the beneficiary is the ideal candidate for the position. Also indicate the length of the intended employment and the amount intended to pay the beneficiary.
• Copy of the Personnel Vacancy Notice (PVN) for the position. If a PVN was not submitted, please include a detailed job description.
• A money order or check in the amount of $320.00 made out to the United States Citizenship and Immigration Services (USCIS) for the application processing fee (Form I-129). In addition, a separate check or money order for $500.00 (an anti-fraud fee) must be made out to the United States Citizenship and Immigration Services (USCIS).
• A separate money order or check in the amount of $1,000 made out to the United States Citizenship and Immigration Services (USCIS) for premium processing. (this payment is optional. However, it ensures that the petition will be “processed” by the USCIS within 15 business days of receipt.)
• If the employee is also filing for his/her dependent family members. She/he is responsible for completing and providing the petition(s) along with the applicable fee ($200.00). The form for dependents, Form I-539, can be found on the Immigration and Naturalization website. In addition to form I-539, include the following for each dependent:
  • Passport pages
  • 1-94 cards (front and back)
  • Social security numbers (if any)
• RFCUNY then completes the application and files the appropriate materials with the DOL and USCIS. In most cases, an employee may begin employment with RFCUNY when the petition has been approved. If the prospective employee is currently in H-1B status with another employer, they may begin employment when RFCUNY receives an official USCIS receipt notice.