This section provides a brief overview of key issues that supervisors and departments should be aware of as they consider H-1B sponsorship. Please maintain open communication with OIS if there are any questions or changes to the terms of employment of your H-1B employee(s).
Wages
H-1B employers are required to demonstrate that they are paying either the prevailing or actual wage to their H-1B employees, whichever is higher. The actual wage is the what the university pays similarly situated workers (individuals with the same job title and similar job duties).
The prevailing wage is based upon salary survey data provided to the US Department of Labor. UMB prevailing wages are taken from a separate DOL database for university salary surveys. OIS staff will contact you if the offered salary does not meet the H-1B wage requirements.
Payment of Fees Associated with H-1B Sponsorship
All filing fees for H-1B petitions must be paid by the sponsoring department. Under no circumstances can the payment of fees be reimbursed or otherwise paid for by the H-1B employee.
Termination of H-1B Employment
The hiring department is responsible for the costs of reasonable return transportation to the employee’s country of citizenship or last country of residence if the supervisor terminates the employment relationship before the expiration of the H-1B petition. The department is not obligated to cover return transportation costs if the H-1B employee resigns.
It is very important for the sponsoring department to notify OIS if an H-1B employee is no longer employed by the university. OIS staff will withdraw the H-1B petition and LCA after the employment end date to release the university from the requirements to pay the H-1B employee’s salary. Complete the "Employee Resignation & Termination" e-form under the "Active Employee/Scholar Reporting" link in Sunapsis.
H-1B Date Selection
Many questions arise about selecting start and end dates for H-1B petitions. Date selection is a very important part of the H-1B process.
Start Date
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In the case of employees who are not currently employed by UMB, whether outside the United States or inside the United States working for another employer, the H-1B start date should be the start date of the academic appointment, or the hire date for staff positions. In selecting the employment start date, departments should factor in the time it takes to obtain receipt notices and/or approvals by consulting the H-1B Start Date and Request Submission Timeline.
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In the case of employees currently working for UMB, the start date is usually the day after the current work authorization expires.
End Date
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We can generally request up to three years for an H-1B petition. H-1B status is limited to six years. OIS will review the documentation submitted with the H-1B request to determine how much time is available to a prospective H-1B employee.
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For grant-funded positions, departments should consider funding expiration dates when requesting end dates. If the University terminates the employment before the expiration of the H-1B petition, the employing department is responsible for providing return transportation abroad for the employee. The employing department is required to notify OIS staff if employment is ended before the H-1B expiration date using the "Employee Resignation & Termination" e-form in Sunapsis.
Changes in the Terms of Employment
The H-1B is employer-specific, job-specific, location-specific, and salary-specific. If there are any changes to the job title, job responsibilities, salary, and/or the location of the employment, please complete the "Employment Amendment Questionnaire" under the "Active Employee/Scholar Change Reporting" link in Sunapsis.
