Hiring someone who requires H-1B status through the University
- employee is coming from abroad: submit as many months in advance as possible; If short‐term (less than 5 months), Premium Processing may be required at an additional cost;
- employee is already at the University in H‐1B status and requires an extension: submit at least 45 days in advance
- employee is with another employer in H‐1B status and will transfer to the University: submit at least 45 days in advance; employee must not stop prior employment before approval from OIA;
Once we obtain H‐1B status for someone
- the employee must obtain (and sign) documents from OIA within 3 days of starting employment
When a new H‐1B employee reports for work on the appointed start date, you must permit him/her to commence employment.
While the H‐1B is employed in your department
consult with OIA before making the following changes in the H‐1B’s employment:
reducing the employee’s hours (requires amendment to petition);
reducing the employee’s annual salary (requires amendment to petition);
grant a leave of absence, even if requested by employee;
discontinuing employment temporarily (e.g., because of lack of funding); and/or
terminating the employment.
you may take the following actions without consulting with OIA:
- increase employee’s salary;
- promote employee to similar job (change of job title is allowable).
When an H‐1B employee leaves
- inform OIA of the employment end date and whether the employee was terminated.
Never provide immigration‐related advisement yourself. Relevant law is complex and changes constantly, and an apparently small fact can change a situation completely. Errors can be very costly for the employee and the University. Please refer foreign employees to our office.
Seek advice. We will be glad to advise you on a situation beforehand to determine what status is needed/appropriate for someone, which immigration issues may be involved in the hire of a foreignnational, which process is needed to obtain a given status, etc.
Send requests early. We can submit a petition six months in advance of the requested start date.
Contact OIA if you are new to making requests. Step‐by‐step assistance is available.
Attend a training course. We offer regular training for HR administrators working with H‐1B, J‐1 and other immigration statuses. To view our quarterly training courses, visit University Administration, International Affairs at the following link: https://internationalaffairs.uchicago.edu/page/training-administrators-faculty-scholars-and-employees
Visit our Web site at: https://internationalaffairs.uchicago.edu. See the link for HR administrators and faculty.