On this website, you will find the necessary steps for hiring a foreign national on the H-1B visa.

You may contact Maria Corcuera (mec3@rice.edu) or Andy Meretoja (thm1@rice.edu) from the Office of International Students & Scholars, or Megan Keener (megan.keener@rice.edu) from Human Resources, for questions concerning Rice University's visa process.

H-1B

H-1B Quick Facts

What is an H‐1B visa?

• Temporary work visa for specialty occupations requiring a minimum of a bachelor’s degree
• Visa belongs to the employer (Rice) and the work authorization is specific to the position, job duties, work location, and work schedule (full-time or part-time)
• Salary to be paid must meet the "prevailing wage" based on job duties and job location (geographic area where H-1B worker will be working)
• Valid for up to six years; approvals can be issued by U.S. Citizenship and Immigration Services (USCIS) in increments of up to three years
• Extension beyond six years may be possible if the individual is applying for permanent residency and has reached a specific status within the permanent residency application process, or if the individual has spent significant time abroad during the six years on H-1B visa
• For corporate employers, there is a quota limit on the number of H‐1B visas granted within a year; universities are exempt from this quota

Responsible Offices at Rice

The Office of International Students & Scholars (OISS) and Human Resources (HR) work together to support the H-1B process at Rice. HR is the signatory office for the USCIS Form I-129.

Rice contracts an external immigration law firm, Foster, to prepare and file the H-1B petitions.

Government Agency Involvement

• Department of Labor (DOL) – governs wages, recruiting, and compliance
• United States Citizenship & Immigration Services (USCIS) – adjudicates petitions, collects data, and issues immigration benefits
• U.S. Department of State (DOS) – manages U.S. embassies and consulates that issue entry and travel visas
• U.S. Customs and Border Protection (CBP) – determines status eligibility at the U.S. port of entry

H-1B Costs/Fees

Only the first item, “H-1B, standard petition,” applies to all cases. The other costs depend on the requested services and case-specific circumstances.

Process	Legal Fees	USCIS Filing Fees	Additional Expenses
H-1B, standard petition	$2,500	$460 – Form I-129 $500 – Anti-Fraud Fee (not required for extensions or amendments	FedEx and copies (actual cost); *$100 – Credential evaluation by vendor if the beneficiary has a foreign degree that needs to be evaluated; *$1,000 – Expert opinion, such as to evaluate if foreign education/training is equivalent to a U.S. degree
Premium Processing	$300	$2,965	FedEx and copies (actual cost)
Response to USCIS Request for Evidence or Notice of Intent to Deny, if issued	$300 - $3,000, varies based on complexity of request	N/A	FedEx and copies (actual cost)
Withdrawal of H-1B	$300	None	FedEx and copies (actual cost)
Analysis of H-1B eligibility or wage	$350	None	N/A
H-4 Dependent	$750	$470	FedEx and copies (actual cost)
Consultation with attorney	$350	None	N/A

Currently an additional $100,000 fee applies to H-1B petitions filed for individuals who are coming to Rice from abroad. This fee does not apply to change of status or change of employer petitions filed for individuals already in the U.S.

Please note that all of the H-1B expenses should be paid by the employer, i.e., the hiring department.

The employee can only pay for expenses related to their H-4 dependent and, under some circumstances, premium processing.

University Funds for Postdoc H-1Bs at Rice

In order to support critical research through Postdoctoral positions, there is a fund to help pay for some of the H-1B expenses. This fund is sponsored by the Office of the Provost, and co-administered through the Office of International Students & Scholars (OISS) and the Office of General Counsel (OGC). Since the funds are limited, they are used on a first-come, first-served basis, while available.

Eligibility for Central Funds

In order to qualify for the Central Funds

1. Both the employee and the hiring department should have a commitment for the employee staying at Rice in a postdoctoral position for at least 12 months into the H-1B approval period. If the employee does not complete one year of postdoctoral employment under Rice’s H-1B sponsorship, the department will be responsible for reimbursing the H-1B fees on a prorated basis.
2. The employee must first exhaust their other reasonably available options for work authorization. This includes using the full five years of J-1 Research Scholar status, or the full eligibility for F-1 OPT or STEM OPT, as applicable.

For questions regarding the eligibility criteria for these Central Funds, please contact Maria Corcuera (mec3@rice.edu) or Andy Meretoja (thm1@rice.edu) at OISS.

What is covered by Central funds

If approved, the Central funds will cover the standard H-1B expenses, as listed in the first line item in the “H-1B Cost/Fees” section above:

• Form I-129 filing fee
• Anti-Fraud fee
• Standard legal fees
• Additional expenses for FedEx and copies

In addition, Central funds extend to the following:

• Standard filing and legal fees for any H-4 dependent petitions filed concurrently with the H-1B petition
• H-1B withdrawal cost, if the employment ends after at least one year but before the H-1B approval validity date

What is not covered by Central funds

The hiring department is responsible for all additional costs, including:

• Premium processing fees (may also be paid by the employee)
• Cost associated with a response to a Request for Evidence issued by USCIS
• Additional fees, if a credential evaluation, expert opinion, or other additional services are required

Processing Times

When initiating an H-1B request, it is important to note that there are multiple required steps, many of which cannot be expedited. Therefore, the requested start date for the H-1B should be at least 8 weeks in the future for individuals currently in the United States, and for cases where premium processing is used.

The preparation of the H-1B petition typically takes 2-4 weeks. This time is required for the law firm to gather information and complete all necessary forms.

Once the petition is filed with USCIS, the adjudication process can take several months. Estimated processing times, based on the time in which 80% of cases are completed, can be viewed at https://egov.uscis.gov/processing-times. For H-1B processing times, select Form I-129.

If premium processing is utilized, USCIS should take action on the petition within 15 business days.

Employees coming from abroad may require additional time for consular visa processing.

When Can Employment Begin at Rice?

Employment eligibility depends, in part, on the employee's current circumstances.

In the U.S.?	Current visa status	Employment can begin:
Yes	Status other than H-1B, without general work authorization (e.g., J-1)	When the H-1B Approval Notice is received from USCIS.
Yes	Status other than H-1B, with general work authorization (e.g., F-1 OPT)	Employment may begin using existing, general work authorization while the H-1B application is pending. If the existing work authorization expires before the H-1B is approved, employment must stop until the H-1B Approval Notice is received from USCIS.
Yes	H-1B	Due to H-1B "portability," employment can begin when USCIS receives Rice’s H-1B petition.
No	N/A	The employee can apply for an H-1B visa at a U.S. Consulate once the H-1B Approval Notice is received from USCIS. They can begin employment once they have entered the U.S. and are within the validity dates of the Approval Notice. (Exception: Canadian citizens do not require a visa.)

H-1B Process

Initiating the H-1B Visa Process

Step 1: Identify an employee who requires H-1B sponsorship. Departments are welcome to consult with OISS to determine that the H-1B is the appropriate visa option. At times, additional consultation with the external law firm may also be necessary.

Step 2: Hiring department initiates the "HR/OISS - H-1B Initiation" form, available via Adobe Sign. Make sure to select the form from Workflows instead of Templates to ensure correct form routing. The employee’s resume or CV and the job description must be uploaded to the Adobe Sign form.

The position specifics on the initiation form will be used to complete and certify the Labor Condition Application (LCA). It is essential that all details, including the work hours and location(s), are listed correctly at the initiation stage, so that the LCA is also accurate. The work authorization granted with the H-1B approval will only apply to the position as specified on the LCA.

Step 3: The hiring department initiates the Export Controls Form via a webform. After the form is submitted, the Export Control team will reach out to the hiring manager to perform the risk assessment. For any questions about the process, please reach out to rsec@rice.edu.

Once the Export Controls process is complete, the Office of Research Security and Export Controls will notify HR and OISS. Please note that HR will hold off on approving the H-1B Initiation form until the Export Controls confirmation is received.

Labor Condition Application (LCA)

Once the immigration law firm receives the initiation request, they will reach out to the employee directly to collect the required information and documents.

The law firm will also obtain the prevailing wage for the position. If the prevailing wage is higher than the offered salary, the hiring department will need to agree to pay the prevailing wage before the H-1B case can move forward.

The law firm will prepare the Labor Condition Application (LCA) and the Notice of Filing of LCA, which HR is required to post for 10 business days.

Once the Notice of Filing of LCA is posted by HR, the law firm will file the LCA with the U.S. Department of Labor (DOL). According to DOL regulations, it may take 7-10 business days for the LCA to be certified. This step cannot be skipped or expedited.

The LCA is based on the employment specifics provided by the hiring department on the H-1B initiation form, so it is essential that all details, including the work hours and location(s), are listed correctly at the initiation stage, so that the LCA is also accurate.

Once certified by DOL, a copy of the LCA is provided to the employee.

H-1B Petition Filed with USCIS

Once the LCA is certified by DOL and the employee has provided all required information and documents to the immigration law firm, the law firm will finalize the H-1B petition and send it to HR for signatory review.

The signed petition is filed with USCIS by the immigration law firm. New employees who are already in the U.S. in H-1B status and qualify for their H-1B to be "ported" to Rice, are eligible to begin Rice employment at this time, although in many cases it can still be beneficial to wait for the USCIS Approval Notice.

Without premium processing, the USCIS adjudication process can take several months. Estimated processing times, based on the time in which 80% of cases are completed, can be viewed at https://egov.uscis.gov/processing-times. For H-1B processing times, select Form I-129.

If premium processing is utilized, USCIS should take action on the petition within 15 business days.

Approval Notice & Final Steps

Once USCIS adjudicates the H-1B petition, they will issue an I-797 Approval Notice. This document serves as the work authorization for the specific position for which the H-1B was filed.

If the H-1B was filed and approved as a change of status for an individual already in the U.S., the Approval Notice will include an updated I-94 record, confirming H-1B status.

If the H-1B was filed for consular processing (or USCIS approved the H-1B petition but denied the change of status), the individual will need to apply for an H-1B visa at a U.S. consulate abroad and re-enter the country in order to gain H-1B status before they can use the H-1B approval as their work authorization.

As a standard practice, Rice files all H-1B petitions requesting the maximum duration allowed by USCIS, which is 3 years (or until the end of the 6-year H-1B eligibility, if applicable), regardless of the end date of the employee’s current Rice appointment. This helps minimize the need for costly H-1B extensions. Please see the “Termination of Employment Prior to the H-1B End Date” section below for more information.

H-1B Extensions

An H-1B extension process is largely the same as filing for an initial H-1B. Here are the key differences:

1. The $500 Anti-Fraud fee is only required for initial H-1B petitions and is not required for extensions.
2. A timely filed H-1B extension petition (i.e., extension filed before the expiration of the previous H-1B Approval Notice) provides an automatic 240-day extension of work authorization.

The maximum H-1B eligibility period is generally 6 years. However, there are some exceptions to this limit:

One-Year Extensions
Extensions may be available in 1-year increments if the employee has reached a specific stage of a permanent residency process. Specifically, if they have filed a Form I-140 or a Labor Certification request at least 365 days before reaching the 6-year maximum of H-1B validity.

Three-Year Extensions
Extensions may be available in 3-year increments if the employee has an approved Form I-140, but is not yet eligible to file for Adjustment of Status (final step of the permanent residency process) due to country quotas.

Recapture of Time Abroad
If the employee has spent significant time abroad during their H-1B approval period, this time may be recaptured at the end of their 6-year eligibility period.

For more information on these options, please see the "H-1B Admission Duration" section at https://www.uscis.gov/archive/faqs-for-individuals-in-h-1b-nonimmigrant-status.

H-1B Amendments

When Must an H‐1B Visa be Amended?

The work authorization granted with the H-1B approval will only apply to the position as specified on the Labor Condition Application (LCA), based on the information provided on the initiation form. Therefore, it is essential that all details, including the work hours and location(s), are listed correctly.

If there is a “material change” to the position after the H-1B is approved by USCIS, an H‐1B amendment may be required. The hiring department should contact Megan Keener (megan.keener@rice.edu) at HR as soon as a change is being considered for an H-1B employee.

For position changes that require an H-1B amendment, it is important to note that the amendment must be filed with USCIS before the position change can go into effect!

Examples of some “material changes” that require an H‐1B amendment include:

• Change in work hours
• Change in job duties, including adding additional work duties (e.g., teaching a course if teaching was not part of the original H‐1B petition)
• Change in geographical work location, including additional worksites
• Decrease in salary

An H-1B amendment process is largely the same as filing for an initial H-1B, except that the $500 Anti-Fraud fee is only required for initial H-1B petitions and is not required for amendments.

H-1B Request Form

The H-1B request form is available in Adobe Sign under Workflows. It is titled "HR/OISS - H-1B Initiation." Make sure to select the form from Workflows instead of Templates to ensure correct form routing.

Initiating the form

Please update the Document Name with the scholar's information ("HR/OISS - H-1B Initiation - LastName, FirstName").

For correct form routing, enter the hiring supervisor and department chair's emails in the appropriate fields.

OISS and HR are automatically included in the workflow and these fields cannot be edited.

Please enter the employee's email in the CC field. You are welcome to add any additional email addresses to receive the final, completed form, but please make sure NOT to remove RiceImmigration@FosterGlobal.com or OGCbilling@rice.edu from the CC field.

At the start of the form, you will be asked to indicate if you are submitting an initial, extension, or amendment request:

Initial: First H-1B petition at Rice. Use this option even if the individual is currently in H-1B status with a different employer.
Extension: Current Rice H-1B holder with an upcoming H-1B Approval period expiration.
Amendment: Current Rice H-1B holder with upcoming changes to their position that require an amendment.

Beneficiary information

General information about the beneficiary (i.e., the H-1B employee) includes their name and email address, as well as their current U.S. visa status and expiration date of their status or current work authorization, if applicable. You will also be asked to indicate if the beneficiary is a current Rice employee.

Position information

The position specifics entered on the initiation form will be used to complete and certify the Labor Condition Application (LCA). It is essential that all details are listed correctly at the initiation stage, so that the LCA is also accurate. The work authorization granted with the H-1B approval will only apply to the position as specified on the LCA.

Required information includes:

Job type and title

Salary and hours per week

The salary entered is the amount Rice is required to continue to pay until the H-1B expires or is revoked.

Job duties as listed in the job posting

Please enter 4-6 robust job duties that begin with action verbs.

Minimum degree requirement and required education fields as listed in the job posting

Please note that the beneficiary must have the required degree conferred in order for the H-1B petition to be filed.

Requested H-1B start date

This may not be the same as the employment start date, if the beneficiary is already working at Rice with a different work authorization.

The requested H-1B start date should be at least 8 weeks in the future. Employees coming from abroad may require additional time for consular visa processing. In addition, the H-1B petition cannot be filed with USCIS more than 6 months before the requested H-1B start date.

Work location(s)

H-1B approvals are location-specific and only permit work at the approved site(s). In addition, the work location may affect the salary. Therefore, it is essential that all possible work locations are provided when an H-1B request is initiated.

When completing the H-1B request form, a worksite is any location where the employee may work, including when telecommuting or working from home, or a third-party worksite. If telecommuting, working from home, or working from a third-party worksite is permitted, enter the complete address for each location. Please also indicate whether it is a home or third-party worksite address, and, if temporary, the anticipated dates of work at that address.

For example, if someone will work remotely from their previous home at another state for the first two months and then relocates to Houston for on-campus work at the primary worksite, list the Primary Worksite for on-campus work and then for the Additional Worksite, provide the complete address, write “beneficiary’s home”; and include the dates of employment by month, day, and year. As a reminder, the required salary may change based on work at that location for that period of time.

Supporting documents

The beneficiary's CV and a copy of the job posting/job description are required when initiating an H-1B.

For faculty hires, if you are planning to pursue permanent residence, you may also upload the President’s letter to allow Foster to advise on an appropriate timeline for PERM filing.

Finally, you will be asked to confirm that the Export Controls process is underway. For more information on this process, please see the "H-1B Process" section above.

Funding information

In the cost section, you will see the cost information for the H-1B process. For postdoc positions, you can also request Central funds support in this section.

The following financial responsibilities must be specified:

Premium processing

You can indicate if premium processing is requested and who will be responsible for the cost.

H-4 dependents

You can indicate if dependent processing is needed as part of the petition, and who will be responsible for the cost. For cases where Central funds are approved, they extend to cover H-4 dependent expenses as well.

Department funding source

Make sure to enter this information correctly. The funding source information is required even if Central funds are requested, in case they are denied. In that case, OISS will reconfirm with the department if they wish to move forward with the process before advancing the H-1B request form through the workflow. Any questions related to invoice payment based on the provided funding source information should be addressed to OGCBilling@rice.edu.

Signatures

After initial submission, the Adobe Sign workflow will collect signatures from:

Hiring supervisor

The hiring supervisor must confirm that the position information entered on the form is accurate.

Department Chair/Head

The department head must confirm department funds and the shared compliance responsibility.

Termination of Employment

If an H-1B employee ends their employment either voluntarily or involuntarily prior to their H-1B Approval Notice end date, Rice must work with the immigration law firm to revoke the H-1B.

As a standard practice, Rice files all H-1B petitions requesting the maximum duration allowed by USCIS, which is 3 years (or until the end of the 6-year H-1B eligibility, if applicable), regardless of the end date of the employee’s current Rice appointment. This helps minimize the need for costly H-1B extensions. However, per Department of Labor regulations, payment obligation continues for the entire period listed on the Labor of Condition Application (LCA), even if the individual is no longer rendering services, unless the H-1B is revoked.

Therefore, revoking the H-1B is an important part of the process when employment is terminated, and departments are required to notify Megan Keener (megan.keener@rice.edu) at HR.

The hiring department is responsible for the legal fees associated with the H-1B withdrawal. For postdoc positions approved for Central funds, Central fund support extends to covering the withdrawal costs.

Offer of return transportation

If Rice terminates the employment before the H-1B Approval end date, the department is required to offer to pay for “reasonable cost of transportation” to the employee’s last place of foreign residence. This offer is not required, if the employee voluntarily resigns from their position.

The offer of return transportation should be made in writing. The employee’s response to either accept or decline the offer should be secured in writing as well.

Key Contacts for H-1B Processing

Human Resources – 713-348-2514

Megan Keener – megan.keener@rice.edu

Office of International Students & Scholars – 713-348-6095

Maria Corcuera – mec3@rice.edu
Andy Meretoja – thm1@rice.edu