H 1-B Definition: The H-1B visa is an employment based non-immigrant visa for an international coming temporarily to the USA to perform services in a specialty occupation. It may be thought of as a work visa for professionals. It may be granted to a non-US resident who has been offered a professional-level position in the United States. It is very important for the Department Head to understand the U.S. laws and regulations related to an H-1B status before submitting an H-1B Request to the International Students and Scholars Services Office.
Qualifications: The individual must have a minimum of a bachelor’s degree or higher which qualifies him/her for the position. Note: After an offer is made and verbally accepted, the Department should determine the current or potential work authorization that the candidate possesses, as well as verification of a completed Ph.D. and dissertation. The H-1B beneficiary must be a professional or otherwise possess highly specialized theoretical and practical knowledge which relates to the position offered.” Only tenure-track positions will be considered for the H-1B in Academic Affairs. The H-1B process should begin only after an official job offer has been made. Any variations or alterations of this policy must be approved by the Chancellor and the VCAA.
Positions that are not tenure-track faculty positions will not be approved for a permanent residency petition beyond the H-1B temporary visa at Purdue University Calumet. Before processing is begun on any non-tenure track position for H-1B or J-1 visa, the approval form that is included in the website must be signed and submitted to ISS.
Note: ISS will assist with guidance in the preparation of these documents and attestations.
- Document the appropriateness of the wages paid, the duties and responsibility of the position to be filled and the qualifications of the employee who will fill the position. This is the actual wage.
- Must file a Labor Condition Application (LCA) with the Department of Labor (DOL) following the regulations set by DOL. On the LCA, the employer attests that it will:
- Pay the H-1B beneficiary the actual or the prevailing wage whichever is higher. (The prevailing wage is determined by the National Prevailing Wage and Helpdesk Center, Department of Labor). The employee will receive the same benefits as a U.S. employee. The prevailing wages will be the average wages of persons similarly employed in the same geographic area, as determined by the Department of Labor.
- Ensure that employment of the H-1B beneficiary will not adversely affect the working conditions of workers similarly employed in the area of intended employment.
- Post the LCA in two conspicuous locations at the place of employment.
- Maintain a public inspection file with copies of the LCA, prevailing wage and actual wage information obtain from the department and the prevailing wage source and the posted notices. This Public Access File is kept in ISS at the West Lafayette campus and in the office of IPO at Purdue University Calumet…
- File the I-129 petition with supporting documents with the USCIS Service (CIS). On the I-129, the employer attests that if employment is terminated prior to the expiration of the authorized period of stay, the department will pay the H-1B beneficiary’s return trip home.
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