H-1B Summary

The H-1B category was established to accommodate skilled, nonimmigrant workers who come to the U.S. to work in a specialty occupation on a temporary basis. The H-1B category is not classified as an immigrant visa category, although many nonimmigrants use the status as a stepping-stone to permanent residency.

H-1B applications submitted by Wake Forest University are adjudicated by the United States Citizenship and Immigration Services (USCIS). Petitions are filed on the behalf of a beneficiary by Wake Forest University. USCIS rules state that an individual is not allowed to self-petition for H-1B status.

USCIS rules state that an individual may spend a total cumulative period of six years in the H-1B category.

An individual may, however, be eligible to obtain another six-year period if he/she spends a total of one year outside of the U.S. while not in H-1B status.

There are special provisions for further extension beyond the general 6 year limit for some individuals who have reached the six-year limit but who have an application for permanent residence pending with USCIS.

The following is the general application procedure for H-1B employees at Wake Forest University’s Reynolda campus.

For H-1Bs or other employment based visas at Wake Forest Medical Center (Baptist Medical Center, WFIRM, Bowman Gray Medical School) refer to: OfficeofIntlServices@wakehealth.edu

1. Initial Meeting between ISS, department chair (or unit manager), supervisor, and employee (at the discretion of the hiring unit) to review the position specifics, timeline, and determine if the employee qualifies for visa sponsorship.
2. Initial Review of documentation related to the position and background of the employee by ISS and outside legal counsel. 
3. Prevailing Wage Determination to determine if the offered wage meets the minimum Department of Labor prevailing wage for the position. ISS does not review prevailing wage information until it is necessary for the H-1B application.
4. Labor Condition Application (LCA) is required by the Department of Labor to certify the working conditions and wage being paid to the employee.
5. Employer Posts Notices of Intent to Hire in two locations on campus. ISS will post one notice in Reynolda Hall and the hiring unit will post the second notice. Both notices must be posted for 10 business days.
6. Completion of I-129 forms and assembly of evidence to support the H-1B petition.
7. Petition is submitted to USCIS. Once a decision has been made by USCIS, ISS will notify the employee and hiring unit.

If a nonimmigrant is residing outside of the U.S., he/she will be required to visit their nearest U.S. Embassy/Consulate in order to obtain their H-1B visa classification. This classification will not be granted, however, until the application has been approved by USCIS. An intended H-1B nonimmigrant abroad who is waiting for an approval notice from USCIS may not make an entry to the U.S. in another category and then change status once the H-1B is approved.

Approval notices for nonimmigrants currently residing in the U.S. will be mailed to the Wake Forest ISS or BMC Human Resources.

Those nonimmigrants who are subject to the J-1 two-year home residency requirement are not eligible to receive the H-1B classification until they have either fulfilled the requirement or received a waiver or “no objection” letter from the U.S. Department of State. There is a separate application procedure for the waiver that ISS will not assist with this application.

Processing times can be extensive. For typical processing times without premium processing, please see USCIS processing times: USCIS Processing Times.

Employers should take this into consideration when making a decision about a nonimmigrant employee who will be required to commence employment on a certain date. Under no circumstances can WFU employ a nonimmigrant who does not have the proper work authorization from USCIS.

For an additional fee, USCIS offers a special Premium Processing Service. With payment of this fee, USCIS guarantees that all applications filed using this service will be adjudicated within a 15 business-day period. (See fee schedule on H-1B Fee Schedule in below drop-down.)

Wake Forest may apply for a period of initial H-1B status for the nonimmigrant employee that spans from one to three years. The length of initial status is determined by the department, employee’s immediate supervisor, or length of contract.

A nonimmigrant employee currently in H-1B status can have his/her status extended as long as the extension does not surpass the six-year cumulative limit.

Adjudication by USCIS is required for all extension requests. Like the initial petition, adjudication can be a lengthy process. Please see USCIS processing times: USCIS Processing Times.

A request for extension involves submitting a new petition to USCIS for extension.

An extension of status may be granted for a period of between 1-3 years.

ISS should be consulted regarding any international travel. A nonimmigrant currently residing in the U.S. in H-1B status may leave and make a reentry to the U.S. as long as he/she has the following documents when they reach their initial point of entry:

• A passport that is valid for at least six months or longer
• A valid/unexpired H-1B visa stamp in the passport
• Original approval notice (I-797) issued by USCIS for employment at Wake Forest University
• A letter from his/her immediate supervisor that verifies current employment status with WFU and awareness of travel.
• Paystubs for the Last 3 months.

• Travel to Canada or Mexico for 30 days or less
  A nonimmigrant may travel to Canada or Mexico for 30 days or less and make a reentry to the U.S. with an expired H-1B visa stamp in his/her passport. This visa waiver rule also applies to some of the Caribbean islands. This rule, however, does not exclude a nonimmigrant from having a valid H-1B approval notice when he/she reenters the U.S.

The spouse and unmarried minor children of an H-1B principle employee may be classified as H-4 dependents.

• Children aged 21 or older are not eligible for the H-4 dependent classification.
• Dependents can appended to the H-1B petition through the submission of Form I-539 to USCIS.
• H-4 dependents are not allowed to pursue any type of employment in the U.S.
• H-4 dependents are allowed to pursue a full or part-time course of study.

The following are the current fees for processing an H-1B for WFU Reynolda Campus

For costs for H-1Bs or other employment based visas at Wake Forest Medical Center (Baptist Medical Center, WFIRM, Bowman Gray Medical School), contact : OfficeofIntlServices@wakehealth.edu

1. USCIS Form I-129 (H-1B application fee): $460.00
2. USCIS Anti-fraud Fee: $500
3. USCIS Form I-907 (Request for Premium Processing): $2,805
4. Legal Fee: $2,500

Wake Forest University is a non-profit institution of higher learning and is Cap-Exempt for H-1B purposes.

All H-1B petitions filed by the university are not counted as a part of the H-1B annual limit for the U.S., or “cap.” The U.S. government limits the number of H-1B visas that are available to nonimmigrants each year. The annual cap for each fiscal year is 65,000 with an additional 20,000 reserved for those with masters degrees or higher attained in the U.S. WFU is not bound by these limits.