Information and Forms for the Department

Please see the H-1B overview for a summary of the process.

To begin the process, you must submit the following forms to ISSS.

1. Prevailing Wage Worksheet
2. Actual Wage Determination
3. Departmental Support Letter - click here for a sample letter or an Extension Request letter
4. Part Time Certification form (if employee is less than full time)
5. Send Export Compliance Review Form to the University Research Compliance Office (URCO) - https://www.k-state.edu/comply/research-security/international-visitors/. Be aware that the H-1B petition cannot be filed until this form is processed and signed by URCO and sent to ISSS.

The department is also responsible for the filing fees for the H-1B petition. These fees are as follows:

• $460 and $500 (anti-fraud fee) for all new cases. These must be separate checks.
• $460 for extensions (which are extension requests for those working at K-State in H-1B status)
• $2,805 for Premium Processing

All checks must payable to the Department of Homeland Security. The address for the purposes of requesting the checks is USCIS, P.O. Box 10129, Laguna Niguel, CA 92607. Never send the checks directly to USCIS.

Departments may receive reimbursement for the $460 and $500 fees. In order to request reimbursement, you must submit the following information to the Provost's Office, 108 Anderson Hall. Please note that funds from Foundation accounts cannot be reimbursed.

1. Copy of Payment Voucher or copy of checks with the letter used to request the checks. Employee's name must appear on the payment voucher or letter.
2. Project to which money will be transferred. This should have a 2000 source code.
3. The Organization number.

U.S. Citizenship and Immigration Services (USCIS) has an expedited process available for H-1B petitions. The cost for this is $2,805 in addition to the regular processing fees. This only applies to step 3 of the H-1B process (see the H-1B overview for the summary of the process). When premium processing is requested, USCIS guarantees to take action on the case within 15 working days of receiving the petition. This means that USCIS will either approve the case, request more evidence, or deny the case. If USCIS fails to meet the 15-day guarantee, the fee will be refunded.

The H-1B visa is employer specific. Thus, you will have to obtain an H-1B for your applicant even though s/he may already be in H-1B status with another employer. These cases are considered "new" employment and will require the $500 anit-fraud fee.

Under the "portability" provisions of the law, the employee may begin work with K-State after the H-1B is filed with USCIS and the receipt notice is received by International Student and Scholar Services.

Can we apply for an H-1B for a part-time position?

An H-1B visa can be applied for a part-time position. The Department of Labor (DOL) regulations require employers to keep records of "hours worked each day and each week" for all part-time H-1B employees, regardless of whether or not the part-time employee is paid a fixed salary, and regardless of whether or not the employer currently keeps such hourly records for its other part-time salaried employees. It is the department's responsibility to document these hours and have them available if requested in a Department of Homeland Security (DHS) or DOL audit. A Part Time Certification form is required for the H-1B petition if the position is less than full-time.

If there is any change in the position or location of employment, you must contact our office before any change can occur. Our office will assess whether an amended H-1B petition needs to be filed.