Legal Representation
All immigration paperwork on behalf of ETSU must be processed through the Office of University Counsel. Outside attorneys are not authorized to prepare or submit petitions on behalf of ETSU without prior approval of the Office of University Counsel.
Hiring H-1B Workers
The H-1B visa classification is an employment-sponsored visa for foreign nationals who will perform services in a specialty occupation. A specialty occupation is defined as a position that requires at least a Bachelor's degree in a specific field and theoretical and practical application of a body of highly specialized knowledge in order to perform the job duties.
An H-1B is employer and position specific and requires an employer to file applications with the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) in order to sponsor an employee. An H-1B is valid for an initial period of three years, with the option to renew for a total of six years.
Requesting an H-1B
It is the responsibility of the hiring department to reach out to the Office of University Counsel to initiate the H-1B filing process as soon as it becomes aware of the need for a visa. Please allow ample time for processing.
The hiring department is required to pay all costs for H-1B processing. Requests should be sent by the department to meadjb@etsu.edu and should include the job description, salary information, and the requested start date. The request must be approved by the employee’s direct supervisor and the Department Chair.
The H-1B employee may not begin working until the Office of University Counsel has informed the hiring department that all necessary approvals have been received.
H-1B Application Process
The first step is the filing of a Labor Condition Application (LCA) with the Department of Labor. Once the LCA has been certified, ETSU will file an I-129 Petition with USCIS. Processing of the I-129 can take several months. To expedite the I-129, the department can elect premium processing. Premium processing costs an additional $2,500 and shortens the response time for the I-129 to 15 days. It does not guarantee approval.
Sponsorship for Permanent Residence
ETSU may also support permanent resident applications on behalf of employees. A department considering sponsorship of an employee for permanent residence should schedule a consultation with the Office of University Counsel prior to agreeing to such sponsorship.