Step 1: UH job offer
Step 2: Determine H-1B eligibility
Step 3: Prepare H-1B request
Step 4: FSIS processing
Step 5: USCIS processing
Step 6: Apply for H-1B entry (employee is outside the U.S.)

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Step 1: UH job offer

The University of Hawaii (UH) may sponsor a prospective employee for H-1B status after a full-time job offer has been formally accepted. That is, H-1B sponsorship may be initiated only if an employment agreement exists between a UH department and a foreign national.

However, because H-1B sponsorship requires substantial departmental institutional resources, work authorization and sponsorship capacity must be evaluated early in the hiring process prior to extending any offers. Once a job offer has been accepted, the department will verify the individual’s eligibility to work in the U.S. If the person does not already have employment authorization for the UH job, the proper authorization must be secured before employment can begin. The H-1B classification may be an option for work authorization if initial institutional eligibility requirements are met.

It is important to note that UH does not classify stipend or fellowship recipients (e.g., postdoctoral associates) as employees. UH cannot seek H-1B classification for non-salaried appointments. Instead, the J-1 exchange visitor classification may be the most appropriate option.

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Step 2: Determine H-1B eligibility

UH units may pursue H-1B sponsorship if the following minimum requirements are met:

• The position must be in a full-time “specialty occupation” that requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor’s degree or foreign equivalent in the specific field; and
• The prospective employee must have the required educational degree or its equivalent in the specific field, experience, and other requirements for the position.

Clinical positions: If the position involves direct patient contact that is not incidental to the duties and the employee is a graduate of a foreign medical school, these additional requirements must be met:

• Passage of one of these exams: Federation Licensing Examination (FLEX) parts I and II, National Board of Medical Examiners (NBME) Parts I, II, and III, or U.S. Medical Licensing Examination (USMLE), Steps 1, 2, and 3;
• Competency in oral and written English shown by passage of an English proficiency exam acceptable to the Educational Commission for Foreign Medical Graduates (ECFMG) (i.e., TOEFL);
• A full and unrestricted license to practice medicine in a foreign country or a degree from a medical school in a foreign country; and
• A license or other authorization required by the state in which the individual will practice or receive graduate medical education or training.

Exemption from H-1B cap

As an institution of higher education as defined in the Higher Education Act of 1965, section 101(a), 20 U.S.C. section 1001(a), UH is exempt from the annual H-1B “cap” or “quota” and may file H-1B petitions year-round.

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Step 3: Prepare H-1B request

After the UH department determines that H-1B classification is appropriate, the H-1B request process may begin. All types of H-1B requests must be submitted to FSIS no later than two months prior to the requested H-1B start date. Submission of a late request may result in an H-1B beneficiary’s inability to start working on time or even the loss of legal immigration status in the U.S. Please note:

• UH can request up to three years on each H-1B petition for a total of six years of H-1B status in the U.S.
• UH can submit a petition to USCIS up to six months prior to the intended H-1B start date.
• Consult with FSIS if the employee is:
  • Planning to travel abroad while the H-1B petition is pending; or
  • An F-1 student whose F-1 status will end more than 60 days prior to the intended H-1B start date; or
  • A J-1 exchange visitor whose program will end more than 30 days prior to the intended H-1B start date; or
  • Subject to the two-year residence requirement after being in J-1 or J-2 status. UH cannot file an H-1B petition.
• Ask the H-1B employee about family members who may require an H-4 change of status or extension, so that FSIS can provide the I-797 receipt notice required for them to file the Form I-539 independently.

H-1B request process

UH colleges/schools/departments/units need to follow each step below to complete and submit H-1B requests to FSIS.

1. The UH sponsoring unit determines the “required wage.”

The required wage is the higher of the actual wage or the prevailing wage. UH colleges/schools are prohibited from paying H-1B employees less than this wage. FSIS cannot process an H-1B request if payment of the required wage cannot be verified.

To determine the actual wage, the college/school/department must complete the Actual Wage Calculation Form and the Actual Wage Statement. Both forms must be properly completed and submitted with the H-1B request to FSIS.

The prevailing wage is determined by the type of position the H-1B will hold.

• Faculty positions: The applicable minimum salary in the UHPA collective bargaining agreement (CBA) is the prevailing wage.
• APT positions: Step 1 of the applicable pay band on the APT salary schedule under the HGEA CBA is the prevailing wage.
• Non-union position: FSIS will calculate the prevailing wage using the position description matched against the occupation’s O*NET description. In rare cases, FSIS may need to obtain a prevailing wage determination (PWD) from the U.S. Department of Labor prior to completing the H-1B petition. This latter process can take 4-6 months, so departments need to factor in this time when deciding on an employment start date for an unusual non-union position.

2. The UH department initiates the H-1B request and submits the request to the college/school HR specialist.

The UH department works with the H-1B beneficiary to obtain the necessary information and documentation for the H-1B request packet. The department completes/gathers its portion of the documents listed on the H-1B Request Form.

If any document is not written in English, provide a translation and a translator’s certification.

As part of the H-1B request packet, the H-1B employee’s direct supervisor must complete the UH Office of Export Controls’ I-129 Certification Decision Tree. After the supervisor answers the questions on the decision tree, print a hard copy of the resulting PDF form, complete items #1 and #2 on the form, and sign in the “PI/Supervisor” line. The dean or director of the college/school/unit must also sign the form. Attach the completed form as one of the supporting documents in the H-1B request packet.

3. The HR specialist reviews the H-1B request, attaches documents, and submits the request via UH FileDrop or UH Dropbox to FSIS.

The UH department forwards its portion of the H-1B request packet to the HR specialist for the college/school/unit. The HR specialist reviews the request, attaches any additional documents, and submits the completed request via UH FileDrop or UH Dropbox to an Immigration Specialist at FSIS.

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Step 4: FSIS processing & Work Authorization

Once FSIS receives and reviews the request from the HR specialist, we begin the regulatory and compliance phase. FSIS will send the PCard Authorization Form and OPM Form 95 (if applicable) to the HR Specialist for the H-1B filing fees.

FSIS Compliance and Document Preparation

As long as initial requirements are met, FSIS will:

• Export Review: Submit documents to the UH Office of Export Controls;
• Prevailing Wage (PWD): For non-union positions, file a PWD for position. (Note: PWD requests are filed with the U.S. Department of Labor (DOL), which can take 4-6 months);
• Labor Condition Application (LCA):
  • For union positions, provide a notice of labor condition application (LCA) filing to the collective bargaining representative (union positions);
  • For non-union positions, forward notices to the HR specialist to be publicly posted in two places for 10 consecutive business days;
  • Prepare and submit the LCA to the DOL (may take up to 7 days for certification);
• Petition Assembly: Prepare USCIS Form I-129 Petition for a Nonimmigrant Worker, the cover letter, and Form I-907 Request for Premium Processing Service (if requested).

Online Submission and Immediate Receipt

FSIS submits the H-1B petition online to USCIS. Because we file electronically:

1. Instant Receipt: We receive the USCIS receipt nuotice immediately upon submission
2. Notification: FSIS will transfer a copy of the petition, the certified LCA, and the receipt notice to the HR specialist and the employee via UH Dropbox.

When Can the Employee Work?

Receiving the receipt notice may grant immediate work authorization depending on the petition type:

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Step 5: USCIS Adjudication and Final Approval

Under regular processing, it generally takes USCIS 4-6 months to adjudicate petitions.

If premium processing service is requested, USCIS will act on the petition within 15 business days (“Act on” = approve, deny, request further evidence, or notify of intent to deny). USCIS offers this service for an additional fee, which can be paid by the college/school or beneficiary.

Tracking Case Status

FSIS will provide the USCIS receipt number (e.g., IOE followed by 10 digits) to the HR specialist and the employee. Departments can track real-time updates through the USCIS Case Status Online Tool.

Final Approval Notice (Form I-797)

When the petition is approved, USCIS issues a formal Form I-797A/B Approval Notice. Even with online filings, USCIS still mails the original phyiscal notice to FSIS. We will notify the HR specialist once the original arrives and provide a scanned copy for your records.

H-1B status automatically begins or continues upon the approval notice’s start date. The employee does not need to leave the U.S. and reenter unless a Form I-797B has been issued. If a Form I-797B is issued, the employee must follow the H-1B entry procedures to activate their H-1B status.

Important Reminders

• Travel: Always notify FSIS if an employee plans to leave the U.S. while the petition is pending.
• Cancellation of Employment: If H-1B employment ends for any reason before the expiration date, the HR specialist must notify an Immigration Specialist immediately. We are legally required to withdraw the LCA and the H-1B petition. Failure to notify FSIS timely my result in the department being liable for back wages and interest.

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Step 6: Apply for H-1B Visa and Entry

After the sponsoring unit provides the original H-1B Approval Notice and supporting documents, the employee must follow these steps below to obtain a visa and enter the U.S.

1. Apply for an H-1B Visa.

Most indiviuals must obtain an H-1B visa stamp at a U.S. embassy or consulate before traveling.

• Exemptions: Canadian citizens do not require a visa stamp and may proceed to Step 2. Individuals with an existing, valid H-1B visa stamp do not need a new one, even if it was issued for a previous employer, as long as it is still valid on the date of entry.
• Where to Apply: Schedule an interview at the U.S. embassy or consulate in your country of nationality or residence.
  • 2026 Notice: Due to Presidential Proclamation 10998, visa issuance for certain nationalities is currently restricted or requires additional security vetting.
  • Designated Locations: If your country does not have routine visa operations (e.g., Iran, Russia, Yemen), you must apply at a designated consulate (e.g., Dubai for Iranian nationals).
• Expanded Screening: As of late 2025, the Department of State has expanded online presence reviews. Be prepared to provide social media identifiers used within the last five years on your DS-160.

Standard Document Checklist for the interview:

• DS-160 nonimmigrant visa application confirmation page;
• Visa interview appointment confirmation page;
• Proof of payment of visa fees;
• A passport style photograph that meets DOS‘s nonimmigrant visa photo requirements;
• Valid H-1B approval notice (Form I-797);
• Passport valid for at least six months beyond the approval notice’s end date;
• UH employment offer letter or employment certification letter from the UH department; and
• Any other documents required by the specific U.S. embassy or consulate.

If the H-1B employee has any family members who will come to the U.S. as dependents, they need to follow the H-4 entry procedures.

2. Apply for H-1B Admission at at U.S. Port of Entry.

You may apply for admission to the U.S. up to 10 days prior to the start date listed on the H-1B Approval Notice:

What to present to the U.S. Customs and Border Protection (CBP) Officer:

• Form I-797 Approval Notice;
• Valid Passport (must be valid for 6 months beyond the H-1B end date; if it expires sooner, CBP may shorten your authorized stay to match your passport expiration)
• Valid H-1B Visa (N/A for Canadians);
• UH employment offer letter or employment certification letter from the UH department.

Also present H-4 admission documents for any accompanying family members.

Individuals are not guaranteed entry into the U.S. The CBP officer will review all documents and ask the person the purpose of the visit. Officers have the discretion to admit a person in H-1B status and any family members in H-4 status and may refer them to a more detailed secondary inspection.

When the H-1B employee is admitted into the U.S., CBP will issue an electronic Form I-94 for each person to access and print at the CBP‘s I-94 website. The Form I-94 printout is proof of admission to and legal immigration status in the U.S.

H-1B employees and H-4 family members need to keep copies of their passport biodata/expiration pages, visas, and Form I-94 records permanently in case any of these documents are lost or stolen.

3. Send Copies of Entry Documents via UH FileDrop or UH Dropbox to FSIS and update employee’s PeopleSoft record.

After the H-1B employee’s arrival, send the following documents to an Immigration Specialist via UH FileDrop or UH Dropbox so we can update our records:

• Completed Contact Information Form;
• Copy of Form I-94 printout from CBP‘s I-94 website;
• Copy of H-1B visa stamp in passport;
• Copy of passport biodata page (if renewed since filing); and
• Copies of the Form I-94 printout, visa, and passport biodata page for each H-4 dependent (if applicable).

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