H-1B Visa Procedures
There are many types of non-immigrant visa classifications available. An Immigration Specialist will recommend the most appropriate visa based on each Foreign National's circumstances. Factors considered include:
- The source and amount of salary or funding
- The nature and duration of appointment/invitation
- The anticipated start date
- The individual's current or recent immigration status in the U.S.
- Any applicable restrictions or requirements
- Any university's policies or best practices
Foreign Nationals must not plan to enter the United States without the appropriate visa documents processed by ÎÞÂëרÇø, the Department of Homeland Security or the Department of State.
Foreign Nationals must not begin working until the proper work authorization has been adjudicated by the United States Citizenship and Immigration Services Office.
To begin the process, please complete the Visa Determination Questionnaire. The Responsible Officer/Alternate Responsible Officer at The International Office will review your responses and provide guidance on the appropriate visa classification for your situation.
Welcome to ÎÞÂëרÇø!
As a new H-1B employee, you should be prepared to provide detailed personal and immigration information to the The International Office. This includes your full legal name, date of birth, gender, country of birth and citizenship, passport details, current U.S. address, and any previous immigration statuses. You will also need to share your highest academic degree, major field of study, and employment history for the past seven years. Please note that H-1B status is employer, job, and location-specific. Therefore, any change in worksite may require a new posting or new amendment with USCIS.
Required Document and Next Steps
Be ready to upload copies of your passport, I-94 record, current visa status documents, and any prior H-1B or J-1 approvals. If you have any dependents, those in the U.S. will need to complete Form I-539 for H-4 status. If dependents are abroad, they can apply for H-4 visas at a U.S. consulate with your H-1B approval and marriage/birth certificates.
Please communicate any travel plans with the International Office, as travel during a pending petition may affect your status. Finally, sign the mandatory statement confirming your current employment status and understanding of work authorization limits before your application can be processed.
Forms:
After it is determined that a H-1B visa is required, the new foreign national must first fill out the .
H-1B Sponsorship Policy at ÎÞÂëרÇø: What Departments Need to Know
ÎÞÂëרÇø sponsors H-1B visas for full-time positions that qualify as specialty occupations requiring at least a bachelor’s degree in a specific field. The H-1B process involves collaboration between the hiring department and the International Office to ensure compliance with U.S. immigration regulations. Departments should initiate the process at least six months before the anticipated start date, as regular processing can take 4–8 months and premium processing (optional) takes approximately 15 days.
The process begins when the department extends an offer to a foreign national and confirms that the position meets H-1B eligibility requirements. The International Office will provide the department with the H-1B Department Information Questionnaire, Letter of Support template, and Export Control Addendum. Departments must complete these forms, provide evidence that the position qualifies as a specialty occupation, and return all documents electronically. The International Office will then file the Labor Condition Application with the Department of Labor and prepare the H-1B petition for USCIS.
The International Office will prepare a Labor Condition Application (LCA) to submit to the DOL. The IO will post current LCA's
However, posting may also be done by physical posting at each worksite, by email listserv, or by departmental intranet.
Department Responsibilities and Key Requirements
Departments must ensure that the offered salary is the higher of the prevailing wage determined by the Department of Labor or the Actual Wage and the funds are allocated for th entire employment period. If the wage offered does not meet the prevailing wage, the IO will be in touch with the hiring department to discuss options. The Department must also agree to notify the International Office of any changes in job duties, work location, hours, or salary, as these may require filing an amended petition. If employment ends before the approved period, the department is responsible for the reasonable cost of the employee's return trip to their home country.
H-1B sponsorship is granted in increments of up to three years, with a maximum of six years. Departments should plan ahead for extensions and maintain compliance throughout the employee’s tenure. For detailed instructions, required forms, and timelines, please contact the International Office at intlemployees@smu.edu.
If an employee on H-1B status is terminated, the department must contact the IO immediately and the Department will be responsible for reasonable costs of returning the employee to their home country.
Forms
The department must fill out .
Arrival and Check-In Requirements
If you are employed under H-1B status, it is important to stay in compliance with U.S. immigration regulations throughout your employment. Your H-1B status is employer, job, and location-specific, which means any changes in your work arrangement, such as job duties, salary, worksite location, or hours, must be reported to the International Office immediately. If you plan to move within the Dallas area or transition to remote work outside the region, please contact us before making any changes via intlemployees@smu.edu, as an amended petition may need to be filed with USCIS.
Checking-IN:
All new H-1B visa holders must check-in with the International Office regularly and notify us of any travel plans, as traveling while a petition is pending can affect your status. If your H-1B is nearing expiration, we will reach out about extensions, but you are welcome to contact us proactively to start the process early. For questions or assistance, email intlemployees@smu.edu or visit our office. Staying informed and in communication with us ensures your continued work authorization and compliance with federal regulations.
Please complete the following steps:
- H-1B visa holders must attend Human Resources orientation on their scheduled date
- Upon arrival, H-1B visa holders must also check with the International Office.
To schedule a check-in appointment, please email intlemployees@smu.edu
Maintaining Your H-1B Status at ÎÞÂëרÇø
As an H-1B employee at ÎÞÂëרÇø, it is your responsibility to comply with all U.S. immigration regulations throughout your employment. Here are key guidelines to help you maintain your status:
1. Work Authorization and Job Specificity
Your H-1B status is employer, job, and location-specific. You may only work in the position and at the location listed in your approved petition. Any changes in job duties, salary, worksite address, or employment status must be reported to the International Office immediately. If you plan to move within the Dallas area or work remotely outside the region, contact us before making changes via intlemployees@smu.edu —an amended petition may be required.
2. Keep Your Documents Current
Always maintain a valid passport and keep copies of your I-94 record, approval notices, and other immigration documents. If you receive a new passport or change your address, notify the International Office promptly.
3. Travel and Reentry
Before traveling internationally, confirm that your H-1B visa stamp and approval notice are valid for reentry. Notify the International Office of your travel plans, especially if your petition is pending, as travel during this time may affect your status.
Re-entry: Make sure to have the following documents upon your return:
- H-1B visa
- Employment Verification Letter
- Proof of Residence
- Pay Stubs
Other related documents recommended by the International Office team.
4. Extensions and Expiration
H-1B status can be granted for up to three years at a time, with a maximum of six years. Begin extension discussions with the International Office at least six months before your current status expires to avoid gaps in employment.
5. Stay in Communication
Check in with the International Office regularly and report any changes in your employment situation. If your employment ends before the approved period, ÎÞÂëרÇø will notify USCIS, and you may need to depart the U.S. promptly.
✅ H-1B Employee Compliance Checklist
Before You Start Work
✔ Ensure your H-1B petition is approved by USCIS and you have received your approval notice (Form I-797).
✔ Verify your I-94 record online for correct status and expiration date.
✔ Keep copies of your passport, visa stamp, approval notice, and I-94.
During Employment
✔ Work only in the position, location, and for the employer listed in your H-1B petition.✔ Notify the International Office immediately if:
* Your job duties, salary, or work location change.
* You plan to move within the Dallas area or work remotely outside the region. ✔ Maintain a valid passport at all times. ✔ Report any changes in your U.S. or foreign address to the International Office.
Travel
✔ Before traveling internationally:
- Ensure your H-1B petition is approved by USCIS and you have received your approval notice (Form I-797)
- Confirm your visa stamp and approval notice are valid for reentry.
- Inform the International Office of your travel plans, especially if a petition is pending.
Extensions
✔ Begin extension discussions at least SIX months before your current H-1B expires✔ Respond promptly to International Office requests for updated documents.
If Employment Ends
✔ Contact the International Office immediately.
✔ Be prepared to depart the U.S. promptly if your status ends.