H-1B Petition Filing Process
Note: The International Center has the only signature authority for H-1B petitions.
- Hiring department/center compiles the petition and forwards it to the International Center;
- International Center submits the Labor Condition Application (LCA - Form ETA 9035) electronically to the Department of Labor for certification;
- Upon receipt of the certified LCA, the International Center submits the complete petition to the appropriate USCIS Service Center;
- USCIS Service Center issues a Receipt Notice (*), which is sent electronically by FSS to the designated administrative staff member;
- USCIS officer adjudicates the petition and if an approval is granted, an approval notice is sent by the USPS to FSS.
- FSS generates an approval notice packet and contacts the sponsoring department/center when the approval notice (Form I-797) packet is available for pick-up in the FSS lobby and;
- Department/center receives the approval notice packet, issues the appropriate documents to the H-1B beneficiary and forwards the required federal documents to the Payroll and Tax Services offices.
* Notice of Action (Form I-797)
Petition submission deadlines:
| Case Type | Submission Deadline Period |
|---|---|
| New employment | 120 days before proposed start date |
| Extension of Status | 60 days before current validity period ends |
| Amendment of Conditions | 60 days before proposed effective date of change(s) |
| Internal Transfers | 30 days before proposed start date |
| Concurrent Employment | 60 days before proposed start date |
| Portability* | 60 days before proposed start date |
* Transfer from an H-1B sponsor/employer other than UF
Premium Processing Service Cases: All case types submitted with a premium processing service request must be submitted to FSS no later than 60 days before the proposed start date.
USCIS corresponds directly with the International Center regarding H-1B petitions. Faculty and Scholar Services staff members contact hiring departments/center if additional information or revisions to the petition packet is required by USCIS. After adjudication is complete, USCIS notifies the International Center of the corresponding action on the case on the Form I-797, Notice of Action. Within five business days of receiving a USCIS approval notice, FSS notifies the sponsoring department/center that the approval notice packet is available. Packets containing original documents issued by federal agencies are must be delivered to on-campus departments/centers by couriers or mailed to distant centers by an express courier service since obtaining duplicate copies of these documents involves long wait periods and an additional expense.
UF Department/Center:
15 to 30 days to complete H-1B petition packets
Faculty and Scholar Services:
10 to 20 business days to review and process complete petition packets
U.S. Citizenship and Immigration Services:
10 to 30 days to issue a Receipt Notice* to Faculty and Scholar Services
U.S. Citizenship and Immigration Services:
15** to 120 days to adjudicate a petition and issue a Notice of Action
* Notice of Actions issued by the USCIS are issued to Faculty and Scholar Services by
USPS mail service; therefore, delivery time periods vary.
** Calendar days for Premium Processing Service (solely provided by USCIS)
Petitions/Applications, Processing Fees, and Responsible Parties
| Form | Fee | Responsible Party |
| I-129 (H-1B) | $320.00 (DHS) | Employer |
| Anti-Fraud Fee (New or “Porting” H-1B) |
$500.00 (DHS) | Employer |
| I-907 (Premium Processing) | $1000.00 (DHS) | Employer or Beneficiary |
| I-539 (COS or EOS)* *For dependents |
$300.00 (DHS) | Beneficiary |
- Processing of Invoices for Processing Fees / Creating Vouchers
For information about submission of supporting documentation to Disbursements, click here - Alternate Check Delivery Form and Invoice for USCIS Processing Fees
When requesting checks, departments must submit this form to UF Disbursements along with other paperwork to ensure that checks are not directly forwarded to USCIS. For more information about this process, please click here
United States Citizenship & Immigration Services (USCIS) offers a filing option that provides expedited processing of H-1B, TN and O-1 petitions for an additional fee in the amount of $1,000. According to the USCIS website, ” The processing period that is used to determine whether or not USCIS meets the 15 calendar day period will begin when the current version of the Request for Premium Processing Service form, is received by USCIS at the correct filing address noted on the form. Within the 15 day calendar period USCIS will issue an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to intent to deny, a new 15 calendar day period will begin upon the delivery to USCIS of a complete response to the request for evidence or notice of intent to deny.”
Either the department or the beneficiary may pay the premium processing fee. Premium processing can be requested for a petition that was filed previously, if a notice of action (Form I-797) that posts the USCIS issued receipt number has been received by the Faculty and Scholar Services office. Detailed information regarding premium processing service is posted on the USCIS website.
All case types submitted with a premium processing service request must be submitted to FSS no later than 60 days before the proposed start date.
Prospective H-1B beneficiaries who reside abroad are required to undergo consulate processing before entering the U.S. in H-1B status. Visa officers in U.S. Embassy and Consulate General offices may request a sponsor’s letter of intent from the beneficiary’s sponsor, the University, before processing the foreign national’s visa application. The University will be required to generate a cover letter for the H-1B petition if a request for this document is issued from a Department of State visa officer. If necessary, an H-1B cover letter template will be provided by FSS to assist department/center staff with meeting this requirement.