The H-1B is a "Specialty Occupation" requiring a "theoretical and practical application of a body of highly specialized knowledge, and the attainment of a bachelor's degree in a specific specialty as a minimum for entry into the occupation in the United States".

Faculty Positions

Auburn University will sponsor, at the discretion of the hiring department, full-time, benefits eligible faculty positions for H-1B work authorization.

All H-1B petitions filed on behalf of Auburn University must be processed by the Office of International Programs (OIP). Only the OIP may file H-1B applications on behalf of Auburn University.

H1-B sponsorship must be initiated by the hiring department by submitting a Prevailing Wage Request form to the OIP.

The position must be a full-time benefits eligible position. Auburn University does not provide sponsorship for part-time positions or positions that are ineligible for benefits.

Administrative and Professional Positions

Administrative and Professional positions require the approval of the Auburn University Human Resource Department. Departments must submit a Request for Determination of Support for Sponsorship form to Human the Department of Human Resources/Compensation and Classification.

Instructions and a link to the form can be found on Human Resources Procedure website.

NOTE: Auburn University reserves the right to establish internal policies and procedures for the submission, adjustment and modification or withdrawal of any employer based petitions at any time.


Procedure Summary

The hiring department must initiate H-1B sponsorship for employees in qualified full-time, benefits eligible faculty positions. To initiate H-1B sponsorship the hiring department must submit a completed Prevailing Wage Request form (with a copy of the job posting) to the H-1B advisor for International Student and Scholar Services (ISSS). Stephanie Freeman, shf0011@auburn.edu.

Costs

H-1B Processing and Fees

Auburn University is the petitioner on behalf of the intended Beneficiary (selected job candidate).

USCIS Fees: $500 anti-fraud fee and $460 filing fee are required to be paid by the employer under U.S. Department of Labor regulations. $2,500 Premium Processing fee must be paid by the employer when the H-1B approval notice is required for employment purposes.

Processing Fees: The processing fee for an H-1B is $1,200 to $1,500 and must be paid by the hiring department.

NOTE: the $500 anti-fraud fee applies only to new petitions. This fee does not apply for extensions with the same employer.

Estimated Timelines

Prevailing Wage Determination: 7 – 14 days upon receipt of the Prevailing Wage request.

Normal processing times for H-1B petitions may vary between 4 – 6 months (6 – 8 months during peak times throughout the year).

Premium processing for H-1B petitions ($2,500 fee: USCIS is required to provide a response within 15 business days from receiving the petition (may be approval, request for evidence, or denial).

NOTE: If a future foreign national employee is outside of the U.S. and will need to apply for a visa, the process may take up to two months.

Transfers: Individuals holding H-1B status with his/her current employer may transfer to a new employer under the "portability provision". Auburn University must complete and submit an H-1B petition to the USCIS on behalf of the new hire. A new hire "porting" H-1B status may begin employment with Auburn University only after the USCIS has received an H-1B petition and may continue employment while the petition is pending.

NOTE: An individual transferring employment to Auburn University under the H-1B "portability provision" must maintain employment with their current employer until the USCIS has received Auburn University's H-1B petition.

Minimum salary requirement: H-1B regulations require that an employer obtain a Prevailing Wage and an Actual Wage, and the wage paid to the employee must meet or exceed the higher of the two.

The Actual Wage: The "wage rate paid by the employer to all other individuals with experience and qualifications similar to those of the H-1B nonimmigrant, for the specific employment in question."

A Prevailing Wage (PW): Determined by the minimum requirements for a particular position. A PW may be requested by a department well in advance of a job offer being made. Departments may request a PW when a job is posted and a foreign national(s) applies.

Processing time is 7 – 14 days upon receipt of the Prevailing Wage request.

The form must be complete, including the necessary signatures and initials, and must include a copy of the job posting before the PW request can be processed. Please submit the complete form to Stephanie Freeman, shf0011@auburn.edu.

Prevailing Wage Form

NOTE: The position must be a full-time benefits eligible position. Auburn University does not provide sponsorship for part-time positions, or positions that are ineligible for benefits.

H-1B sponsorship for Administrative and Professional positions require the approval of Auburn University Human Resources. Departments must submit a Request for Determination of Support for Sponsorship form to Department of Human Resources/Compensation and Classification.

Instructions and a link to the form can be found on the Human Resources Procedures page under the tab "Requesting Determination of Support for the Sponsorship of Temporary Work or Permanent Residency Petitions for Administrative and Professional Positions".

Auburn University's policy for employment-based immigration status sponsorship for Administrative and Professional positions can be located on the Office of the General Counsel's website.

Last Updated: March 21, 2022