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Work Eligibility Categories and Processing

Note: All international employees MUST be in a VALID visa status to legally work at U of I.

Visa Categories

  • One year Optional Practical Training (OPT)
  • Two year extension for STEM majors
  • Non-Immigrant Intent Visa

  • Academic Training
  • Non-Immigrant Intent Visa

  • Up to five years maximum
  • May be subject to 212(e) Requirement; Must apply for waiver if so
  • Non Immigrant Intent Visa

  • Can go straight to LPR, but cannot travel
  • Dual-Intent Visa

  • Granted at Border of Entry
  • Up to three years
  • Can be renewed indefinitely
  • Canadian/Mexican citizens only
  • Non-Immigrant Intent Visa

  • From outside the U.S.
  • See below for more details

H-1B Visa Category

  • Change of Status from within U.S.
  • Speciality occupation with B.S. degree or higher, 
  • Six year maximum, filed for up to three years at a time
  • Dual-intent visa

All fees must be paid by employer. Only exception is premium processing when not required due to timing ($2,500).

Documents needed:

  • H-1B Intake Form with required signatures.
  • Employee questionnaire and required documents as discussed.
  • Employer Questionnaire and required documents as discussed.

  • Up to three years
  • Begin communication with departments and employee seven to eight months prior
  • Can file six months from asking start date
  • Two stage processing
  • Legal fee: $2,250 (Ware Immigration)
  • Petition fees: $460 + $500
  • Misc. FedEx charges: $100
  • Dual-Intent Visa

Stage 1: Labor Condition Application (LCA)

  • Notice of Filing (NOF) posted for 10 business days
  • Submitted to the Department of Labor to establish Prevailing Wage Determination
  • Processing time: Seven days 

Stage 2: Filing of Petition

  • 1-129 Petition ($460 petition fee and $500 fraud fee)
  • Processing time: Eight to nine months
    • Premium Processing available ($2,500) - Guaranteed 15 business day processing

Note: If re-advertising is deemed necessary, expected additional cost of $500

  • Up to three years and maximum six years
  • Begin communication with departments and employee seven to eight months prior
  • Can file six months from asking start date
  • Two stage processing
  • Legal fee: $2,250 (Ware Immigration)
  • Petition fee: $460
  • Misc. FedEx charges: $100
  • Dual-Intent Visa

Stage 1: Labor Condition Application (LCA)

  • Notice of Filing (NOF) posted for 10 business days
  • Submitted to the Department of Labor to establish Prevailing Wage Determination
  • Processing time: Seven days 

Stage 2: Filing of Petition

  • 1-129 Petition ($460 petition fee)
  • Processing time: Eight to nine months
    • Premium Processing available ($2,500) - Guaranteed 15 business day processing

Timing to note:

  • Three year review for Faculty
  • If continued employment expected past the six year maximum. the LPR process must be started by the end of the fourth year in H-1B visa status (with approved 1-140).
  • Allows for H-1B extensions past the six year maximum to maintain valid employment status

Legal Permanent Residency

There are multiple ways to seek LPR. Some fees must be paid by employer as indicated below in bold. LPR Intake Form with signatures is required

LPR Processing

  • Introduced during fourth year on H-1B
  • Three stage processing (see below)
  • Processing time: One year or more, related to priority date established by approved I-140 (Examples: India and China)

  • Notice of Filing (NOF) posted for 10 business days in two locations
  • Submitted to the Department of Labor to establish Prevailing Wages and best hire for permanent position
  • Processing time: Three to four months
  • Legal fee (faculty): $3,000
  • Legal fee (non-faculty): $5,000

Note: If re-advertising is deemed necessary expected additional cost of $500

  • 1-140 Petition ($700 petition fee)
  • Processing time: Four to six months
    • Premium Processing available ($2,500) - Guaranteed 15 business day processing
  • Legal fee: $2,500

  • 1-485 Petition ($1,250 petition fee)
  • Processing time: Two to four months OR based on Country Priority Date
  • Legal fee: $2,500
  • Green Card valid for 10 years, must renew
  • Eligible for naturalization after five years

Campus Locations

Physical Address:
Bruce M. Pitman Center
875 Perimeter Drive MS 4264
Moscow, ID 83844-4264
info@uidaho.edu
www.uidaho.edu

Phone: 208-885-6111

Fax: 208-885-9119

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