Approval for H-1B status must be attained through:

• Certification of wage and labor conditions through an employer submitted Labor Conditions Application to the U.S. Department of Labor

• An employer petition (with appropriate fees) submitted to USCIS on behalf of a proposed foreign national employee. No self-petition is permitted.

The proposed foreign national employee must possess all the qualifications required for the position (and appropriately document such) at the time the H1B petition is submitted.

USCIS allows for a H-1B petition to be filed up to 6 months prior to the start date. 

Following internal processing (typically 4-6 weeks), and once the petition has been submitted to Department of Homeland Security, the normal adjudication time is three to six months. 

Change of Status/New Employee petitions: To avoid gaps in work authorization, and payment of the premium processing fee, petitions that request a change of status to H-1B from another non-immigrant status should be filed as close to the six month mark as possible. International Services recommends that the completed application packet be submitted no less than seven (7) months prior to expiration of current status/start date if premium processing is not anticipated (2 months with premium processing). A change of status petition must be received and approved by USCIS before the individual may begin/continue employment in H-1B status at LSUHSC New Orleans. 

Extension petitions: An extension petition must be received by USCIS no later than the date the current H-1B approval period ends. To facilitate I-9 re-verification, International Services recommends the department submit the completed application packet at least three (3) months prior to the H1B approval period expiration date. This will help facilitate International Services mailing of the petition to USCIS no later than 10 working days before expiration of the current approval period to increase the likelihood that the receipt notice is received from USCIS prior to expiration. An H-1B employee requesting an extension of their H-1B status is provided a 240 day grace period to continue their previously approved employment while awaiting a decision on the extension petition. If a denial is received or the 240 day grace period ends without receipt of a decision, employment must cease immediately.

Amendment petitions: An H-1B petition is employer, employee, job title, job duty, salary and location specific. Should there be any changes in an applicant’s title, duties, work location, or salary, before changes can
be processed internally at LSUHSC, an amended H-1B petition must be filed by the ISO. An amended petition will require the same documentation and application fees as an extension application. An amendment petition is required if a material change in employment is planned for an H-1B employee. Material changes can include but are not limited to: promotions/title changes, changes in job duties, changes in work locations. An amended petition must be received by USCIS prior to the date the proposed changes will be implemented internally. International Services recommends the department submit the completed application packet at least three (3) months prior to the effective date for any changes. While the petition is pending, once the receipt notice has been received, the proposed changes to H-1B employment are permitted to commence. If a denial of the 
amended petition is received, all material changes to the previously approved employment must cease immediately.

Transfer petitions: A “change of employer” petition or transfer petition permits an H-1B employee to move from one H-1B sponsoring employer to another. A “change in employer” petition must be received by USCIS 
prior to the proposed start date at the new employer. The employee is permitted to begin working for the new employer on the start date requested in the “change of employer” petition, provided the receipt notice has been received. International Services recommends the department submit the completed application packet at least three (3) months prior to the anticipated employment start date.

Petition Fee: For any petition received by the Department of Homeland Security after November 23, 2010, employers who file a petition for a new H-1B, a change of status to H-1B, or a change of employer for a current 
H-1B visa holder, will be required to pay a $460 petition fee. This fee also applies to extensions of current LSUHSC H-1B visa holders. This is a fee which must be paid by the department and cannot be passed on to the 
applicant. Departmental funds should be available to cover this $460 fee.

Fraud Prevention Fee: For any petition received by the Department of Homeland Security after March 1, 2005 and in accordance with new legislation, employers who file a petition for a new H-1B, a change of status to H-1B, or a change of employer for a current H-1B visa holder, will be required to pay an additional $500 Fraud Prevention Fee in addition to the normal processing fee and premium processing fee. This fee does not apply to extensions of current LSUHSC H-1B visa holders. This is a fee which must be paid by the department and cannot be passed on to the applicant. Departmental funds should be available to cover this $500 fee.

Premium Processing Fee: For an additional $2,805 fee (effective 2/26/2024), an H-1B petition can be  “Premium Processed”. Specifically, Department of Homeland Security will provide 15-business day processing (in lieu of 3-6 months) on petitions for those LSUHSC departments who choose to utilize this service. Processing may be a notice of approval, request for evidence, intent to deny or notice of investigation for fraud or misrepresentation. If the notice requires the submission of additional evidence or of a response to an intent to deny, a new 15-day period will begin upon the delivery to the Department of Homeland Security a complete response to the request for evidence or notice of intent to deny. This fee is normally considered a business expense and should be paid by the sponsoring department. If needed to meet the desired start date, departmental funds should be available to 
cover this $2,805 fee.

Ideally, the Premium Processing Service should be requested in conjunction with the initial petition submission. However, the Service may be utilized to upgrade a regular petition, following initial submission, but only after a form I-797 receipt has been obtained by the ISO.

LSU System Policy (PM-26) allows the use of University funds for the fees associated with H-1B applications. The use of federal grant funds is permissible if for initial hire (recruitment), but not for extensions for current employees per the NIH Grants Policy Statement, Section 7.9.1. The use of non-federal grant funds must be in accordance with the regulations of the granting agency.

A single petition may be filed for a maximum of three years, based upon availabledepartmental funding. An extension may also be filed for up to an additional three years. The total maximum available time in H1B status is six calendar years unless an exception exists due to:

 1) a pending labor certification

2) a pending  petition for permanent residency

3) available recovery of days spent outside the U.S. while approved for H-1B status or

4) re-set of the six year clock due to time spent outside the U.S. Contact
International Services for more information on H1B status beyond six years, or see our website

Persons who are seeking to change status to H-1B who are subject to 212(e) due to a current or previous J Exchange Visitor program are NOT eligible for a Change of Status to H1B NOR are they eligible to obtain an H1B entry visa from a U.S. consulate and re-enter in H1B status. Those subject to 212(e) who wish to obtain H-1B status must fulfill the requirement or obtain a waiver of the requirement. If you are unsure if you are subject to 212(e), you may request an advisory opinion.

The dependent spouse and children (under age 21) of individuals filing for or in H-1B status are eligible for H-4 status. Individuals in H-4 status are not allowed to work in the U.S.

Initial H-1B applicants who are out of the U.S. will not be required to complete or include a form I-539 or application fee for H-4 dependents. However, it is necessary to have a copy of the dependent’s passport in order that verification of name spelling and date of birth can take place allowing for a letter of invitation to be prepared.

When processing an H extension, change of status or change of employers for an applicant currently in the U.S. with dependents, a Form I-539 must be completed with a separate check or money order attached. For H-1B/H-4 extensions, copies of the marriage certificate and birth certificates with English translation for each dependent will be required by the Department of Homeland Security to prove relationship.

The process will be the same as the first H-1B except only the petition fee and not the fraud fee is required. 

The Labor Condition Application is filed by the International Services Office.

Laws and regulations have been enacted which effect an employer’s responsibilities and liabilities in the initial hire and continued employment of H-1B non-immigrants. Under the Immigration and Nationally Act (INA), an employer seeking to employ an alien who is coming temporarily to the U. S. in a specialty occupation on an H-1B visa is required to file a Labor Condition Application (LCA). The LCA provides a process for protecting the wages and working conditions of similarly employed U.S. workers in the area of employment from being adversely affected by the employment of foreign temporary workers. 

In order to complete the LCA, the ISO must verify and document that the following statements are true:

• The H-1B employee will be paid 100% of either the “actual wage” or the “prevailing wage” for the occupation, whichever is higher. Departments should consider that the requirements, particularly years of experience, for any position could effect whether a Skill Level 1, 2, 3 or 4 prevailing wage is provided by the Department of Labor. For more information, contact The International Services Office.

• Employing the foreign national will not adversely affect the working conditions of similarly employed U.S. workers and H1B non-immigrants will be afforded working conditions on the same basis, and in accordance with the same criteria, as offered to U.S. workers

• All work locations have been verified (see information on 15s)

Once a “Prevailing Wage” from the Department of Labor and an “Actual Wage” from LSUHSC HRM has been received and any salary adjustments required have been addressed by the ISO and the hiring department, an LCA can be obtained. Obtaining the prevailing and actual wages can take two to four weeks. 

When the approved LCA has been obtained, the H-1B Petition can be submitted to Department of Homeland Security. An H-1B petition may be filed up to six months prior to the date of need. An application may be filed for a maximum of three years, based upon available departmental funding. An extension may also be filed for up to three years. The total maximum available time in H1B status is six years.

H-1B Worksheet completed by beneficiary with all required documentation which are listed on the H-1B Beneficiary Checklist.

Complete with departmental signatures. A period of less than 3 years may be requested as department sees fit with funding, etc. This is different from the LSUHSC-15 form 3 year period which is required for LCA purposes. 

START DATE:

New LSUHSC employees: The start date should be the anticipated date employment will begin at LSUHSC (allow at least 2 months for processing with premium service).

Existing LSUHSC employees: The start date should be the day after their current status or work authorization expires (see H-1B worksheet submitted by employee and allow at least 2 months for processing with premium service).

END DATE:

For LCA purposes, if the time period desired is 3 years, then the end date should be the day before the 3 year mark. Example: a start date of 07/01/2025 should have an end date of 06/30/2028 NOT 07/01/2028.

The ISO will obtain signature of the Dean. A position description, training plan and/or job advertisement which details, minimum requirements and job duties should be attached. 

Complete:  LSUHSC-9

This form will be used to make a “prevailing wage” determination using the OFLC Online Wage Data.

Complete: LSUHSC-11

In order to complete the LCA, the ISO must verify and document that the following statement is true:
• The H-1B employee will be paid 100% of either the “actual wage” or the “prevailing wage” for the occupation, whichever is higher. Departments should consider that the requirements, particularly years of experience, for any position could effect whether a Skill Level 1, 2, 3 or 4 prevailing wage is provided by the Department of Labor. For more information, contact The International Services Office.

Complete: LSUHSC-12

This form is used to file the LCA. 

Once a “Prevailing Wage” from the Department of Labor and an “Actual Wage” from LSUHSC HRM has been received and any salary adjustments required have been addressed by the ISO and the hiring department, an LCA can be obtained. Obtaining the prevailing and actual wages can take two to four weeks. 

Complete: LSUHSC-13

The notices must indicate dates of employment for a full three year period for LCA purposes. Example: an employment start date of 07/01/2025 should have an end date of 06/30/2028 NOT 07/01/2028.

ALL possible/potential work locations that will be regularly used must be included on the 15s. This includes work from home/remote work locations, if the position is eligible for that option. Any location where work is performed occasionally (less than a total of 30 days/year) do not have to be included on the 15. Locations can be added after filing, but an amended petition will be required if the new location(s) is outside the geographic area of the other locations included in the original filing.

The sponsoring department is required to post two LSUHSC 15s at every work location for a minimum of 10 working days. After ten working days, please sign the posting notices, fill in the dates of posting and locations where posted (please indicate specific location-Room # or “conference room,” “break room,” etc.) and return the original documents to the ISO. The ISO will hold the original postings (with signatures) as documentation in support of the LCA in the Public Inspection File.

Federal & State holidays, as well as days/partial days where LSUHSC may be closed, for example, due to Hurricanes do NOT count toward the 10 day period.

Any notices not properly posted will be returned so posting can be completed properly. The LSUHSC-15s may be sent electronically (via email) to International Services for review prior to posting/submission of the full H-1B packet so the required posting periods can be completed as soon as possible.

This notice must indicate dates of employment for a full three year period beginning with the proposed start date, as ALL LCA filings will be submitted with a three year duration. The start date must be in the future (the day after expiration of current work authorization/status), not the date employment began if an existing employee is changing status.

The H-1B petition will not be submitted until properly completed LSUHSC-15s are obtained for each work location.

Complete: LSUHSC-15

This form is used for the LCA and will be placed in the Public Inspection File binder.

Complete: LSUHSC-16

After submission to ISO with all required signatures, ISO will route this form to the Office of Research/Institutional Designee for final approval. 

Complete: LSUHSC-19

This form acknowledges the acceptance of responsbilities the faculty sponsor/department has in regard to an H-1B employee.

Complete: LSUHSC-20

Please include the email confirmation from HRM showing approval of credentials for employment per CM-34. 

Submit to Direct Pay, separate Direct Pay Requests for each fee with appropriate addresses made payable to “Department of Homeland Security” as required for each petition. USCIS will not accept one check for the total amount of the required fees. Each fee must be paid in a separate check. Direct Pay Account Code to use for check requests is: 539185 (Empl - International Fees)
Provide ISO with a printed copy (screen shot) of the electronically submitted Direct Pay check requests with the packet. To request pick-up by ISO when checks are ready, note it in the special request section/screen for DP to e-mail InternationalServices@lsuhsc.edu or rall11@lsuhsc.edu (Remy Allen) for pick-up. 

Direct Pay Requests should utilize the following address:

U.S. Department of Homeland Security

California Service Center

24000 Avila Road, Room 2312

Laguna Niguel, CA 92677

• $460 I-129 Petition Fee (Must be paid by the employer and required for all new and extension H-1B petitions)
• $500 Fraud Prevention Fee (Must be paid by the employer and required for new H-1B petitions, change of status to H and change of employer -- not required for extension petitions for current LSUHSC H-1B employees)
• $2,805 Premium Processing Fee, if applicable (may be paid by employer or employee provided wage requirements are still met). 

1. Copy of written contract OR signed letter of offer between LSUHSC New Orleans and (proposed) employee
2. Copy of PeopleAdmin OR paper funding sheet (old paper PER 1 equivalent)  
3. Copy of the Position Description, approved Training Plan, and/or Advertisement

Also, include the following if applicable:

For physicians to perform direct patient care in the U.S. 

• Copies of United States Medical Licensing Examination (USMLE) Steps 1, 2, and 3 and;
• Copy of valid ECFMG Certificate and; 
• Copy of actual license to practice in Louisiana from Louisiana State Board of Medical Examiners OR a Letter from LSBME indicating that (proposed) employee is eligible to obtain Louisiana license. 
• USMLE EXCEPTION: (Clinical trainees not eligible for this exception) In some cases, senior faculty may not have completed USMLE 1,2, and 3 and may be eligible for an exception allowing for “patient care which is incidental to teaching and research” to be determined by the School of Medicine Dean’s Office.  

For Dentists/Dental Fellows/Residents Engaging in Patient/Clinical Care

• Copy of full or restricted license to practice in Louisiana from Louisiana State Board of Dentistry OR a Letter from LSBD  indicating that (proposed) employee is eligible to obtain Louisiana license.