ºÃÉ«ÏÈÉú

Upon hire

The Office of Faculty Affairs and Development will initiate the H-1B petition process and contact you for required documents to file the H-1B petition.

When the H-1B expires

Our office monitors visa expiration dates for faculty and will work with our immigration attorney to file an extension six months before your visa expires. We may contact you if information or documentation is needed.Ìý

When ready to file the PERM (Foreign Labor Certification Application)

Our office will initiate the PERM process and contact you for required documents to file the PERM Labor Certification.

When the PERM is approved

Our office will notify you and provide you with a copy of the approved Form ETA 9089 and cover sheet. You will take this to an attorney of your choice to file Forms I-140 and I-485.

Please note: these timelines are subject to change at any time.Ìý

PERM Process – U.S. Department of Labor (DOL)

• The Prevailing Wage Determination currently takes 7-9 months.
• The PERM Labor Certification takes about 6 months.
• The PERM Labor Certification deadline is 18 months from the date of your original offer letter.
• Once the PERM is approved, you must file Form I-140 within 6 months otherwise it will expire.

Immigrant Petition Process – U.S. Citizenship and Immigration Services (USCIS)

If the I-140 is filed with premium processing, you can expect a response within 15 calendar days. Without premium processing, current processing takes upwards of 8 months.

For those not born in mainland China or India (or those with an immigrating accompanying spouse not born in mainland China or India, the Form I-485 can be filed concurrently with the I-140 or after the I-140 is approved based on the advice of the attorney you retained to handle your case. The I-485 takes 6-8 months to be approved.

Mainland China and India are oversubscribed, so for those (and spouse, if any) born in mainland China or India, consult your attorney to understand the timeframe for when you can file the Form I-485 and when you can expect approval of your Permanent Residency.Ìý

Ìý

While the University does not encourage traveling internationally while on H-1B status, we recognize travel is a personal decision. We encourage those faculty considering travel to fully understand their status and to be aware of the risk involved in traveling abroad, including any existing or future government-imposed travel restrictions that may apply to you. Once again, we strongly encourage you to retain competent legal counsel to advise you on such matters.

International Travel for University Business

For international travel requests, faculty, staff, and students should request approval for their travel as early as possible so that approval takes place prior to purchasing flights and making other hotel and transportation arrangements. Every effort should be made to submit a completed: 1) Travel Request Form AND 2) International Travel Authorization Form, at least three weeks prior to travel. However, in accordance with , you should allow 30 days or more prior to travel to a country determined to be a CSURMA "War Risk" country, which requires approval from the CSU Systemwide Risk Management Office after the approval by the CSUDH President. The CSUDH President's approval is required for all international travel. The list of "War Risk" countries can be found at: /rm/insurance/hazardous-countries-list.

If the form is not completed correctly and submitted according to the time-line above, and if there are special safety or export control issues, it is possible that approval will not be granted.
Specific questions regarding campus sponsored international travel should be addressed to the Office of Risk Management & Internal Controls.

Visa stamp validity

When traveling internationally while on H-1B status, you must be aware of your status expiration. While your H-1B petition will generally show validity for three years from your appointment start date, once you travel abroad, you must have a valid visa stamp in order to enter the U.S. If your visa stamp has expired, or you do not have one, you must make sure to apply for one at a U.S. consulate abroad in order to re-enter the U.S. We will work with you to provide you the necessary documentation to re-enter the country.Ìý We strongly encourage you to retain an immigration attorney to assist you with the DS-160 Nonimmigrant Visa Application and other required forms and filings if you choose to apply for the H-1B visa stamp.

While the University does not encourage traveling internationally while on H-1B, we recognize travel is a personal decision. We encourage those faculty considering travel to fully understand their status and to be aware of the risk involved in traveling abroad, including any existing or future government-imposed travel restrictions that may apply to you. Once again, we strongly encourage you to retain competent legal counsel to advise you on such matters.

I-94 expiration

Be aware of your I-94 expiration date after each entry into the U.S. after travel abroad. The I-94 expiration date governs your authorized stay in the U.S. Staying in the U.S. beyond the I-94 expiration date without a timely filed extension with USCIS can result in your violating your H-1B status. We strongly advise you to check your I-94 expiration on the U.S. Customs and Border Protection (CBP) website after returning from travel abroad, and comparing such information to the entry stamp the CBP officer puts in your passport upon entry into the U.S. Why?

1. The H-1B authorized period of stay normally coincides with the expiration of the H-1B petition (sometimes granted with 10 additional days). Check to see if this is the case.

2. If your passport expires before the expiration of your H-1B petition, CBP may limit your H-1B authorized period in the U.S. to the expiry date of your passport. For this reason, we advise you to travel with a passport valid for at least six months past your H-1B petition expiration date. Please note that some countries have further passport limitations and that CBP may limit the H-1B authorized period to 6 months before the passport expiration date.Ìý Being cognizant of this will help you avoid falling out of status and will give our office sufficient time to file an H-1B extension for you.

3. If an error was made by CBP in entering your status expiration upon returning from travel (the given H-1B authorized period does not match one of the scenarios above), you will want to rectify the error immediately. It is best to address any questions immediately with the CBP officer at the time of entry. However, if only discovered later, please contact our office for assistance.Ìý

Legal Support

The Immigrant Justice Center (IJC) works in collaboration with the Central American Resource Center () to provide free immigration legal services to CSUDH students, faculty and staff.

Does CSUDH sponsor the H-1B petition for international tenure-track faculty members?

Yes. The University pays for the attorney’s fees and filing fees for your H-1B petition. We initiate the process upon your hire, and when complete, you will be provided with the I-797 approval notice for your records. The H-1B petition is normally valid for three years from the start of your appointment. Six months before your H-1B expires, we will file for an extension, which is valid for another three years.Ìý

Does CSUDH pay for the H-4 visa for my dependents?

CSUDH does not pay for filing fees or attorney’s fees to file the H-4 for the H-1B holder’s dependents.Ìý

Does CSUDH sponsor the H-1B petition for temporary faculty, e.g. full-time lecturers?

CSUDH does not sponsor or assist with obtaining H-1B status for temporary faculty. Hiring departments must know that non-tenure-track hires must provide their own work authorization.Ìý

Does CSUDH pay for the green card costs for tenure-track faculty members?

CSUDH does not pay for filing fees or attorney’s fees for the I-140, I-485, or related forms for Permanent Residency. As the faculty member, you are responsible for the fees and costs associated with this stage (regardless of which immigrant petition option you choose), as well as for retaining your own immigration attorney. Our office can provide referrals if needed. Our office will also work with your attorney to supply needed documentation for a successful application.ÌýCSUDH will only be responsible for the costs associated with the preparation and filing of the PERM Foreign Labor Certification Application, which is the first step in the EB-2 advanced degree immigrant petition process. If you are pursuing a different immigrant petition option, the PERM is not needed. You must consult with an attorney of your choice to advise you on any other immigrant options that are available to you.Ìý

What should I do if I move?

USCIS requires you to update your home address within 10 days of any move. This is done either through your existing USCIS online account if you have one, or by filing Form AR-11. Please see: .