CHECK LIST H-1 PETITION

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					                                                                              190 HUB. PO Box 113225
                                                                             Gainesville, FL 32611-3225
                                                                                   Phone: 352-392-5323
                                                                                     Fax: 352-392-6782


                                   H-1B PETITION CHECKLIST
The following list includes required documents for all case types including new H-1B status
granted as in-country change of status and consulate processing abroad.

        CHECKLIST - BASIC DOCUMENTS REQUIRED FOR ALL PETITION PACKETS
_____ Coversheet (original)
_____ Form I-129 (original) Petition for a Nonimmigrant Worker. (Original of ONLY pages
                            1-4, 8-9, and 13-15. Two originals, if the beneficiary is currently
                            not residing in the U.S.) This form must be submitted with type
                            written entries.
                            The H classification supplement page of the I-129 requires the
                            employer to certify that it agrees to the terms of the LCA and is
                            liable for the reasonable costs of return transportation if the
                            foreign national is dismissed from employment before the end of
                            the authorized stay in the U.S. The hiring department/center is
                            responsible for these costs. Therefore, the department chair or
                            center director must sign these two statements.

Supporting Documents
* Copies of supporting documents are required unless “originals” are requested

_____ Passport Biometrics page (Note: Passports must have a validity period that ends no
      earlier than 6 months before the submission date of the current petition)
_____ Current visa posted in passport
_____ Letter of Offer (Copy of original letter: All letters must include the statement that
      addresses requirements stated in U.S. immigration laws, regulations and provisions – see
      H-1B Guidelines)
_____ Position description on file with the Office of Human Resources if the position is
      classified as TEAMS or USPS (Note: Position must require the incumbent to possess a
      minimum of a bachelor’s degree in a specific field to meet the specialty occupation
      requirement)
_____ Diploma of highest degree earned or the degree that qualifies the individual for the
      applicable position. If the academic field of study is not posted on the diploma, a
      transcript must also be included. (Note: Any document issued in a foreign language
      must be accompanied by a complete English translation that is signed by a competent
      translator. These translations must be accompanied by documentation that addresses the
      competency of the translator who provided the translation from the applicable language
      to English.
_____ Curriculum Vitae




The Foundation for The Gator Nation                                                        Rev. Sep-10
An Equal Opportunity Institution                                                            Page 1 of 5
                                                                                190 HUB. PO Box 113225
                                                                               Gainesville, FL 32611-3225
                                                                                     Phone: 352-392-5323
                                                                                       Fax: 352-392-6782


DEPARTMENT OF LABOR AUDIT FILE
_____ Labor Condition Application (LCA) Request form and LCA Filing Notice (with
      signature of dept. head or center director)
_____ Prevailing Wage Determination from the DOL/ETA NPWHC must be reported as an
      hourly salary figure .
_____ Actual wage report with signature of dept. head or center director
_____ If the beneficiary’s salary is lower than any other employee who holds the same title, a
      letter from department explaining the differences in experience, job responsibilities, and
      other business-related factors is required.

FEES (SEPARATE CHECKS ARE REQUIRED)
_____ University issued check made payable to DHS or USCIS for $320.00
      Department is responsible for this fee
_____ University issued check made payable to DHS or USCIS for $500.00
      Required for New and Portability cases. Department is responsible for this fee
_____ University issued check made payable to DHS or USCIS for $1000.00
      for Premium Processing Service, which is provided by USCIS, not FSS.
      Department or employee may pay this fee
_____ Premium Processing Request Letter (addressed to the applicable USCIS Service
      Center). The entity who issues the check must sign the letter (department administrator’s
      signature needed if a university check is submitted). To request a University issued check
      for processing fees, departments/centers must submit the Alternate Check Delivery Form
      and Invoice for USCIS Processing Fees to the UF Disbursements office along with other
      paperwork. The Alternate Check Delivery form is needed to ensure that checks are not
      directly forwarded to USCIS. Information about payment of processing fees, processing
      of invoices and creating vouchers, and submission of supporting documentation is located
      on the University Controller’s office web site.

                            CHECKLIST FOR SPECIFIC H-1B CASE TYPES
CHANGING FROM F-1/F-2 STATUS
            F-1 AND F-1 OPT BENEFICIARY (CURRENTLY RESIDING IN THE U.S.)
            _____ Copy of ID biometrics page of the passport (and copy of page with current
                  expiration date, if applicable)
            _____ Copy of the Form I-20
            _____ Copy of the Form I-20 and the EAD card, if currently in F-1 OPT status
            _____ Copy of front and back of I-94 card (attached to passport)

CHANGING FROM J-1/J-2 STATUS
            J-1 OR J-2 BENEFICIARY (CURRENTLY RESIDING IN THE U.S.)
            _____ Form DS- 2019 (all previously issued forms)
            _____ Waiver of 212(e) rule letter issued by the Department of State (if applicable)
            _____ USCIS issued Approval Notice (Form I-797) for Form I-612 (if applicable)
            _____ Copy of front and back of I-94 card (attached to passport)

CONSULATE PROCESSING – ENTERING THE U.S. FROM ABROAD
The Foundation for The Gator Nation                                                          Rev. Sep-10
An Equal Opportunity Institution                                                              Page 2 of 5
                                                                                      190 HUB. PO Box 113225
                                                                                     Gainesville, FL 32611-3225
                                                                                           Phone: 352-392-5323
                                                                                             Fax: 352-392-6782


            Prospective H-1B beneficiary (currently residing outside of the U.S. or planning to exit
            the U.S. to change status via U.S. Embassy/Consulate):
            _____ Additional original of Form I-129 (Total of two originals required)
                  Note: I-94 card and visa stamp (in passport) are not required.

EXTENSIONS AND AMENDMENTS

            CURRENT UF / H-1B EMPLOYEE
            _____ Current H-1B Approval Notice (Form I-797) and all previously issued approval
                  notices
            _____ Waiver of 212(e) rule letter issued by the Department of State (if employee is
                  former J scholar and was subject to the 212(e) rule)
            _____ USCIS issued Approval Notice for Form I-612 - Waiver of 212(e) rule (if
                  applicable)
            _____ Copy of front and back of I-94 card (attached to passport)

INTERNAL TRANSFER CASE
            CURRENT H-1B BENEFICIARY WHO IS TRANSFERRING AN EMPLOYMENT APPOINTMENT
            ON-CAMPUS

            _____       Coversheet
            _____       Current Notice of Action (Form I-797)
            _____       Copy of front and back of current I-94 card (usually attached in passport)
            _____       Current Labor Condition Application
            _____       Transfer Request Memo
            _____       Proposed Letter of Offer

PORTABILITY (TRANSFER) CASE
            CURRENT H-1B BENEFICIARY W/ ANOTHER EMPLOYER
            _____ All previous Notices of Action (Form I-797)
            _____ Copies of two most recent pay statements issued prior to filing the I-129. H-1B
                  has to maintain continuous status/employment in order for an approval notice for
                  the “port” request to be approved.
            _____ Copy of front and back of I-94 card (attached to passport)

CONCURRENT EMPLOYMENT CASE
            CURRENT H-1B BENEFICIARY W/ ANOTHER EMPLOYER
            _____ All previous Notices of Action (Form I-797)
            _____ Copies of two most recent pay statements issued prior to filing the I-129. H-1B
                  has to maintain continuous status/employment in order for an approval notice for
                  the “concurrent employment” request to be approved.
            _____ Copy of front and back of I-94 card (usually attached in passport)


The Foundation for The Gator Nation                                                                Rev. Sep-10
An Equal Opportunity Institution                                                                    Page 3 of 5
                                                                                        190 HUB. PO Box 113225
                                                                                       Gainesville, FL 32611-3225
                                                                                             Phone: 352-392-5323
                                                                                               Fax: 352-392-6782




           H1B PETITIONS FOR HEALTH CARE OCCUPATIONS
                    Certain occupations in the health care field that involve direct patient care have
                                   additional special H-1B eligibility requirements.

CLINICAL PHYSICIANS
_____ USMLE Steps 1, 2, & 3 (if the physician’s degree is not from the US)
      (FLEX I & II or NBME I, II, & III also acceptable)
_____ ECFMG Certification (if the physician’s degree is not from the US)
_____ Florida Medical License
OTHER CLINICAL HEALTH CARE WORKERS
_____ State License of Requested Specialty Occupation (if required in order to practice).
_____ CGFNS Certification (Commission on Graduates of Foreign Nursing Schools) or
      equivalent organization (Note: Exceptions include but are not limited to chiropractors,
      dentists, dental technicians, dental assistants, acupuncturists, psychologists, nutritionists,
      medical teachers, medical researchers, and managers of health-care facilities.)



                  DEPENDENT OF H-1B EMPLOYEE (H-4 BENEFICIARY)
H-4 STATUS APPLICATIONS
            For Dependent Who Resides Abroad:
            If the prospective or current H-1B beneficiary’s dependent currently resides abroad, an
            application (Form I-539) to request H-4 status for his or her dependents is not required.
            The H-1B beneficiary’s family members (H-4 dependents) may apply separately from the
            H-1B beneficiary for H visas at the appropriate U.S. consulate’s office or embassy.
            Please note that the dependents are required to undergo consular processing after
            submitting required documents. These documents include: a visa application; the H-1B
            beneficiary’s original approval notice; a current passport and documentation of his or her
            relationship to the H-1B beneficiary (marriage license or birth certificate); and any
            additional documents that the applicable U.S. consulate’s office or embassy may require.
            For Dependent Who Resides in the U.S.:
            If the prospective or current H-1B beneficiary’s dependent resides in the U.S., the
            dependents are required to submit a Form I-539 application packet. Only one Form I-539
            is required to be submitted per family (all dependents file for H-4 status on the same
            form). The dependents will receive a Receipt Notice (Form I-797) and an Approval
            Notice (Form I-797), if the application meets the federal requirements for processing, at
            their home address (which must be entered on the Form I-539). The University is not
The Foundation for The Gator Nation                                                                  Rev. Sep-10
An Equal Opportunity Institution                                                                      Page 4 of 5
                                                                                     190 HUB. PO Box 113225
                                                                                    Gainesville, FL 32611-3225
                                                                                          Phone: 352-392-5323
                                                                                            Fax: 352-392-6782


            responsible for filing application packets for the H-1B beneficiary or covering the
            processing fees for such applications. However, the Form I-539 application packet should
            be included in the H-1B petition packet that is submitted to the International Center, since
            the USCIS encourages concurrent filings of the Form I-129 and related Form I-539.
                                   DEPENDENT OF H-1B EMPLOYEE (H-4 APPLICANT)
                                        WHO RESIDES IN THE U.S. CHECKLIST

            _____ Form I-539 (Note: Spouse is the primary applicant and children, if any are listed
                  on the supplement.
            _____ Dependent’s I-20, if currently in F-2 status
            _____ Dependent’s DS 2019, if currently in J-2 status
            _____ Dependent’s I-94 card (front & back)
            _____ Dependent’s current Notice of Action (Form I-797) if currently in H-4 status
            _____ Dependent’s current visa in passport
            _____ Dependent’s biometrics page of the passport
            _____ Marriage License (if applicable)
            _____ Birth Certificate (if applicable)
            _____ Check made payable to DHS for $300.00
            _____ H-1B beneficiary’s Notice of Action (Form I-797)




The Foundation for The Gator Nation                                                               Rev. Sep-10
An Equal Opportunity Institution                                                                   Page 5 of 5