Initiating an H-1B Request (including TN / E-3)
The H-1B classification is an employment status for individuals who will perform services
in a "Specialty Occupation," defined as a position that requires at least a bachelor's
degree (or its equivalent) as a minimum requirement. A maximum of three years can
be requested at one time, while a total of six years in H-1B status is possible.
IMPORTANT: The Department Administrator will submit the H-1B Employee Application to initiate "new" requests H-1B petitions, as well as for those requiring extensions and/or amendments to existing H-1B petitions.
Before beginning the H-1B Employee Application in accessVIS:
- Confirm the prospective employee has an Empl ID (Stony Brook ID#) in PeopleSoft.
If creating the ID, allow 24-hours for the profile to be updated in accessVIS before
initiating the request.
- Employee’s date of birth and citizenship (must indicate “Alien Temporary”) are correct in PeopleSoft - incorrect information will
affect the employee’s ability to login.
- Confirm the employee’s email is up-to-date in PeopleSoft.
- Prepare required documents for upload before beginning an electronic request. Acceptable file types are PDF and JPG. PDF is preferred.
For step-by-step instructions on initiating the H-1B Employee Application, click here!
STEP 1: Department Administrator logs into accessVIS to begin the H-1B Employee Application.
- Click here, or enter https://vis.stonybrook.edu in your browser.
- Click the Administrative Services for University Departments link (at the bottom of the screen).
- Login using your netID and password.
- Expand the Scholar & Faculty Services window (located on left menu bar), and select H-1B Employee Application.
- Enter the prospective employee’s Stony Brook ID# and date of birth.
STEP 2: Submitting the H-1B Employee Information form.
Department Administrator is asked to provide basic information regarding the type of request (i.e. New, Extension, Amendment), prospective employee, hiring unit and compensation. Additionally the following documents must be uploaded:
- Letter of Offer/Employment Contract
- Description of proposed duties (i.e. personnel requisition)
- Summary of prior work experience (i.e. resume / C.V.)
- Support Letter for the H-1B Petition signed by the employee's supervisor and including:
- Position Title
- Dates of intended employment
- Detailed description of duties worker will perform and qualifications required for the position
- Detailed description of how the worker's credentials relate to the position
- State that the employer will be liable for the reasonable cost of return transportation of the worker abroad if the employee is dismissed from employment by the employer before the end of the period of authorized stay
STEP 3: Submitting the Actual Wage List Information form.
Actual wages are determined by comparing the salaries paid to individuals with similar credentials, experience and responsibilities. Identifying the many factors that determine who gets paid more or less is necessary in order to articulate the employer’s wage system in documenting the actual wage rate. Salaries may be based upon many variables, including degree, publications, years of experience, professional recognition, etc.
Under the terms set out by the U.S. Department of Labor, the employer is required to show that the H-1B worker will be paid the higher of either: a) the prevailing wage for the occupation in the area of employment or b) the actual wage for the occupation at the place of employment.
NOTE: If you are uncertain, Visa and Immigration Services (VIS) will offer assistance in obtaining the necessary information from HR Classification and Compensation, however this could cause delays in filing the H-1B petition.
STEP 4: Submitting the Dean's Certification of Labor Conditions form.
Visa & Immigration Services is responsible for ensuring departmental and institutional compliance with the conditions noted in the Labor Condition Application. Submission of this form will trigger an email to the Dean requesting his/her acknowledgement and electronic certification of the department's willingness to comply with all federal and university requirements.
Additionally, submission of the Dean's Certification of Labor Conditions form will trigger an email to the prospective employee instructing him/her to login to accessVIS to complete the following forms:
- Biographical Information
- Dependent Spouse/Child (if applicable)
STEP 5: H-1B Employee Request undergoes Initial Review by Visa and Immigration Services (VIS)
Upon submission of all required forms the department will be notified and the request will be reviewed by VIS. Please allow 10 business days for review.