Foreign National Employees

Information included in this section is intended for members of the international community and supervisors at the University of Wisconsin-Green Bay. This site is subject to change based on revisions of federal regulations and/or changes in the interpretation of those regulations. Information provided here does not constitute legal advice. Because of the complexity of immigration regulations, please consult with Human Resources well in advance of any immigration action.
 
Please refer to http://www.uscis.gov/ and www.foreignlaborcert.doleta.gov/ for more information on immigration, forms, and processing dates.

 

H-1B Process

(Temporary Employment of Foreign Workers in Specialty Occupations)
 
1.  Prevailing Wage Request

The Prevailing Wage is the minimum wage for the specified position that an employer must pay a foreign worker (determined by the U.S. Department of Labor).
Processing Time: 2-4 months
 

2.  Notice of Intent to File Labor Condition Application

The University is required by the U.S. Department of Labor to post a Notice of Filing Labor Condition Application.
Posting Time: 10 business days
 

3.  Labor Condition Application (LCA)

The LCA is to ensure that U.S. wages are not depressed by the hiring of foreign labor and that foreign workers are not exploited. The employer attests that the employer will pay the required wage, which is the greater of the prevailing wage or the actual wage, and that the employment of H-1B workers will not adversely affect the working conditions of U.S. workers. The H-1B worker will be given a copy of the LCA.
Processing Time:  1 week
 

4.  Petition for Nonimmigrant Worker (Form I-129)

Employers complete this form to obtain temporary work authorization for foreign national workers. The terms of employment for the H-1B visa are employer and position specific.  Completion of this form and routine filing fees are the responsibility of the University.
Processing Time: 2-6 months

 

5.  (If applicable) Application for Dependents (Form I-539)

Dependents of the nonimmigrant worker must complete this form to extend stay or change nonimmigrant status.  Completion of this form and associated fees are the responsibility of the employee and their dependents. As a courtesy, Human Resources is willing to submit the completed Form I-539, a check payable to U.S. Department of Homeland Security, and necessary documentation when filing the Form I-129.
Processing Time: 2-6 months
USCIS processing times are estimated and subject to change.
 

Permanent Residence Process

 
1.  Prevailing Wage Request

The prevailing wage is the minimum wage for the specified position that an employer must pay a foreign worker (determined by the U.S. Department of Labor).  If the previous prevailing wage has not expired, it can be used for the Labor Certification.
Processing Time: 2-4 months
 

2.  Notice of Intent to File Labor Certification

The University is required to post a notice of intent to file Labor Certification to indicate that a competitive recruitment and selection process were conducted, a foreign national was selected, and a permanent Labor Certification application will be filed.
Processing Time: Paper Posting: 10 business days / Electronic Posting: 30 calendar days
Waiting Period: 30 calendar days after electronic posting removed

 

3.  Labor Certification/PERM (ETA 9089)

Labor Certification requires the employer to prove that there are no minimally qualified U.S. workers for the position. Once “certified,” the University will be able to apply for permanent residency for the foreign national.
Processing Time: 4-6 months
 

4.  Immigrant Petition for Alien Worker (Form I-140)

This form is to petition for an alien worker to become a permanent resident in the United States. Upon satisfactory performance and approval from the academic Dean, the University will complete this form on behalf of the foreign national.  Completion of this form and routine filing fees are the responsibility of the University.  When Premium Processing is required, filing fees are the responsibility of the University.
Processing Time: 4-6 months

 

5.  Application to Register Permanent Residence or Adjust Status (Form I-485)

Form I-485 is the final step required to adjust status to permanent residence and cannot be submitted until the priority date is current.  Completion of this form and associated fees are the responsibility of the employee and their dependents. May be filed concurrently with the Form I-140.
Processing Time: 4-6 months

USCIS processing times are estimated and subject to change.
 

Resources & Forms