Initiating an H-1B Request

You must complete several steps before an H-1B request can be submitted. Careful preparation will help avoid delays and ensure your request can move forward without issues.

You should begin the process well in advance of the intended start date.

• New H-1B petitions: Start 4–6 months in advance
• H-1B transfers: Allow at least 3 months
  
  

Step 1: Confirm Employee Record

Before starting the request, you must:

• Confirm the employee has a Stony Brook ID (Empl ID)
• Ensure their date of birth, email, and citizenship are correct in PeopleSoft

If a new ID is created, wait 24 hours before proceeding so the system can update properly.

Step 2: Prepare Required Documents

You must gather and upload the required documents in PDF format, including:

• Letter of Offer or Employment Contract
• Description of job duties (such as a personnel requisition)

Incomplete or incorrectly formatted documents will delay processing.

Step 3: Submit the Request

You must submit an Immigration Counsel Referral Request in accessVIS.

Once submitted:

• The Dean (or equivalent) will receive a request to approve the case
• This confirms your department agrees to comply with H-1B requirements

VIS cannot proceed without this approval.

Step 4: Employee Completes Their Portion

After submission, the employee will receive instructions to:

• Log into accessVIS
• Provide their personal and immigration information

Delays from the employee will delay the overall process.

Step 5: Compliance and Export Control Screening

VIS will coordinate required compliance checks, including:

• Screening through the Office of Research Compliance
• Verification that the employee and their institution are not restricted under U.S. law

This step is required before moving forward.

Step 6: Wage Review

You must participate in a required wage review to confirm the employee will be paid correctly.

You must ensure the salary meets:

• The prevailing wage for the position, or
• The actual wage paid to similar employees

Whichever is higher must be used.

Faculty Positions

If you are hiring for a faculty position, you must:

• Complete the Actual Wage Statement (fillable PDF)
• Upload the completed form to the Actual Wage Survey eForm in accessVIS

You must submit this form even if there are no similar employees in your department.

Non-Faculty Positions

If you are hiring for a non-faculty position, you must:

• Submit the Actual Wage eForm in accessVIS

This confirms your department understands and agrees to meet wage requirements.

After submission:

• VIS will work with HR Classification and Compensation to complete the wage review
• This process typically takes 2–3 weeks.
  
  

Important Reminder

You are responsible for ensuring that the offered salary meets federal requirements. The H-1B petition cannot proceed until the wage review is complete and compliant.

Step 7: VIS Review and Referral

Once all materials are submitted:

• VIS will conduct a preliminary review
• You should allow 5–7 business days for this step
• If complete, the case will be referred to immigration counsel

The employee will then be contacted directly by the law firm to continue the process.

Important Reminder

You are responsible for submitting complete and accurate information and starting the process early. H-1B petitions involve multiple steps, internal approvals, and government review, so early preparation is essential to avoid delays.