General Request Process
Departments are responsible for initiating all H-1B requests, not the H-1B employee. For all requests, begin at least 8 months prior to the requested start date. The steps outlined below explain the process you must undertake in submitting a successful H-1B request.
Step 1: Request a Labor Conditions Application (LCA) from Human Resources. The Department of Labor takes at least 2 to 3 months to process LCAs, so begin this process immediately.
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Contact the Assistant to the Director of Employment Services, Division of Human Resources at 404-727-2243. She will provide you with the necessary paperwork to begin the LCA process. She can also answer any questions that you may have regarding the prevailing wage and the LCA.
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The supervising faculty member must complete the attestation. Under Quick Links print off the Deemed Export Control Attestation packet, read the cover memo for instructions, and complete the decision tree. Once the department administrator has initiated the request in ISSS Link, the supervisor will receive a link to complete the required Deemed Export Certification or the Deemed Export Questionnaire as appropriate.
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If the faculty supervisor determines through the decision tree that a license may be required, then s/he must consult with your unit’s Export Controls Coordinator (See http://www.orc.emory.edu/export_control/index.cfm for a list of area or unit Export Controls Coordinators). Questions about Export Controls Regulations should be directed to your area or unit Export Controls Coordinator or to the Office of Research Compliance (orc@emory.edu). Please keep in mind that filing for export licenses takes time (45-90 days after license application) for approval from the government after filing. Until the license is received the supervising faculty member must prevent access to the controlled technology or technical data by the H-1B employee until and unless the petitioner has received the required license or other authorization to release it to the H-1B employee.
Step 3: Begin gathering documentation from your department and the employee.
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You should begin this step while the LCA is being processed. Please carefully review the H-1B Submission Checklist to be sure you gather all the necessary information.
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All documentation must now be submitted electronically. You may wish to begin scanning and saving documents as you receive them.
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Photocopies of original documents may be submitted, but original documents must be available for inspection by the U.S. Citizenship and Immigration Services (USCIS) upon request.
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Any documents in a foreign language must be accompanied by an English translation. The translator must certify the accuracy of the translation and his or her competency in the language to be translated and English. This statement must be notarized.
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Credentials from all foreign academic institutions must be evaluated for U.S. equivalency by a recognized credentials evaluation service (for a listing of some services, click here.)
Step 4: Fill out and submit the ISSS Link request.
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Access ISSS Link at https://issslink.emory.edu/ and log in using your general log-in and password. If you have not yet requested access to ISSS Link, please reference "Getting Started" for information on training and access.
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Complete the ISSS Link request for prospective/continuing employees in H-1B, TN, or O1 status. This includes e-forms that will be sent to the prospective employee to complete; they will receive an automatic email with the link to the forms once the department
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After the electronic compliance form has been completed by the employee's departmental supervisor, please print out the signature form by returning to the electonic compliance form and clicking on the link provided. Collect appropriate signatures on the Compliance Form, to include:
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Departmental Chair
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Medical School only: Dean’s Designee
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Step 5: Submit the signature page and checks for the filing fees to ISSS (North Decatur Building, Suite 130). All supporting documentation will now be submitted electronically through the ISSS Link request. If everything is ready to submit but the certified Labor Condition Application, please submit the request to ISSS for review so that the petition is ready to file when the LCA is certified.
Quick Links
- H-1B Submission Checklist (PDF)
- H-1B Change in FTE Form (PDF)
- H-1B Early Termination Form (PDF)
- H-1B Employee Information Form (PDF)
- H-1B Lateral Transfer Form (PDF)
- H-1B Standard Promotion Form (PDF)
- Credential Evaluation (Web)
- Deemed Export Control (PDF)