Understanding H-1B Employment

Overview of H-1B Status

The H-1B (Temporary Worker) nonimmigrant status may be granted to a non-U.S. resident who has been offered a professional-level position in the United States. To obtain H-1B status, the prospective employer must file a petition with the U.S. Department of Homeland Security/U.S. Citizenship and Immigration Services (USCIS).

At The University of Tennessee, the International Student & Scholar Services (ISSS) within the Center for Global Engagement (CGE) prepares and submits all official H-1B petitions to the U.S. Department of Labor (DOL) and USCIS on behalf of UTK departments, UTIA, and the Space Institute. Department Heads should be familiar with U.S. laws and regulations governing H-1B status before submitting a request to ISSS. Sponsoring an employee for H-1B status can be a lengthy process and requires active participation from the hiring department.

Positions Eligible for H-1B Sponsorship

H-1B status is appropriate when The University of Tennessee employs a non-U.S. resident in a professional position. Although both the authorized stay and employment permission are temporary, the position itself may be permanent.

To qualify for H-1B sponsorship, a position must be a “specialty occupation.” The Department of Homeland Security defines specialty occupation as “an occupation which requires theoretical and practical application of a body of highly specialized knowledge and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.”

At UT, H-1B sponsorship is most often used for faculty, post-docs, and research associates, although other positions can qualify if they meet the definition of a specialty occupation. Departments interested in sponsoring a staff position are encouraged to contact the ISSS office while crafting the position description to be sure the position will be eligible. Positions that don’t require at least a bachelor’s degree in a specific field are not eligible for H-1B sponsorship.

In some cases, alternative statuses, such as J-1 (Visiting Scholar), O-1 (Extraordinary Ability), TN (for Canadian or Mexican citizens), or E-3 (for Australian citizens), may be more suitable. Nonimmigrants who already have employment authorization (documented by an Employment Authorization Document, or EAD) may also be eligible to work, such as F-1 students on Optional Practical Training (OPT).

The University cannot employ or continue to employ any individual who is not a U.S. citizen or lawful permanent resident and does not possess valid work authorization. Unpaid “volunteer” service is not permitted in positions that would normally be paid. Departments should contact ISSS to discuss possible alternatives to H-1B sponsorship.

Detailed Steps and Instructions

The H-1B request process is initiated by the academic department hiring the H-1B employee. The department must begin the request in the iVols system as well as giving the employee access to the necessary applicant form in iVols. Specific instructions and checklists for both the department and the H-1B employee are in the two links below.

• Hiring Departments

• H-1B Employees

Processing Timeline

Departments should not begin the H-1B process until a formal job offer has been made. To understand what needs to be considered before making a job offer, see the Department Pre-Offer Guide. If there are concerns regarding timing, costs, or responsibilities, contact ISSS before submitting a request.

Departments should begin the H-1B process as early as possible. The total processing time is typically 4-6 months or longer, depending on government processing times and case complexity. ISSS generally requires 3-4 months from receipt of all materials to prepare and submit the petition to USCIS.

Once the petition is submitted to USCIS, petitions submitted without premium processing will take an additional 4-6 months for approval. Departments may choose to request premium processing for an additional $2,805, (increasing to $2,965 effective March 1, 2026) which expedites only the USCIS portion of the process. Premium processing guarantees a decision from USCIS within 15 business days unless USCIS requests additional information or documentation.

If the employee is abroad, obtaining a U.S. visa may take an additional 1-3 months. The Presidential Proclamation of Restriction on Entry of Certain Nonimmigrant Workers (09/19/2025) may apply. Please contact ISSS as soon as possible if the employee is outside the US and will need an H-1B visa to enter the United States. Additional documentation and fees may apply.

Work Authorization Timeline

If a prospective employee does not already have H-1B status or another type of work permission (such as F-1 Optional Practical Training), they may not begin working at UT until the UT H-1B petition has been approved by USCIS and ISSS has received the approval notice. In some cases, an employee may begin working with another type of authorization such as F-1 OPT.

If the employee has a current H-1B at their employer (including UT), they may begin (or continue) working at UT on the date specified on the petition once the H-1B has been filed and ISSS has received the receipt notice. They may continue working for 240 days while the petition is pending.

Fees

All government filing fees associated with the H-1B petition must be paid by the sponsoring department and cannot be paid or reimbursed by the employee. University policy does not permit payment of fees related to dependents. Fees are not refundable.

As part of the review process, ISSS will send an invoice to the hiring department to collect the necessary account numbers for the necessary fees. Payments for the USCIS fees will be made on an ISSS procurement card and charged to the account provided on the invoice. ISSS fees will be completed as internal charges. As of October 28, 2025, the U.S. government is no longer accepting paper checks.

Current USCIS fees include:

• $460 - USCIS filing fee per petition

  • Required for all petitions

• $500 - Fraud prevention and detection fee

  • For first filing with UTK; not required on extensions

• $2,805 - Premium processing fee (increasing to $2,965 for petitions submitted to USCIS on or after March 1, 2026)

  • Almost always necessary but not required in every case; speeds up USCIS’s processing but not ISSS’s processing.

• If a prospective employee is currently outside the United States and needs an H-1B visa to enter the US, the Presidential Proclamation of Restriction on Entry of Certain Nonimmigrant Workers (09/19/2025) may apply. Additional fees or additional documentation may be required.

ISSS fees include:

• $1,000 - Non-Academic Unit Fee

  • Processing fee for units housed outside of an academic college. Academic departments/units belonging to a college do not need to pay this fee.

• $500 - Late Fee

  • All departments/units that submit an H-1B Request Packet to ISSS with less than 8 weeks of processing time must pay this late penalty. Paying the $500 penalty does not guarantee processing within 8 weeks and is not a fee to speed up ISSS’s processing times. It is a penalty for not allowing more than two months of lead time.

Compliance Responsibilities

When filing an H-1B petition, the university makes certain commitments to both the U.S. Department of Labor and the U.S. Department of Homeland Security. Departments/units that sponsor employees for H-1B must be active partners with ISSS in upholding these commitments. Direct supervisors of H-1B employees and other departmental personnel should familiarize themselves with the following information.

Labor Condition Application (LCA)

Before an H-1B petition can be filed, the Center for Global Engagement (CGE) must submit a Labor Condition Application (LCA) to the U.S. Department of Labor (DOL). This filing ensures compliance with federal labor regulations and includes four required employer attestations:

1. Wages and Benefits – The H-1B employee will be paid at least the actual wage for the position at the place of employment (e.g., UTK) or the prevailing wage for the local area, whichever is higher. The employee must be paid for the full petition period, even during nonproductive time, and must receive the same benefits provided to U.S. employees in comparable positions.

2. Working Conditions – Employment of the H-1B worker will not adversely affect the working conditions of other employees in similar roles.

3. Labor Disputes – There is no active strike or lockout at the place of employment.

4. Notice of Filing – A notice of the LCA filing must be posted in at least two prominent locations at the worksite (e.g., the hiring department, the UT Human Resources Office, and any additional work location). The notice includes the employee’s title and salary. ISSS will facilitate the necessary postings, but if your employee will work at an off-campus location, please provide contact information for an on-site employee at that site who can assist with the necessary postings.

Although no documentation needs to be filed with the LCA itself, the employer is required to maintain a file of substantial, detailed, documentation supporting the above attestations (known as the “Public Access File”). This documentation must be available for inspection by any interested party, including the U.S. Department of Labor. The required documentation will be compiled and kept in the Center for Global Engagement.

Wage Determinations

Actual Wage

The actual wage is defined as the salary paid to other employees in the same department with similar qualifications and responsibilities. The hiring department must identify a list of comparable employees using uniform criteria. If the offered H-1B salary is below all other comparable employees, it must be increased before an H-1B request can proceed. See the for detailed instructions.

Prevailing Wage

The prevailing wage is the average wage for similar positions in the same geographic area, as determined by the U.S. Department of Labor. While other approved wage surveys may be used, UT typically relies on DOL data.

If the H-1B employee’s salary does not meet both the actual and prevailing wage requirements, UT cannot file the LCA or H-1B petition, and the individual cannot be employed.

Employee Benefits

H-1B employees must receive the same benefits as U.S. employees in equivalent positions, following standard University policies. Under UT policy, regular employees are eligible for all benefits; therefore, most H-1B employees must be classified as regular, full-time employees. Part-time appointments are rare and must comply with specific federal documentation requirements (see below).

Accuracy and Job Consistency

All details in the H-1B petition—including the position title, salary, job duties, and work location—must be complete and accurate. Once filed, the University is legally obligated to pay the stated wage. Submitting incorrect or inconsistent information may result in federal penalties for the University and legal issues for the employee.

Multiple Work Locations

If an employee will work at more than one location (e.g., at Oak Ridge National Laboratory), both DOL and USCIS must be notified.

• Short-term work at another site totaling 30 days or less per year does not need to be included if UT reimburses all travel expenses.

• If work exceeds 30 days, the location must be listed in the petition, and ISSS must obtain a separate prevailing wage determination for each site.

Export Control Compliance

U.S. export control laws restrict the transfer of sensitive technologies to nationals of certain countries. Each H-1B petitioner must verify compliance by completing an Export Control Attestation Form, certifying whether the employee will have access to controlled technology.

The Export Control process from the University’s Export Control Officer is now housed in DASH. See guide for instructions.

Termination and Leave Without Pay

UT is legally required to pay the stated wage for the duration of the H-1B petition, even if the employee is not actively working, unless the petition is formally withdrawn.

• If an H-1B employee’s appointment ends, departments must immediately notify ISSS using the Departure Notification Form available in iVols so that the petition and LCA can be withdrawn.

• H-1B employees may not be placed on unpaid leave, except in limited circumstances such as FMLA. Always consult ISSS before placing an H-1B employee on unpaid leave.

• If employment is terminated early, UT may remain liable for wages until USCIS is notified.

• If the termination is initiated by the employer, UT must also pay the cost of the employee’s return travel to their home country.

Departments should therefore request an H-1B petition only for the period for which funding is guaranteed. Extensions can be filed later if funding continues.

Part-Time Employment

Part-time H-1B employment is permitted only if explicitly stated in the petition, including the number (or range) of hours per week. Wages must be expressed as an hourly rate, and departments must:

• Maintain daily records of hours worked.

• Submit those records to UT Human Resources.

Employees may not work more or fewer hours than stated. Because of the record keeping and compliance burden, UT rarely files part-time H-1B petitions, and such petitions are not permitted for research positions.

Time Limits on H-1B Status

Each H-1B petition may be approved for up to three years, with a maximum total of six years in H-1B status (including prior employers). The six-year clock resets only if the employee spends at least one continuous year outside the U.S.

Employees with a pending permanent residence application may be eligible for an extension beyond six years. Contact ISSS for details on this exception.

Required Documentation

Before an H-1B employee may begin work, the following documentation must be in place:

1. USCIS approval notice (Form I-797) for the specific UT position with the approval start date reached.

2. I-94 record showing valid, unexpired H-1B status.

If an employee already holds valid H-1B status and UT’s petition has been filed with USCIS, they may begin or continue work for up to 240 days while the new petition is pending. Consult ISSS for details on this provision.

Additional Employment

An H-1B petition approved for UT authorizes employment only with UT. If the employee wishes to work for another institution (including consulting or paid honoraria), that organization must file its own H-1B petition. The employee may, however, receive reimbursement for travel expenses related to UT employment without additional authorization.

Regulatory Background

The following regulations form the basis of H-1B policy at the University of Tennessee.

8 CFR 214.2(h)(1)(ii)(B)

8 CFR 214.2(h)(4)(i)(B)

20 CFR 655.731(c)(9)(ii)