H1B | International Education

H-1B Sponsorship for Faculty Members

The H-1B classification is an employment-based nonimmigrant status for eligible positions that require specialized knowledge and at least a bachelor’s degree or higher in a specific field.

At CSUSB, H-1B sponsorship is primarily used for eligible faculty appointments. H-1B sponsorship for staff positions is not routine and requires separate institutional review before any commitments are made by a hiring unit.

Departments should contact ISSS as early as possible when hiring or continuing employment for an international faculty member who may need H-1B sponsorship.

H-1B Sponsorship at CSUSB

H-1B employment is:

Employer-specific: The H-1B petition is filed by CSUSB for employment with CSUSB.
Position-specific: The petition must reflect the approved position title, job duties, salary, FTE, and appointment dates.
Worksite-specific: The petition and Labor Condition Application must reflect the location where the employee will physically perform the work.

ISSS prepares and files CSUSB-sponsored H-1B petitions for eligible employees. Faculty members do not need to hire a personal immigration attorney for the university’s H-1B petition filed by ISSS.

However, faculty members may choose to consult an immigration attorney for personal matters, including dependent applications, travel questions, permanent residency strategy, or personal immigration history.

Who May Be Eligible for H-1B Sponsorship

H-1B sponsorship may be available when:

The position requires at least a bachelor’s degree or higher in a specific field;
The employee has the required degree or equivalent qualifications;
The position qualifies as a specialty occupation;
The employment is with CSUSB;
The salary meets required wage standards;
The worksite and employment terms can be accurately documented; and
The department or hiring unit agrees to support the required institutional process and filing fees.

H-1B eligibility is not automatic. ISSS must review the position, employee qualifications, immigration history, proposed start date, worksite, salary, and other employment details before confirming whether H-1B sponsorship is appropriate.

Department and College Responsibilities

Departments and colleges play an important role in the H-1B process. They are responsible for providing accurate and timely information needed for the petition.

Departments and colleges may be asked to provide:

Completed H-1B request forms;
Offer letter or appointment documentation;
Position title, duties, salary, FTE, and appointment dates;
Job posting or recruitment information;
Minimum degree, field of study, experience, and special skill requirements;
Worksite location and remote work information;
Confirmation of funding for required filing fees;
Employment verification letters or position support letters;
Updates regarding any changes to the position or appointment.

Departments should not change the employee’s title, duties, salary, FTE, department, worksite, or appointment dates without first consulting ISSS. Some changes may require a new or amended H-1B petition before the change can take effect.

H-1B Timeline

H-1B petitions require multiple steps and should be started as early as possible. Processing timelines vary depending on the case type, employee history, USCIS processing times, and whether premium processing is needed.

The general process includes:

Department contacts ISSS regarding possible H-1B sponsorship.
ISSS reviews the position, employee eligibility, immigration history, and timing.
Department and employee provide required documentation.
ISSS prepares and files the Labor Condition Application with the U.S. Department of Labor.
After the Labor Condition Application is certified, ISSS prepares and files the H-1B petition with U.S. Citizenship and Immigration Services.
USCIS issues a receipt notice.
USCIS reviews the petition and may approve, deny, or issue a Request for Evidence.
If approved, the employee may begin or continue H-1B employment according to the approval notice and applicable work authorization rules.

Employees may not begin H-1B employment at CSUSB until the appropriate work authorization is in place. In many cases, this means the H-1B petition must be approved before employment may begin.

Special Considerations

Costs and Premium Processing

H-1B petitions include required government filing fees. Under federal rules, required employer filing fees must be paid by the employer and may not be passed to the employee.

Premium processing may be recommended or required when timing is critical, such as when:

An employee’s work authorization is close to expiring;
An approval is needed before a start date;
USCIS processing times would otherwise create employment disruption;
The department or college needs a decision by a specific date for operational reasons.

Premium processing does not guarantee approval. It only provides faster USCIS action, which may include approval, denial, or a Request for Evidence.

Departments and colleges should plan for potential H-1B filing costs early in the hiring or extension process.

Changes That Require ISSS Review

Because H-1B employment is tied to the specific terms listed in the petition, changes to the position or employment conditions may require ISSS review before the change occurs.

Contact ISSS before any of the following changes:

Job title or rank;
Job duties;
Salary or pay structure;
FTE or work schedule;
Department or reporting unit;
Worksite location;
Remote work location;
Appointment start or end date;
Leave of absence or extended unpaid leave;
Outside employment or additional paid activity;
Early resignation, termination, or transfer to another institution.

Not every change requires an amended H-1B petition, but ISSS must review the change before it is implemented.

Remote Work and Online Teaching

Online course modality does not automatically change the H-1B worksite. The relevant question is where the employee will physically perform the work.

If the employee will physically work from the CSUSB campus or within the same area of intended employment covered by the Labor Condition Application, the existing worksite information may be sufficient.

If the employee will regularly work from a remote location outside the area covered by the Labor Condition Application, ISSS must review whether a new Labor Condition Application and/or amended H-1B petition is required before remote work begins.

Departments and employees should contact ISSS before approving or beginning remote work from a location not previously reviewed.

Travel While an H-1B Petition Is Pending

International travel while an H-1B petition is pending can affect the petition, especially if the petition includes a request to change or extend immigration status from within the United States.

Employees should contact ISSS before making international travel plans while an H-1B petition is pending.

Travel may affect:

Change of status requests;
Extension of status requests;
I-94 records;
Visa stamp requirements;
Ability to return to the United States;
Employment start dates;
USCIS petition strategy.

Employees should not assume that travel is safe or permitted until ISSS has reviewed the timing and petition type.

H-4 Dependents

Eligible dependents of H-1B employees may apply for H-4 status.

ISSS does not prepare H-4 applications in-house. H-1B employees may choose to prepare dependent applications themselves or work with a qualified immigration attorney.

Dependent applications may have timing and travel implications. Employees should consider speaking with an immigration attorney if they have questions about spouse or child dependent applications, H-4 extensions, H-4 employment authorization, travel, or personal immigration history.

H-1B Extensions and Long-Term Planning

H-1B status is generally time-limited. Employees and departments should plan early for extensions and long-term immigration needs.

Departments should contact ISSS well in advance of the H-1B expiration date to discuss extension planning. Employees should also inform ISSS if they are pursuing permanent residency, have an approved Form I-140 immigrant petition, or are working with an immigration attorney on a green card process.

Permanent residency planning may affect long-term H-1B extension options and timing.

Important Reminders

Please contact ISSS before:

Setting or changing an employment start date;
Beginning employment at CSUSB;
Making changes to title, duties, salary, FTE, department, or worksite;
Approving remote work from a new location;
Traveling internationally while a petition is pending;
Accepting outside employment;
Filing personal or dependent immigration applications that may affect current status;
Ending CSUSB employment.

H-1B sponsorship is complex and fact-specific. Early communication helps prevent avoidable delays, employment interruptions, and compliance concerns.

Contact ISSS

Departments, hiring units, faculty, and staff should contact International Student and Scholar Services as early as possible when H-1B sponsorship may be needed.

ISSS will review the case, explain the institutional process, and identify the required next steps.