New H-1B or Change of H-1B Employer (Porting)

H-1B petitions at the University of Colorado Denver | Anschutz Medical Campus are most commonly filed for the following types of positions:

• Professors at all ranks and instructors
• Research scientists, research associates and other research faculty
• Physicians and medical residents and fellows
• Post-doctoral Fellows
• Data Scientists and Research Services, Business Services and IT Professionals
• Other professional positions requiring at least a bachelor’s degree in a specialty field

If you are unsure whether a position qualifies for H-1B sponsorship, contact ISSS at [email protected] before initiating the request process.

Federal export control regulations (EAR and ITAR) require that the university certify compliance of the H-1B petition. The hiring unit must complete an export control review for every H-1B petition, regardless of whether the employee’s work involves controlled technology or information.

The export control review is completed through the university’s Visual Compliance system, managed by the Office of Regulatory Compliance. The hiring unit must submit this review before the H-1B request to avoid delays.

If the employee’s work involves access to controlled technology, an Export Control Plan (also called a Technology Control Plan) may be required. The Office of Regulatory Compliance will coordinate if this applies.

For more information on export control, select the box below. To submit an export control review, see Step 2 below.

Office of Regulatory Compliance — Export Control

Federal regulations require that H-1B employees be compensated at or above the higher of two wage levels:

• The actual wage — the wage paid by the university to other employees with similar experience and qualifications in the same or substantially similar position at the same worksite
• The prevailing wage — the average wage paid to workers in the same occupation in the same geographic area, as determined by the Department of Labor (DOL) wage data or another source that meets DOL criteria.

The hiring unit is responsible for completing the Actual Wage Memorandum, which documents the actual wage. The memo must be signed and submitted as part of the H-1B Request.

The immigration attorney determines the prevailing wage during petition preparation by referencing published wage data for the relevant Standard Occupational Classification (SOC) code, a federal system to classify workers into occupational categories, and geographic area.

If the offered salary does not meet or exceed both wage levels, the petition cannot be filed. The hiring unit must adjust the salary to comply before the petition moves forward.

When Wages Must Begin

• New or current employee obtaining H-1B status by entering the U.S. or
  • On or after the start date of the H-1B status (date of entry or start date of petition, whichever is later); and 
  • As soon as they “present themselves for employment” after the date above; and 
  • No later than 30 days after the start date of H-1B status 
• New employee in H-1B status changing employers 
  • On or after the start date of the university’s petition; and 
  • As soon as they “present themselves for employment” after the date above; and 
  • No later than 60 days after the start date of H-1B status 
• New or current employee changing status to H-1B in the U.S. 
  • On or after the start date of the university’s petition; and 
  • As soon as they “present themselves for employment” after the date above; and 
  • No later than 60 days after the start date of H-1B status 

Before filing an H-1B petition, the employer must obtain an approved Labor Condition Application (LCA) from the Department of Labor. The LCA attests that:

• The H-1B employee will be paid at or above the required wage level
• The employment of the H-1B worker will not adversely affect the working conditions of similarly employed U.S. workers
• There is no strike or lockout at the worksite
• Notice of the filing has been provided to the bargaining representative or posted at the worksite

The immigration attorney prepares and files the LCA as part of the petition preparation process. The LCA must be approved before the H-1B petition can be submitted to USCIS.

Notice of Filing Posting Requirements

A Notice of Filing (NOF) must be provided to employees in the same job classification as the H-1B employee. The posting method depends on the worksite:

• Electronic posting for university worksites (including UCHealth and CU Medicine): The NOF must be sent via email to all employees in the hiring unit with the same job classification as the H-1B employee.
• Physical posting for third-party worksites: Two copies of the NOF must be printed and physically posted at the H-1B employee's third-party worksite(s) — including any remote worksites — for 10 consecutive business days. Third-party worksites include home worksite, the VA, Colorado Children's Hospital, and National Labs.

The immigration attorney provides the NOF; the hiring unit is responsible for posting it at the appropriate worksite(s) and certifying that it was posted for the full required period.

The following changes require submitting an H-1B Request to ISSS and filing a petition with USCIS before the change takes effect:

• Significant change in job duties (including a change from postdoc to a faculty appointment)
• Change in work location outside normal commuting distance (including a change to or from a home worksite address)
• Addition of supervisory duties
• Change in FTE (increase or decrease)
• Decrease in salary

An addition of, or change in, worksite within normal commuting distance requires a new Notice of Filing posting before work at the new site begins. This does not require filing an H-1B petition with USCIS, but it does require coordinating with ISSS for the new NOF. Contact ISSS for a new notice of posting or filing.

If you are unsure whether a change in employment requires immigration action, contact ISSS before implementing the change. Making a material change without filing an amended petition puts the employee's H-1B status at risk and may result in compliance issues for the university.

If unsure whether a change in employment requires immigration action, contact ISSS before implementing the change. Making a material change without filing an H-1B change in employment petition puts the employee's H-1B status at risk and may result in compliance issues for the university.