A specialty occupation requires theoretical and practical application of a body of specialized knowledge along with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics, physical sciences, medicine, accounting, law, and the arts are all specialty occupations. This is the most commonly used category to sponsor an international employee.

Under current regulations, the H-1B status can be granted for an initial term of three years, with the possibility of a three-year extension, for a maximum duration of six years. Cal State L.A. is required to file a Labor Condition Application (LCA) which attests that the alien will be paid the prevailing wage, that the employer will provide working conditions that will not adversely affect the working conditions of U.S. workers, and that there is no strike or lockout at the time of filing. The appropriate bargaining unit representative for the position must be notified. If there is no bargaining unit for the position, then the LCA must be posted at two conspicuous locations for 10 working days.

The H-1B visa category is approved for a specific period of time. If the H-1B employee is terminated prior to the end of the approval date, the College is required to pay the reasonable cost of the employee’s return transportation abroad.

The H-1B employee may only work for the petitioning U.S. employer and in the activities described in the H-1B petition. A change in job description may require an amended petition to be filed with USCIS.

After a foreign national has been offered a position at the University, the Hiring Authority should prepare and submit the Sponsor Package to the International Office.

The Sponsor Package includes:

• University Sponsor of a Non-Immigrant Employee Approval
• Non-Immigrant Employee Bio-Data Form
• Department Agreement for Non-Immigrant Sponsor
• Resume/C.V. of non-immigrant employee
• Copy of job description
• Copy of offer letter
• $500 check from College payable to “U.S. Department of Homeland Security”

Upon receipt of this package, the International Office will work with the non-immigrant employee’s attorney to process the H-1B petition.

This is an estimated timeline of how long the process will take for each step. It will change from case to case.

* The non-immigrant employee may request Premium Processing. This will result in a determination by USCIS in 15 working days. An additional $1000 fee is assessed by USCIS and paid by the employee.

Non-immigrant employee is not eligible to start work until the H-1B petition is approved, unless he/she has a valid employment authorization. If the employee is already in H-1B status and is changing employers in a similar job, the employee is eligible to start working prior to receiving the approval. This issue should be directed to the International Office.

Below is a list of fees involved in the H-1B petition. All fees associated with this petition, except the fraud fee, is responsible for by the non-immigrant employee.

* Fees are subject to change without notice. For updated fees, please consult with USCIS website: www.uscis.gov. This does not include any applications on behalf of eligible dependents or visa processing fees if the non-immigrant employee and/or dependents are outside the U.S.

Dependents include a spouse, and any children under 21 years of age. Dependents will be issued a H-4 visa for their stay in the U.S.

Dependents are not permitted to work. They are eligible to study part-time or full-time as long as the educational program does not include employment (e.g., research assistantship).

This visa category is created under the North America Free Trade Agreement and is therefore limited to citizens of Canada or Mexico. There are restrictions as to what type of positions can qualify for this visa category. When a CSULA Department or other unit wishes to employ a Canadian or Mexican national, this visa category can be an option.

The following eligibility requirements have to be met:

1. The profession has to be on the list of qualifying positions for TN status, as set forth in Appendix 1603.D.1 to Annex 1603 of the NAFTA.
2. The position requires the individual to have at least a baccalaureate degree or appropriate credentials demonstrating status as a professional.
3. The individual possesses the requisite educational background and experience for that position.

The TN visa can be approved initially for up to three years with extensions for three year increments. There is no cumulative maximum so long as the TN visa holder can show the employment is temporary.

After a foreign national has been offered a position at the University, the Hiring Authority should prepare and submit the Sponsor Package to the International Office.

The Sponsor Package includes:

• University Sponsor of a Non-Immigrant Employee Approval
• Non-Immigrant Employee Bio-Data Form
• Resume/C.V. of non-immigrant employee
• Copy of job description
• Copy of offer letter
• Copy of highest academic degree certificate
• Required license for the position (if any)

Upon receipt of this package, the International Office will issue a TN Support Letter to the non-immigrant employee. He/She will then take the letter along with the package of supporting documents prepared by the International Office to apply for the TN visa.

Mexican citizens will submit the package to the U.S. Embassy/Consulate and apply for the TN visa.

Canadian citizens are not required to obtain a visa stamp for entry into the U.S. They will show the packet of documents prepared by the International Office to the port-of-entry officers and apply for entry at that time.

This is an estimated timeline for a non-immigrant employee outside of the U.S. Other applications and/or documents may be required if the non-immigrant is applying for a change of status inside the U.S. It will change from case to case.

Below is a list of fees involved in the TN petition if the non-immigrant is outside the U.S. Other fees will be assessed if the non-immigrant is applying for a change of status inside the U.S.

Dependents are spouse and children under 21 years of age. They will be issued a TD visa for their stay in the U.S.

They are not permitted to work. They are eligible to study part-time or full-time as long as the educational program does not include employment (e.g., research assistantship).

The O-1 nonimmigrant category is for the employment of individual aliens who have achieved and sustained national or international acclaim for extraordinary abilities in the sciences, arts, education, business or athletics or aliens who have demonstrated a record of extraordinary achievement in the motion picture and television industries. The category permits an employer to petition USCIS for a foreign national to come to the U.S. on a temporary basis to work within his or her area of extraordinary ability or achievement.

Extraordinary abilities mean the foreign national has a level of expertise found in a small percentage of who have arisen to the very top of the field of endeavor.

The initial period is a maximum of three years, with one year extensions available thereafter. There is no maximum cumulative duration. The employer is responsible for providing reasonable costs of return the foreign national to his or her last place of residence if the alien’s employment is terminated prior to the sponsored end date.

Cal State L.A. is required to file a Labor Condition Application (LCA) which attests that the alien will be paid the prevailing wage, provide working conditions that will not adversely affect the working conditions of U.S. workers, and there is no strike or lockout at the time of filing. The appropriate bargaining representative for the position must be notified. If there is no bargaining unit for the position, then the LCA must be posted at two conspicuous locations for 10 working days.

The O-1 visa holder may work for the employer sponsor and in the activities described in the petition. A change in job description may require an amended petition to be filed with USCIS.

After a foreign national has been offered a position at the University, the Hiring Authority should prepare and submit the Sponsor Package to the International Office.

The Sponsor Package includes:

• University Sponsor of a Non-Immigrant Employee Approval
• Non-Immigrant Employee Bio-Data Form
• Department Agreement for Non-Immigrant Sponsor
• Resume/C.V. of non-immigrant employee
• Copy of job description
• Copy of offer letter

Upon receipt of this package, the International Office will work with the non-immigrant employee’s attorney to process the O-1 petition.

This is an estimated timeline of how long the process will take for each step. It will change from case to case.

Non-immigrant employee is not eligible to start work until the petition is approved, unless he/she has a valid employment authorization. If the employee is already in O-1 status and is changing employers in a similar job, the employee must await for the new petition to be approved prior to starting at CSULA.

Below is a list of fees involved in the O-1 petition. All fees associated with this petition are responsible for by the non-immigrant employee.

* Fees are subject to change without notice. For updated fees, please consult with USCIS website: www.uscis.gov.

Dependents are spouse and children under 21 years of age. They will be issued a O-3 visa for their stay in the U.S.

They are not permitted to work. They are eligible to study part-time or full-time as long as the educational program does not include employment (ie: research assistantship).