This section is for MSU departments that are considering sponsoring or are actively sponsoring an H-1B employee. If you are looking for information for the H-1B employee, visit the H-1B Employees page.
Important: Do not make employment changes, including changes to job duties, salary, work location, department, or work schedule, until you have consulted with OISS. Some changes require USCIS approval before they can take effect.
Is a H-1B the Right Option?
H-1B status is available for employees working in specialty occupations that require specialized knowledge and at least a bachelor’s degree (or equivalent) in a specific field.
Before beginning the sponsorship process, contact OISS to discuss eligibility and timelines.
Department Responsibilities:
Step One: Contact OISS
Step Two: Prevailing Wage & Export Control
Step Three: Labor Condition Application
The department:
Step Four: Petition Preparation and Filing
Step Five: Approval & Onboarding
Hiring an Employee Already in H-1B Status:
Employees already working in H-1B status generally require a new H-1B petition from MSU. Contact OISS before making an employment offer so appropriate filing timelines can be discussed.
Changes:
Departments must notify OISS before any changes, including:
Some changes require an amended H-1B petition before they may take effect.
Extensions:
Departments should begin extension requests seven to eight months before the employee’s current H-1B expires. Contact OISS to discuss the required documentation and filing process.
Departments must continue paying H-1B employees according to the approved terms of their employment.
This includes periods when the employee is temporarily unable to perform work for employer-related reasons, such as lack of assigned work, lack of required permits or approvals, or other employment-related circumstances outside the employee’s control.
Departments are generally not required to continue H-1B wage payments during periods when the employee is voluntarily absent from work or unable to work for personal reasons, such as approved unpaid leave, voluntary personal leave, or certain medical or family leave situations, as permitted by applicable employment policies and laws.
Contact OISS before placing an H-1B employee on unpaid leave or making changes to employment status.
U.S. Citizenship and Immigration Services (USCIS) may conduct routine site visits to confirm that the information in the H-1B petitions is accurate. These inspections are not unusual and do not indicate a problem.
If USCIS or DHS contacts your department:
If an H-1B employee resigns or employment ends earlier than expected: