H-1B Petitions

These guidelines apply to benefits-eligible faculty and staff in full-time positions who require employer sponsorship for work authorization in the United States.

• Sponsorship is a discretionary university benefit, not an automatic entitlement.
• The process is guided by U.S. Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), and Department of State (DOS) regulations.
• Employment with TXST does not guarantee H-1B sponsorship.
• The university department in which the eligible faculty or staff member works is responsible for initiating the H-1B sponsorship process with the TXST International Employment office.
• To ensure fairness and transparency, all hiring units must develop, document, and consistently apply standardized criteria and evaluation processes when considering H-1B sponsorship requests.

A. General Eligibility 

1. Position Requirements 

The role must qualify as a "specialty occupation," necessitating at least a bachelor's degree in a specific field relevant to the position's duties.

2. Employment Terms

The position must be full-time and benefits-eligible. Part-time roles, adjunct positions, and roles contingent upon student status are ineligible.

3. Wage Compliance

The university must pay the higher of the actual wage (what it pays similarly qualified employees) or the prevailing wage as determined by the U.S. Department of Labor.

4. Duration

Generally, the maximum period for H-1B workers is six years with some common exceptions. In most cases of an initial H-1B, status can be granted for up to three years with the possibility of extension for a maximum of six years. 

B. Faculty Positions Eligibility

The university strongly supports H-1B sponsorship for full-time, tenure-track and non-tenure-track faculty positions that require advanced academic credentials.

1. Eligible Titles

Assistant Professor, Associate Professor, Professor, Lecturer, Clinical Faculty, and similar academic titles.

2. Sponsorship Considerations

• Must be a permanent or renewable appointment.
• A formal job offer and signed offer letter must be in place.

C. Postdoctoral Positions Eligibility

Full-time postdoctoral positions in specialty occupations typically requiring a doctoral degree. 

1. Eligible Titles

Positions such as Postdoctoral Fellow, Research Fellow, and similar titles.

2. Sponsorship Considerations

A formal job offer and signed offer letter must be in place.

D. Staff Positions Eligibility

Sponsorship for staff positions is more restrictive and is considered under specific circumstances.

1. Eligibility 

Only full-time, benefits-eligible staff positions that are classified as "difficult to fill" due to the specialized nature of the role may be considered for H-1B sponsorship. Example titles include: IT Specialist, Research Analyst, Specialized Accountant, scientific roles or similar titles.

2. Sponsorship Considerations

• A formal job offer and signed offer letter must be in place.
• Institutional priorities addressed by the position.
• Institutional knowledge gained through long-term employment by individual.

Summary Table

A. Timing

Hiring units initiate H-1B sponsorship requests in a timely manner based on USCIS processing times. Currently 6 – 8 months from the start date of employment.

B. Considerations

• Financial commitment. The hiring unit covers the filing fees and other relevant fees.
• Hiring units must notify International Employment of any changes in role responsibilities or employment status after initiating the H-1B sponsorship request. 

A. University Covers 

• Legal fees

B. Hiring Unit Covers

• Legal fees
• Government filing fees
• FedEx fees
• External counsel consultation fees when requested

A. Hiring Unit Request

H-1B sponsorship requests can only be initiated by the hiring department through the TXST International Employment’s H-1B Petition Request form.

B. Review and Approval

1. Faculty and Postdoctoral Positions

• TXST International Employment will review the hiring department’s request for sponsorship.
• TXST Faculty and Academic Records will confirm hire and type of position.
• Outside legal counsel will review petition information and will assess if requirements for petition are met.

2. Staff Positions

• Justification: The hiring department must provide evidence demonstrating the position's critical nature and the challenges faced in recruiting qualified U.S. workers.
• TXST International Employment will review the hiring department’s request for sponsorship.
• TXST Human Resources will review and assess the justification presented.
• IF approved by International Employment and Human Resources, outside legal counsel will review petition information and will assess if requirements for petition are met.

Any changes to the H-1B employee's job duties, work location, salary, title or employment status must be reported to TXST International Employment prior to implementation. Unauthorized changes may violate visa conditions and jeopardize both the employee's status and the university's compliance.