Information for Residency and Fellowship Program Directors

International Scholars Operations has identified five significant issues that should be carefully considered by campus departments that sponsor H-1B visas for foreign national physicians. For further information, please contact ISO.

 

Labor Condition Application

As part of the H-1B application process, ISO files Form ETA9035 Labor Condition Application (LCA) with the U.S. Department of Labor. ISO sends two copies of the certified LCA to the Department sponsoring the H-1B visa. One copy must be given to the beneficiary and the other must be copied and immediately posted for ten business days in two prominent locations at each worksite (e.g., UWMC, HMC, off-site clinics, etc.) where the H-1B beneficiary will work or rotate, regardless of the duration of the activity at that worksite. If this is not feasible, H-1B sponsorship should not be offered to a candidate. Failure to post the LCA is a violation of federal law.
 

Change of worksite

Federal law permits the beneficiary of an H-1B petition to work only at the worksite (e.g., rotation site) addresses listed on the Labor Condition Application (LCA) filed in support of the H-1B petition. If a change in worksite is anticipated, contact ISO well in advance of the worksite change. If the new worksite is within the geographic area of employment listed on the existing LCA, a copy of the LCA must be posted at two prominent locations at the new worksite. (“Geographic area” is the area within normal commuting distance of the worksite listed on the LCA.) If the new worksite is outside the geographic area of employment listed on the LCA, the University must generally file a new LCA and H-1B petition with associated filing fees. In either situation, the LCA must be posted before beginning the rotation at the new worksite. Always contact ISO before placing an H-1B employee at a new worksite or if there are other anticipated changes in the terms and conditions of employment.
 

Payment of fees

It is the responsibility of the hiring department to pay all H-1B petition fees on behalf of the foreign beneficiary.
 

Wage Requirements

The salary paid to a foreign national on an H-1B visa must meet the Department of Labory’s wage requirements. The University can sponsor H-1B visas for medical residents and fellows only if UW stipends keep up with prevailing wage data approved by the Department of Labor.

       

Mandatory orientations

Please note that the period of H-1B validity must include the time that the resident will attend mandatory orientation programs, and the department must pay the required wage throughout that time period.