Foreign National Employees Information: For Hiring Managers
This page provides guidance for hiring managers working with prospective or current employees who require visa sponsorship or have foreign national employment documentation requirements. HRS works with hiring managers throughout the process and coordinates with the University's contracted immigration law firm, Berry Appleman and Leiden LLP (BAL).
All visa sponsorships are unique. The information on this page is provided for general reference and is not intended to describe all requirements of any particular sponsorship process. Time estimates will not apply in all cases. The University of Montana is not obligated to sponsor any person for a visa, and HRS does not guarantee a favorable outcome of any petition submitted to U.S. Citizenship and Immigration Services (USCIS).
Who This Applies To
Faculty | Staff | Contracts
This page applies to supervisors and hiring managers managing positions that may require visa sponsorship or foreign national employment documentation.
H-1B Visa Sponsorship
The H-1B visa is the most common visa sponsorship at UM. It covers specialty occupations requiring at least a bachelor's degree and is limited to a single employer at a single work site. H-1B Visas are employer-based Visas and as such, the employer is required by law to pay all base costs for the H-1B petition.
NOTE: Per the Presidential Proclamation of September 19, 2025, certain H-1B visa petitions are subject to a $100,000 fee. This fee does not apply to change-of-status petitions or to H-1B extensions. For more information contact the HRS Onboarding Technician (Foreign National Liaison).
Process
Post the position and extend an offer
The sponsorship process begins after a position has been posted and a candidate has been identified. If a candidate indicates they require visa sponsorship, alert your Recruitment Specialist immediately.
Alert your Recruitment Specialist
Notify your HRS Recruitment Specialist as soon as a candidate identifies a visa sponsorship need. Early notification allows HRS to assess the situation and provide a cost and processing time estimate before the offer is finalized.
Contact the HRS Onboarding Technician (Foreign National Liaison)
The HRS Onboarding Technician will review the sponsorship need, provide an estimate of costs and processing time, and open a case with BAL on the University's behalf. Contact HRS through the Ask HR ticket system to be connected with the Onboarding Technician.
Candidate completes BAL questionnaire
Once a case is opened with BAL, the prospective employee will be contacted directly by BAL to complete an immigration questionnaire. This information is used to prepare the USCIS petition.
USCIS petition is submitted and processed
BAL prepares and submits the H-1B petition to USCIS on behalf of the University. Standard processing through Steps 3 to 5 typically takes between 3 and 6 months. USCIS Premium Processing, which carries an additional fee, typically reduces this to approximately 2 months. Processing times are estimates only and may vary significantly.
Candidate completes consular visit
After USCIS adjudicates the petition, the candidate will typically need to complete a consular visit and may need to respond to additional information requests before the visa is issued.
Petition approved and employee begins work
Once the H-1B petition is approved and the visa is issued, the employee may begin work. H-1B visas are typically issued for 1 to 3 years and may be extended for a cumulative maximum of 6 years.
Export Controls
U.S. export control laws govern the transfer of technology, information, and commodities to foreign nationals within the United States. Some research and work at UM may be subject to these regulations, which can affect the employment of foreign nationals in related positions.
HRS coordinates with the UM Office of Research Compliance on export control matters. If you are hiring for a position that involves research or technology that may be subject to export controls, contact the UM Office of Research Compliance early in the hiring process.
Documentation Requirements for Hiring Managers
When onboarding a foreign national employee, hiring managers are responsible for ensuring that all required employment authorization documents are collected and submitted to HRS. Required documents vary by visa type. Refer to the For Employees and Prospective Employees page for the full documentation list by visa type.
All foreign national employees must complete a Foreign National Information Form on their first day of work.
Frequently Asked Questions
-
As soon as the candidate indicates a sponsorship need, typically at the time the offer of employment is made. Prompt notification allows HRS to provide a cost and processing time estimate so you can factor that into your hiring timeline and budget discussions. Please note that an applicant’s residency status may not be considered during the hiring process. If an applicant requests information regarding H-1B Visa sponsorship during the hiring process, please refer them to the Onboarding Technician, or have them email AskHR@mso.umt.edu.
-
No. The University of Montana is not obligated to sponsor any person for a visa. Sponsorship decisions are made on a case-by-case basis in consultation with HRS, the department, and university leadership as appropriate.
-
The employer pays all base costs for the H-1B Visa. Contact the HRS Onboarding Technician for information on costs. Costs vary depending on the type of petition and processing options selected.
-
Contact the UM Office of Research Compliance early in the hiring process. HRS will coordinate with Research Compliance if export control regulations may affect the employment of a foreign national in your position.
-
It depends on their visa type. H-1B visa holders are authorized to work only for their sponsoring employer at a single work site. Other visa types have different restrictions. Refer to the visa type quick reference on the For Employees and Prospective Employees page or contact HRS for guidance.
Contact this Team
For questions, please submit a ticket through AskHR, email askhr@umontana.edu, or call 406-243-6760.