The process below outlines the filing of an H-1B petition after the request has been approved by all parties. Howard University has partnered with outside immigration counsel to process all Non-Immigrant cases.
Step 1 – Questionnaire
The candidate will be informed by Visa & Immigration Services that Howard University has agreed to submit an H-1B petition on their behalf. The candidate will receive communication from our external partner to complete a series of questionnaires surrounding the candidates educational background, previous professional experience and immigration history in the United States.
Step 2 – Filing of Labor Condition Application
Howard University is required to obtain a certified Labor Condition Application (LCA) with the U.S. Department of Labor (DOL) before an H-1B petition can be filed with the United States Citizenship and Immigration Services (USCIS). The purpose of the LCA is to certify that both the working conditions of our American employees will not be adversely affected by the H-1B worker and that the incoming H-1B worker will be provided comparable conditions to their American counterparts when employed.
The LCA will be reviewed and adjudicated by the DOL within seven (7) working days. Prior to the filing of the LCA, Visa & Immigration Services will post a notice within the department and college. Notice of LCA will be posted for 10 consecutive business days before being taken down. In the event that the position falls under a unionized occupation, Visa & Immigration Services will provide the Notice of LCA to the bargaining representative.
Step 3 – Petition filed with USICIS
All associated parties will be provided with updates as the petition progress with USCIS.
Step 4 – Petition received and adjudicated
USCIS will provide Howard University with an electronic courtesy communication that the petition has been received at their office for review. In addition, USCIS will mail an official receipt notice, I-797 Notice of Action, with a tracking number (i.e. WAC0000000000) to monitor the progression of the petition online. The H-1B worker will be provided with a copy of the receipt notice. Under Premium Processing the petition will take 15 calendar days for review. Under normal processing, the petition will take 6-8 months for review. After the case has been approved USCIS will provide Howard University with an electronic courtesy communication and the official approval notice, I-797, Notice of Action. Visa & Immigration Services will provide the H-1B worker with the official approval notice.
Step 5 – H-1B worker reports for employment
H-1B workers will start employment with Howard University at different times.
H-1B workers who holds H-1B status with Howard University – Eligible to continue employment without the need for separation, underlying that the H-1B petition was submitted prior to the current expiration date. The H-1B worker is eligible for 240 days of work authorization while the petition is pending with USCIS. Once the petition has been approved final H-1B work authorization will be determined by USCIS.
H-1B workers who already hold H-1B status with a separate organization. – Eligible to begin employment following the filing of the H-1B petition with USCIS, underlying that the H-1B petition was submitted prior to the current expiration date. The H-1B worker is eligible for 240 days of work authorization while the petition is pending with USCIS. Once the petition has been approved, final H-1B work authorization will be determined by USCIS.
H-1B workers who are changing Non-Immigrant status to H-1B – Eligible to begin employment following the approval of the H-1B petition filed with USCIS. Once the petition has been approved final H-1B work authorization will be determined by USCIS.
H-1B workers not in the U.S. – H-1B workers will need to apply for an H-1B visa abroad at the nearest U.S. diplomatic mission. The H-1B worker will travel to the U.S. and provide their documentation to the United States Customs and Border Protection (CBP). The CBP agent will review the H-1B worker’s documentation and determine the length of stay in the U.S. The dates of work authorization will be displayed on Form I-94, Arrival/Departure Record.