Information for Colleges
Non-Immigrant Sponsorship Process
Non-Immigrant Categories
Below are the most common visa categories that Howard University works with:
F-1 Visa – Is a nonimmigrant visa category designated specifically for international students who wish to enter the United States as a full-time student. All requests for the F-1 visa should be directed towards The Office of International Student Services (ISS). ISS is the main point of contact for questions relating to the F-1 visa and restrictions that apply.
F-2 Visa – Is a nonimmigrant visa category designated specifically for the family members of international students who hold an F-1 visa. Howard University does not assume any responsibility for individuals who hold an F-2 status beyond preparing Form I-20 Certificate of Eligibility for Nonimmigrant Status. Any questions regarding F-2 status and restrictions should be brought up to ISS.
J-1 Visa – Is a nonimmigrant visa category designated specifically for foreign nationals who wish to engage in a pre-approved visitor exchange program (i.e. student, research scholar, professor). All requests for the J-1 visa should be directed towards The Office of International Student Services (ISS). ISS is the main point of contact for questions relating to the different categories of the J-1 visa and restrictions that apply.
J-2 Visa – Is a nonimmigrant visa category designated specifically for the family members of individuals who hold a J-1 visa. Howard University does not assume any responsibility for individuals who hold a J-2 status beyond preparing Form DS-2019 Certificate of Eligibility for Exchange Visitor Status. Any questions regarding J-2 status and restrictions should be brought up to ISS.
H-1B Visa – Is a nonimmigrant visa category designated specifically for foreign nationals who wish to enter the United States under the purpose of engaging in employment in a specialty occupation. The H-1B visa is not available for self-sponsorship. Only the employer (Howard University) may petition foreign nationals for employment at Howard University. All questions about H-1B visa sponsorship should be directed to our office.
H-4 Visa – Is a nonimmigrant visa category designated specifically for the family members of individuals who hold an H-1B visa. Howard University does not assume any responsibility for individuals who hold an H-4 status. Any questions regarding H-4 status and restrictions should be brought up to a licensed immigration attorney.
O-1 Visa – Is a nonimmigrant visa category designated specifically for foreign nationals who possess Extraordinary Ability in the sciences, education, business, athletics, or demonstrate Extraordinary Achievement in the arts, and motion picture / television industry. Only the employer (Howard University) may petition foreign nationals for employment Howard University. All questions about O-1 visa sponsorship should be directed to our office.
O-3 Visa – Is a nonimmigrant visa category designated specifically for the family members of individuals who hold an O-1 visa. Howard University does not assume any responsibility for individuals who hold an O-3 status. Any questions regarding O-3 status and restrictions should be brought up to a licensed immigration attorney.
Requests
All inquiries regarding H-1B, O-1, and TN visa sponsorship should be directed towards Visa & Immigration Services for guidance. If a decision is made to move forward with a Non-Immigrant Visa Sponsorship Petition, the requesting department is responsible for submitting a Sponsorship Request Package to Visa & Immigration Services for review. A final determination will be made by Visa & Immigration services, ensuring that both candidate and position follow compliance with the intended status. Visa & Immigration Services will then send the completed request to both the Office of the Dean and Office of the Provost for final authorization before initiating the request. Visa & Immigration sponsorship can take a significant amount of time between internal review, drafting of the petition, filing with the associated government agency and waiting for a final adjudication from said government agency, therefore Visa & Immigration Services recommends that all requests be made at least 3 months before the candidate's start date.
Eligibility
Prior to considering any individual for H-1B visa sponsorship, he or she must meet all of the following criteria:
- Have completed a minimum of six (6) months of employment with Howard or have essential skills that Howard has been unable to find within the U.S. market.
- Be employed in a position which requires at least a bachelor’s degree related to the job duties.
- If a new hire, with the exception of medical residents, have at least three (3) years of H-1B time remaining.
- Have an actual or anticipated performance appraisal rating of “exceeds expectations” or better.
Application Process
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.
Immigrant Sponsorship Process
Immigrant Categories
Below are the most common immigration categories that Howard University sponsors:
Employment–Based Immigration: First Preference (EB-1). This preference category is reserved for individuals who possess an Extraordinary Ability in the fields of science, arts, education, business, and athletics, or are considered Outstanding professors and researches. Extraordinary and Outstanding ability is determined through a strict set of criteria outlined by USCIS. All questions about EB-1 immigration sponsorship should be directed to our office.
Employment–Based Immigration: Second Preference (EB-2). This preference category is reserved for individuals who possess an Advanced Degree in their profession, or as seen as showing Exceptional Ability in the fields of science, arts, and business. Exceptional Ability is determined through a strict set of criteria outlined by USCIS. All questions about EB-2 immigration sponsorship should be directed to our office.
Employment–Based Immigration: Third Preference (EB-3). This preference category is reserved for individuals who are Skilled Workers, Professionals, and Unskilled Workers (other workers). All questions about EB-3 immigration sponsorship should be directed to our office.
Requests
All inquiries regarding Lawful Permanent Residency sponsorship should be directed towards Visa & Immigration Services for consultation. Due to the complex nature and the significant time investment of a permanent residency petition, an in-person meeting between the Department Chair and Visa & Immigration services is required. If after the meeting the decision is made to move forward with a Permanent Residency petition, the requesting department is responsible for submitting a Permanent Resident Request Package to Visa & Immigration Services for review. A final determination will be made by Visa & Immigration Services, ensuring that both candidate and position follow compliance with the intended immigrant status. Visa & Immigration Services will then send the completed request to both the Office of the Dean and Office of the Provost for final authorization before initiating the request.
Eligibility
Prior to considering any individual for Permanent Residency sponsorship, he or she must meet all the following criteria. Please note that the following criteria are not meant to be all inclusive.
- The individual must have been employed by Howard for at least three years. This three-year period is not required by federal immigration laws; it is a Howard University policy.
- The individual must already be employed in the permanent position for which s/he will be sponsored and the position must be full-time.
- The individual must have demonstrated expertise or outstanding job performance in a field essential to Howard.
- The individual must have performance appraisal ratings of “exceeds expectations” or better in all years of employment.
- The Department or School must intend to employ the candidate for at least an additional three years and funding for the position for a three-year period must be guaranteed.
Application Process
Employment-based permanent U.S. residency is a multi-step process which is both complex and time sensitive. In addition, the applicant for permanent residency must meet U.S. government immigration requirements by possessing certain levels of education or experience, and his or her proposed job placement within Howard must directly utilize that education or experience. Obtaining an adjustment to permanent resident status typically takes many multiple years. The permanent residency process varies depending on the preference category that the applicant will be petitioned under. Below are the 3 most common applications associated with a filing for permanent residency.
Stage 1: PERM/Labor Certification
An application for labor certification is submitted to the Department of Labor (DOL). The Department of Labor must certify that there are not sufficient U.S. workers able, willing, qualified, and available to accept the job offered at the prevailing wage for the occupation in the area of intended employment, and that employment of the foreign worker will not adversely affect the wages and working conditions of similarly employed U.S. workers. In brief, the PERM stage requires the employer to demonstrate that the foreign national was selected pursuant to a competitive recruitment and selection process, through which the foreign national must be found to be the “best qualified” and that there are no similarly qualified U.S. workers available to fill the position in question.
Stage 2: I-140 Immigrant Petition
Once the PERM (Labor Certification) has been approved, an I-140 Immigrant Petition can be filed with U.S. Citizenship and Immigration Services (USCIS). The I-140, Immigrant Petition, is used to petition USCIS for a foreign national to work in the U.S. on a permanent basis. The I-140 petition is filed to establish the foreign national’s eligibility for an employment-based immigrant status. At this stage, the employer must demonstrate: (1) having the sufficient financial resources to hire the foreign national on a full-time basis and pay the foreign national the offered wage as determined by the PERM Labor Certification; and (2) that the foreign national worker has the necessary qualifications for the position offered.
Stage 3: I-485 Adjustment of Status
The I-485 application is whereby the foreign national adjusts non-immigrant status to immigrant status (that is, permanent resident status). This is the final step in obtaining a U.S. Permanent Resident Card (also known as a “Green Card”) to live and work in the U.S. permanently.