H-1B Specialty Workers
An H-1B classification applies to an alien who is coming temporarily to the United States to perform services in a specialty occupation that meets the requirements of that position, and who will be paid the appropriate wage of that position.
- Drexel University will not file H-1B visa petitions for part-time positions, including adjuncts.
- Applicant must be a current employee of Drexel University, Drexel University College of Medicine or the Academy of Natural Sciences of Drexel University (the H-1B is employer-specific) or must be offered employment by one of those entities.
- A bachelor's degree is required. Formal education must relate to position.
H-1B petitions are not always approved. Hiring departments must be prepared for this. The department may be required to prove that the industry standard requirement for the position is a bachelor's degree. If other people in the same department have the same or a similar position, the department must be prepared to show that the people in those positions also possess a bachelor's degree.
If ISSS finds that a case may be difficult to prove, an outside immigration attorney will be consulted at the department's expense. Departments will be notified in advance of legal consultation.
H-1B Application Process
In order to process an H-1B petition the hosting department and the H-1B applicant will need first to fulfill the export control procedure by filling out the necessary information here; Non-Immigrant Export Compliance Questionnaire. This can be completed by the applicant with help from the host or vice versa.
Should you have any questions at all, please do not hesitate to contact firstname.lastname@example.org. Upon approval from the Export Control Office, the hosting department and applicant will need to submit all required documents and support material as explained on the request forms. These forms and all support material can be submitted via email to email@example.com.
Please note that it will take about 2-3 weeks to prepare and file the H-1B petition with USCIS. The 2-3 week period will begin once the ISSS receives and approves all information from the employee and the department necessary to draft the H-1B petition.
Estimated timelines are provided for each section; these are only general estimates that can change based on individual circumstances. Once the below two steps are completed the H1B petition will be filed with USCIS and the employee and department will be notified.
Determination of Wage (Eight Business Days)
The wage provided will be compared to the prevailing wage determination from the Department of Labor (DOL) for the position. If it is determined that the position does not meet the prevailing wage, the wage of the employee must be increased before the application can continue.
Labor Condition Application (Seven Business Days)
Labor Condition Application is filed with the Department of Labor certifying the employee's pay, location of employment, and period for which the employee will be employed. This LCA will then be posted by Drexel HR.
The H-1B petition is filed with US Citizenship and Immigration Services (USCIS). ISSS will notify the department and applicant when the petition has be filed as well as when the receipt and subsequent approval are received.
For cases filed under Premium Processing the ISSS will receive notification of approval within 15 days of receipt date. The official approval notice will arrive via US mail approximately 5 days later.
For cases filed under regular processing ISSS will receive notification of approval approximately within 6 months of receipt date.
The official approval notice will arrive via US mail approximately 5 days later.
IMPORTANT NOTE: Currently USCIS is taking about 7.5 months for processing.
View current H-1B petition processing times.