Introduction to the H-1B for Department Administrators and Affiliated Hospital Adminstrators
H-1B Specialty Worker
Brown University can petition to the United States Citizenship and Immigration Services (USCIS) to issue H-1B status on behalf of a scholar who is being employed by Brown or its affiliated hospitals in a “specialty occupation” and who has adequate educational degrees and specialized knowledge to perform in this occupation. H-1B status is valid up to 3 years, can be renewed for another 3 years, and allows the temporary non-immigrant to apply for permanent immigration status while in H-1B status. If the scholar is dismissed from their appointment at Brown for any reason, the department in which they are employed at Brown must pay the reasonable cost of return transportation to his/her home country.
The H-1B petition process is relatively complex, costly, and lengthy. An H-1B petition should be submitted to USCIS up to six months prior to the anticipated start date. There are 3 major steps in the H-1B petition process.
I. Prevailing Wage
Once OISSS receives all the required documentation for the H-1B we must complete a Prevailing Wage determination for the specific position being offered to the scholar. Federal Law requires Brown to pay at least 100% of the prevailing wage to the H-1B employee.
II. Labor Condition Application (LCA)
After receiving the approved prevailing wage determination from the Department of Labor (DOL), OISSS submits to the DOL a LCA, in which Brown attests that: it will pay the prevailing wage, the employment of the scholar will not adversely affect other workers; there is not a strike or work stoppage in effect; and the LCA form will be posted in 2 conspicuous locations for ten consecutive business days.
Note: It is estimated that it will take an average of seven to ten business days before we receive a certified LCA back from the DOL.
III. Submitting the Petition
The petition itself, with supporting documentation and payment is mailed to USCIS.