H-1B

The H-1B visa program allows U.S. employers to temporarily employ foreign workers in specialty occupations.

Overview of the H-1B Process

  • Fordham files a Labor Condition Application (LCA) with the Department of Labor (DOL), ensuring that prevailing wages will be offered to the prospective H-1B employee.
    • The LCA must be certified by the DOL and included with the H-1B petition to the United States Citizenship and Immigration Services (USCIS).
    • The earliest the LCA can be filed with DOL is 6 months before the proposed start date.
  • Once the LCA is approved by DOL, Fordham files the H-1B petition (Form I-129) along with the certified LCA and supporting documents to USCIS.
    • The H-1B petition can be filed up to 6 months before the employment start date.
  • USCIS reviews the petition and, if approved, grants H-1B status to the foreign employee. 
  • If the new employee is located outside the U.S., USCIS will inform the Department of State to facilitate visa application procedures. The beneficiary is required to apply for an H-1B visa at at U.S. consulate or embassy abroad prior to entry into the U.S.

H-1B Status Overview

  • Initial H-1B status allows for a maximum stay of up to 3 years, with extensions possible in 3-year increments thereafter, up to a total of 6 years.
  • H-1B 6-Year Limit. An individual is allowed to stay in H-1B status in the United States for a maximum of 6 years. The duration spent in any H category, excluding H-4, or in L status, excluding L-2, is subtracted from the total available period of stay in H-1B.
  • 212(e). Individuals subject to the 212(e) 2-year home residence requirement are not eligible for H-1B visas.
  • Employment is limited to the specific employer and employment specified in the approved H-1B petition. However, regulations permit holding positions with multiple concurrent employers, as long as each H-1B employer has a separate petition approved by USCIS.
  • “Dual intent” is recognized. This means that an H-1B nonimmigrant is not subject to the presumption of immigrant intent under INA § 214(b), so that section of law cannot serve as a basis for denying an H-1B visa.

  • Please inform The Office for International Services as soon as possible if you will need assistance obtaining work authorization or if you will need to change your status.

    The Process

    • The Office for International Services (OIS) receives a copy of the signed employment contract for the new foreign national hire.
    • The new hire completes the New Employee Questionnaire.
    • OIS reviews the questionnaire to assess if H-1B status is appropriate.
    • If OIS determines an H-1B visa is appropriate, OIS will recommend the new hire complete the H-1B Application.
    • OIS then reviews the completed application and prepares the H-1B visa filing on behalf of the employee.
    • OIS will notify the employee once the U.S. Citizenship and Immigration Services (USCIS) has reached a decision (adjudicated) on their H-1B visa petition.

    Processing Time

    • After the submission of the H-1B Application, the preparation of an H-1B filing can take between 2 and 3 weeks to complete.
    • A decision from USCIS using normal H1B petition processing can take up to several months.
    • Premium Processing enables petitioners to expedite the adjudication of the H-1B petition by paying an additional filing fee. Fordham University will only cover this optional premium processing fee if it serves the University's interests.

    Notes

    • The University bears the cost of filings for the principal beneficiary only (the employee). Any required fees for spouses and dependents are the responsibility of the employee.
    • Upon submission of the H-1B petition, if you are in the U.S., you should not depart the U.S. for any reason. If you leave the U.S. while the petition is pending, the petition may be deemed “abandoned,” leading to its cancellation by USCIS. If you need to travel internationally while your petition is pending with USCIS, you must notify OIS in advance.

  • Responsibilities of the H-1B Visa Holder

    • Changes in Address must be reported to USCIS within ten days using form AR-11.
    • Please provide OIS with a copy of your new visa stamp and I-94 record whenever you re-enter the U.S.
    • Notify OIS as soon as possible if you will need to extend your H-1B status.

Labor Condition Applications

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 08/15/2025 – 08/14/2028.
    • The worker being sought by Fordham University is for the position of Assistant Professor, Computer and Information Sciences at a salary of $122,000.
    • The worker will be employed on the Rose Hill Campus and the Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at the Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 01/01/2026 – 12/31/2028.
    • The worker being sought by Fordham University is for the position of Assistant Professor, History at a salary of $99,912.
    • The worker will be employed on the Rose Hill Campus and Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at The Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 08/15/2025 – 08/14/2028.
    • The worker being sought by Fordham University is for the position of Assistant Professor, Computer and Information Sciences at a salary of $128,000.
    • The worker will be employed on the Rose Hill Campus and the Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at the Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 09/01/2025 – 08/31/2026.
    • The worker being sought by Fordham University is for the position of Associate Clinical Professor, Business, at a salary of $115,512. 
    • The worker will be employed on the Rose Hill Campus and Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at The Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 09/01/2025 – 05/01/2027.
    • The worker being sought by Fordham University is for the position of NOF Asst. Clinical Professor, Marketing at a salary of $148,569.
    • The worker will be employed on the Rose Hill Campus and Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at The Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 12/18/2025 – 12/17/2028.
    • The worker being sought by Fordham University is for the position of Assistant Professor, Marketing at a salary of $170,000.
    • The worker will be employed on the Rose Hill Campus and Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at The Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.

  • Notice of Filing of Labor Condition Application with the ETA (Employment and Training Administration)

    • One H1B nonimmigrant worker is being sought by Fordham University through the filing of a labor condition application with the Employment and Training Administration of the U.S. Department of Labor.
    • The period of employment is from 08/28/2025 - 08/31/2026.
    • The worker being sought by Fordham University is for the position of Lecturer, Computer and Information Sciences at a salary of $73,439.
    • The worker will be employed on the Rose Hill Campus and the Lincoln Center Campus of Fordham University.
    • The labor condition application is available for public inspection at the Office for International Services.

    Complaints alleging misrepresentation of material facts in the labor condition application and/or failure to comply with the terms of the labor condition application may be filed with any office of the Wage and Hour Division of the United States Department of Labor.