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H-1B Processing Time

ISO Processing Time

We need to receive all documents six (6) months before the H-1B start date. This gives the advisor time to prepare, file and receive an H-1B approval notice. Included in this timeline are the following:

Work with U.S. Department of Labor: 1 month

  • ISO Scholar and Employee Services advisors determine the prevailing wage rate using the U.S. Department of Labor's Foreign Labor Certification Data Center Online Wage Library.
  • The advisor then compares the prevailing wage with the actual wage, which is the wage rate paid by the University to all individuals similarly employed with similar experience and qualifications. This comparison produces the required wage rate, or rate of pay, which must be the higher of:
  •        100% of the actual wage for the specific employment in question; OR
  •        100% of the prevailing wage rate for the occupation in which the H-1B non-immigrant is to be employed in the geographic area of intended employment.
  • The required wage can exceed the above criteria; however it cannot be less than the above criteria.
  • When the required wage rate is obtained, the advisor must file a Labor Condition Application (LCA) with the United States Department of Labor (DOL) for certification. A certified LCA must be received from the DOL before an H-1B non-immigrant petition can be filed.

H-1B Petition Processing at USCIS:  15 business days (minimum) with premium processing

  • Change of Status and Consulate Notification H-1B petitions must be filed with premium processing.
  • Extension and Portability H-1B petitions may be filed with regular processing but ISO strongly encourages premium processing with these petition types.
  • USCIS regular processing times continually change as posted at uscis.gov

Petition Type

Processing Type

Length of time

Change of Status

Consulate Notification

Premium processing

15 business days to reply to a petition after receipt by USCIS

Extension

Portability

Regular processing

5-6 months

 H-1B Receipts and Approval Notices:                    2 Weeks

USCIS sends out receipts and approval notices via the U.S. Postal Service which can take two (2) weeks to arrive at the ISO.

Acquisition of visa stamp from a U.S. Consulate for employees who are outside the U.S.:

If the employee is outside the U.S. or is considering travel, please allow time for consulate processing to obtain the visa stamp in the H-1B worker’s passport. Most U.S. Embassies and Consulates are working under capacity due to COVID. U.S. visa appointments are backlogged four to six months across the world.