One of the most important parts of selecting the right visa path for you is determining the average processing time. The H-1B visa is highly sought after for several reasons, one of them being that it’s a dual intent visa, but also because of the relatively fast processing time.
Contact VisaNation attorneys for filing your registration and petition.
Current H-1B Processing Time
The H-1B visa processing time is between 9 and 9.5 months under regular processing, which is how long it takes USCIS to decide on the I-129 petition.
- Changes of status to H-1B in the United States take 9 months
- Visas to be issued abroad are taking 9.5 months.
- Extensions of stay are taking 10.5 months
Various factors contribute to variances in the H-1B processing time, including:
- The Labor Condition Application (LCA) processing time
- Filing as part of the H-1B cap or cap-exempt
- The workload of the USCIS service center processing your petition
- Requests for Evidence
- Whether you are adjusting status or you live abroad.
The better you understand your case, the more accurately you can predict your processing time. This is why it is often best to hire an immigration attorney to provide an accurate timeline.
Find out more about H-1B visa requirements.
H-1B Premium Processing
The USCIS extends a special feature called premium processing for the H-1B visa. For $2,965, you can shorten your petition’s H-1B processing time to just 15 business days. However, this period only begins when USCIS confirms receipt of the premium processing request.
For many work visas that require an I-129, premium processing is a welcome advantage. However, the cap-subject H-1B process has very specific dates that cannot be altered. Whether you use premium processing or not, your employer can still file your petition only between April and June of that year, and you can start working only on or after October 1.
Thus, you will have to wait at least six months from filing to your employment start date, making premium processing less effective.
However, filing with premium processing offers benefits if you are:
- Filing a petition to transfer your status to a new employer
- Filing for an H-1B extension
- Filing for a cap-exempt H-1B
- Or responding to an RFE
Also, keep in mind that premium processing does not increase your H-1B petition’s chances of being approved or selected in the lottery.
Recommended read: H-1B Lottery Predictions
What Is The H-1B Cap-Exempt Processing Time?
As a cap-exempt petition, you do not need to wait until April 1st to file your petition or wait until October 1st to start working. A cap-exempt petition works like most other nonimmigrant visas in that your processing time is dictated by how long it takes for the petition to be processed.
The timeline is 9 to 9.5 months, but it is advised by VisaNation attorneys to invest in premium processing to expedite the decision. An early decision supports the logistics and planning for both the beneficiary and the sponsor.
Recommended read: H-1B vs TN Visa
What Are Common Reasons for H-1B Delays?
Sometimes, USCIS requires further evidence before they can proceed with a decision on your H-1B petition. Rather than deny the petition outright, you may instead receive a Request for Evidence (RFE). As soon as your employer receives an RFE, there will be a timeframe in which a response must be given to avoid having your petition denied.
There are a variety of factors that can trigger an RFE, such as:
- A job description that does not align with the specialty position
- A lack of evidence that the applicant is qualified for the job, either through a lack of experience or by having a degree that is not related to the position.
An RFE can delay your H-1B processing time. If you receive one, you may want to consider speaking to your immigration attorney about premium processing. It is important to note that premium processing does not prevent the USCIS from issuing an RFE.
Note that the above list is not comprehensive. The USCIS can issue an RFE for a large variety of reasons. See how the experienced attorneys at VisaNation Law Group addressed a difficult H-1B Request for Evidence.
Contact VisaNation attorneys for filing your H-1B registration and petition.
What Is The LCA Processing Time?
The LCA processing time (Form ETA 9035) usually takes about one week to process. However, if the Department of Labor finds any problems with your application, it may be rejected. Your employer will then be provided with a list of the issues that arose concerning your application. If your employer addresses these issues, the application can be resubmitted to the DOL.
Completing your LCA is generally best done before the H-1B season. This is because there is a very small window of opportunity to file the I-129 petition. It cannot be filed before April 1st, and the window closes after five business days if the cap is reached within that time.
Recommended read: H-1B to green card process.
Cap-Exempt to Cap-Subject Processing Time
If you initially petitioned under a cap-exempt position (meaning that you were not counted against the cap), then you can transfer to another cap-exempt position normally. However, if you would like to transfer to a cap-subject position, your petition will need to be entered into the cap.
This means that the transfer petition will need to be filed on April 1st, and you will not be able to work for the new cap-subject employer until October 1st, which would add a significant amount of time to your H-1B processing time.