H-1B Application Overview
If the scholar is eligible for the H-1B Visa or for an extension of the H-1B Visa, once all forms are complete the ISSO then works with the scholar and department to complete the H-1B application process. The H-1B application process is very complex. The H-1B application process can take as long as 6 months to prepare, file, and have the application approved by the U.S. Citizenship and Immigration Service (USCIS). If the H-1B is being extended for the scholar, the following procedures must be repeated. See below for an outline:
Step 1: Prepare Required Forms and Documents
See below for a listing of all documents needed from both hiring department and employee for assembling an H-1B visa application.
Step 2: Prevailing Wage Determination
The H-1B application cannot be completely assembled until all documents are submitted to the ISSO; but we can begin Step 2 with a copy of the official job description (required from the hiring department). See sample template. See above for all required documents.
Processing time is approximately 45-60 days.
Step 3: Labor Condition Application (LCA)
Processing time is approximately 7-30 days.
Step 4: Filing I-129 Application with USCIS
Processing time is approximately 3 months.
If the H-1B status must be approved in 3 months or less, or urgent travel is required for the H-1B visa holder, and the Department pays an additional $1225 in what is called the Premium Processing Fee, this part of the process can then take only 30 days.
Note that all application processing with USCIS are subject to security clearance procedures that can further delay processing.