ISO needs to receive all initial and extension request documents six months before the H-1B start date. This gives us time to prepare, file and receive an H-1B approval notice.
Step one: Working with the U.S. Department of Labor
Length of time: One month
Overview of actions taken:
ISO Scholar and Employee Services advisors will determine the prevailing wage rate for the position using the US Department of Labor’s Foreign Labor Certification Data Center Online Wage Library.
We’ll then compare the prevailing wage with the actual wage rate paid by the University to all individuals similarly employed with similar experience and qualifications. This comparison produces the required wage rate which must be the higher of the two.
Once we have the required wage rate, we’ll file a Labor Condition Application (LCA) with the United States Department of Labor (DOL) for certification. We must receive a certified LCA from the DOL before an H-1B non-immigrant petition can be filed with USCIS.
Step two: H-1B petition processing at USCIS
The petition processing timeline will vary based on the petition type.
Change of Status
Change of Status H-1B petitions must be filed with premium processing. This takes 15 calendar days to reply to a petition after receipt by USCIS.
Consulate Notification
Consulate Notification H-1B petitions must be filed with premium processing. This takes 15 calendar days to reply to a petition after receipt by USCIS.
Extension
Extension H-1B petitions may be filed with regular processing, but we strongly encourage premium processing with these petition types. With regular processing, this process takes five to six months.
Portability
Portability H-1B petitions may be filed with regular processing, but we strongly encourage premium processing with these petition types. With regular processing, this process takes five to six months.
Step three: H-1B receipts and approval notices
Length of time: Two weeks, at a minimum
Overview of actions taken: USCIS sends out receipts and approval notices via the US Postal Service which can take two (2) weeks to arrive at the ISO.
Step four: Acquisition of visa stamp
Length of time: Four to six months
Overview of actions taken: If the employee is outside the US or is considering travel, they’ll need to obtain an H-1B visa stamp in their passport. Please allow time for consulate processing.