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H-1B Steps and Times Required for Processing

ISO  Processing Time

ISO Scholar Services staff make every effort to process and mail the documentation for an H-1B petition within 30-45 days of receipt of all materials. Included in this overall timeline are the following steps, plus time for in-house operations, processing, and database management.

  • Determination of Prevailing Wage: 1-5 days

This is determined using the Foreign Labor Certification Data Center Online Wage Library.

 

  • Labor Condition Application from U.S. Department of Labor: 7-10 days

Before an H-1B non-immigrant petition can be filed with United States Immigration and Citizenship Services (USCIS); a certified Labor Condition Application (LCA) must be received from the United States Department of Labor. The certified LCA must be submitted to USCIS along with the H-1B petition, supporting documentation and the correct fees. The ISO Scholar Services staff will work with the hiring department in completing the process required for an LCA.

 

H-1B Petition Processing at the USCIS: Currently 10 Months

  • USCIS processing time continually changes, currently we strongly recommend premimum processing all H-1B petitions. 
  • Premium processing takes approximately 15 days;and costs an additional $1,225 which must be paid by the University of Rochester hiring department.

 

Acquisition of visa stamp from U.S. Consulate by foreign national (for people who are outside the U.S.): 1-8 weeks

After the Scholar Services staff receives the H-1B approval notice, prospective foreign employees outside of the U.S. will need to present the original approval notice to the American Embassy or Consulate nearest his or her home and apply for an H-1B visa stamp which will be placed in his or her passport. The H-1B visa stamp will allow the prospective foreign employee entry into the United States. Please note interviews are now required for all visa applicants and this is causing delays.  In addition, you may be subject to administrative processing or another type of security check.  Security checks can cause delays of 90 days or more. 

After the foreign national has received the H-1B visa stamp, the foreign national may travel to the U.S., bearing in mind that on H-1B status, temporary workers may enter only up to 10 days in advance of the H-1B start date, and may not work until the H-1B start date.