The H1B Visa is a US work visa for skilled foreign workers who hold at least a Bachelor’s Degree and possess highly specialized knowledge.
Up to 65,000 H1B Visas per year are available to skilled foreign workers from outside the USA and up to 20,000 additional H1B Visas can also be granted to international students who graduate with a Master’s Degree or higher credential from a university or college in the United States.
This article will focus on the H1B Visa processing time, including factors that can influence it, so continue reading to learn the essential information!
Table of Contents
How Long Does H1B Visa Processing Take?
The H1B Visa process begins with the sponsoring employer in the United States registering the foreign worker with US Citizenship and Immigration Services (USCIS) for the H1B Lottery in early March.
The results of the H1B Lottery are made available around March 31st.
If the foreign worker is randomly selected in the H1B Lottery, then the sponsoring employer in the United States may proceed to file the Labor Condition Application (LCA) with the US Department of Labor.
It takes approximately 7-10 business days to receive approval for the Labor Condition Application (LCA) after it has been filed.
After the Labor Certification has been approved by the US Department of Labor, then the sponsoring employer in the United States can file the Form I-129 Petition for a Nonimmigrant Worker with US Citizenship and Immigration Services (USCIS).
The H1B Visa processing time for the Form I-129 Petition for a Nonimmigrant Worker generally takes about 3-6 months from the time it is filed online with USCIS.
Around two weeks after the Form I-129 Petition for a Nonimmigrant Worker has been filed with USCIS, the I-797 Receipt Notice will usually be sent and information on this receipt (such as the name of the service center that has the petition) can be used to check the processing time estimate.
It should be noted that USCIS offers premium H1B Visa processing of the Form I-129 Petition for a Nonimmigrant Worker within 15 days for an additional fee of about $2,805 (2024) and many US employers are willing to pay this extra expense to speed up the H1B Visa process time.
Once USCIS approves the Form I-129 Petition for a Nonimmigrant Worker, the skilled foreign worker will generally file the H1B Visa Application (Form DS-160 Online Nonimmigrant Visa Application) with the US State Department at the American Embassy or Consulate and a consular interview will be scheduled.
The skilled foreign worker will attend the scheduled consular interview at the American Embassy or Consulate in his or her country of residence, he or she will bring the required supporting documents, pay the governmental fee(s) and answer some questions.
If approved, the H1B Visa will be placed on a page of the skilled foreign worker’s passport and he or she will be allowed to move to the USA to live and work.
The H1B Work Visa is initially issued for up to three years and can be renewed for up to an additional three years (six years total).
Please note that the spouse (opposite sex or same sex) and dependent children (unmarried and under 21 years of age) of the H1B Visa holder can apply for the H4 Visa for family members.
Factors Influencing H-1B Visa Processing Time
- USCIS processing times and timelines:
- The USCIS H1B Visa processing time for the Form I-129 petition is about 3-6 months.
- H1B premium processing time is within 15 days (in 2024, the cost for this service is about $2,805)
- Common reasons for delays in processing:
- Forms were not fully completed (i.e., missing information)
- Forms were not completed accurately
- All of the required documents were not provided
- Request for Evidence (RFE) was made by USCIS
- The Form I-129 petition was filed during the busiest time period
- Some USCIS service centers are busier than others
- Premium Processing option and its implications:
- H1B premium processing time is only 15 days (or less).
- This can potentially reduce the H1B processing time by months.
- The H1B premium processing fee is $2,805 (2024).
- It is generally at the discretion of the US employer whether to pay the H1B premium processing fee.
Duration of H-1B Visa Validity
- Initial duration of H-1B Visa grants – The H1B Visa is initially valid for up to three years.
- Extension and renewal options – The H1B Visa can be renewed for up to an additional three years.
- Limits on H-1B Visa duration and potential pathways to permanent residency:
- The H1B Visa can be valid for a maximum of six years total (up to 3 years initially + renewal of up to 3 years)
- The H1B Visa has an option to apply for a US Permanent Resident Green Card during the sixth year of validity.
- Potential pathways to US permanent residency include:
- Employment-Based Green Cards (such as the EB-1, EB-2 and EB-3)
- Green Card through Family Sponsorship by a US citizen or permanent resident
H-1B Extension Processing Time
It is generally recommended to file the application for H1B Visa renewal at least six months before the status expires (it can take about 6-8 months to process the H1B renewal request).
H1B premium processing is also available when renewing an H1B Visa (for an additional fee).
The US State Department has a pilot program to process H1B Visa renewals domestically for qualified applicants which only takes 6-8 weeks.
In the event that an H1B Visa holder has a spouse and/or dependent children who live in the USA with an H4 Visa for family members, the H1B Visa holder will also need to apply to renew their H4 status around 6-8 months before it expires.
Please note that if USCIS approves the renewal of your H1B status and you want to travel from the United States and then return to the US, you will also need to renew your visa with the American Embassy or Consulate so you can legally re-enter the USA.
Tips for Expedited Processing and Planning
- Make sure you provide all of the requested information on your forms.
- Provide all of the required supporting documents when requested.
- H1B Premium Processing can save months versus regular processing.
Conclusion
The H1B is one of the most popular US work visas, since it can permit a skilled foreign worker with highly specialized knowledge to live and work in the USA for up to a total of six years (up to three years initially plus up to an additional three years if renewed), and it has a pathway to apply for a US Permanent Resident Green Card.
The H1B processing time is around 6-8 months, however, the H1B timeline can be shortened substantially by paying for premium processing.
It should be noted that there are many temporary nonimmigrant US work visas besides the H1B (such as the E-1, E-2, L-1, O-1, etc.), as well as employment-based (EB) Green Cards (such as the EB-1, EB-2 and EB-3).
Each nonimmigrant and immigrant US visa program has its own eligibility requirements and application procedure.
You might be wondering: How can I know which US visa program to apply for?
USAFIS can provide you with a US Visa Assessment that will let you know which US visa program is the best match for your personal profile.
You can also receive guidance in preparing the required documents prior to submission and other services to help your US relocation process go as smoothly as possible.
The first step is to learn which US visa is right for you.
Frequently Asked Questions (FAQs)
How long does it take to get an H-1B Visa?
In general, the H-1B timeline is approximately 6-8 months, but this can be shortened by months by paying for premium processing.
How long is an H-1B Visa valid?
The H-1B Visa is valid for up to three years initially and can be renewed for up to an additional three years. There is also an option to apply for a US Permanent Resident Green Card through adjustment of status during the sixth year that the H1B is valid. This would usually require the skilled foreign worker to be sponsored by a US employer for an employment-based (EB) Green Card (such as the EB-1, EB-2 or EB-3) or to be sponsored by a US citizen or permanent resident for a Green Card through family sponsorship.
How long can the H-1B Visa be extended for?
An H1B Visa can be extended for up to three years for a total of six years maximum validity (i.e., initially valid for up to three years and renewed for up to an additional three years). The H1B Visa has ‘dual intent’ which means it is a temporary non-immigrant US work visa with a pathway to apply for a Permanent Resident Green Card during the sixth year of validity. For example, a US employer could sponsor the H1B Visa holder for an employment-based (EB) Green Card (such as the EB-1, EB-2 or EB-3) or a US citizen or permanent resident could sponsor him or her for a family sponsorship Green Card.
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