how long does it take to get a decision on an H1-B visa petition?

The H-1B visa is a popular nonimmigrant visa that allows U.S. companies to employ foreign workers in specialty occupations. Understanding the timeline for getting a decision on an H-1B visa petition is crucial for both employers and applicants. 

H-1B Visa Petition Process

The process for obtaining an H-1B visa involves several steps, including filing a petition with U.S. Citizenship and Immigration Services (USCIS) and awaiting a decision. Here’s a breakdown of the process and the typical timelines involved:

1. Preparation and Filing

• Labor Condition Application (LCA): The employer must first file an LCA with the Department of Labor (DOL). This process typically takes about 7 days.

• Form I-129: After the LCA is certified, the employer files Form I-129, Petition for a Nonimmigrant Worker, with USCIS.

2. Regular Processing Times

• USCIS Receipt Notice: Once USCIS receives the petition, they will issue a receipt notice, typically within 2-3 weeks.

• Initial Review: USCIS will then conduct an initial review of the petition. The processing time can vary based on the service center handling the petition.

• Decision: On average, the regular processing time for an H-1B visa petition is between 3 to 6 months. However, this can vary depending on factors such as the service center's workload and whether a Request for Evidence (RFE) is issued.

3. Premium Processing

• Expedited Processing: Employers can opt for premium processing by filing Form I-907 and paying an additional fee. This service guarantees a decision within 15 calendar days.

• RFE and Premium Processing: If USCIS issues an RFE, the 15-day clock pauses and resumes once the response to the RFE is received.

Factors Influencing Processing Times

Several factors can influence the processing time for an H-1B visa petition:

1. Service Center: Different USCIS service centers may have varying processing times.

2. RFE: If USCIS issues an RFE, this can delay the processing time by several weeks or months.

3. Cap-Subject Petitions: Petitions subject to the H-1B cap may experience additional delays due to the high volume of applications.

Checking the Status of Your H-1B Petition

• USCIS Online Status Check: Use the USCIS Case Status Online tool to check the status of your petition using the receipt number.

• Processing Times: Visit the USCIS Processing Times page to see the current processing times for H-1B petitions at different service centers.

• Contact USCIS: If your case is taking longer than the typical processing time, you can contact USCIS for an update.

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Conclusion

The time it takes to get a decision on an H-1B visa petition can vary based on several factors, including whether you choose regular or premium processing and the workload at the USCIS service center handling your petition. Understanding these factors and monitoring your case status can help you stay informed and prepared throughout the process.

If you have any questions or need legal assistance with your H-1B visa petition, please contact Liang Law at (408) 780-8862. We are here to help you through every step of the process.