Processing Times for H-1B Petitions

(Also Applicable to TN, H-1B1, and E-3 Cases) 

Overview

While we have occasionally seen somewhat more favorable processing times from USCIS, we are finding that adjudication of new petitions, including those for a change of status, are often taking 4-5 months on the part of USCIS, unless Premium Processing is requested. Of course, you are already aware of the internal processing time of 45 calendar days at OIA. What does that mean? Here are some examples: 

[Please note: The information below does NOT apply if we have incomplete information from the department or encounter difficulties in obtaining the beneficiary's documents in a timely manner. Any such delay that may jeopardize the time line of a petition will be communicated to the beneficiary and the department.] 

The following time-lines apply with STANDARD PROCESSING: 

Someone is coming from abroad to begin employment under H-1B:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 4-5 months to adjudicate. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). 

That means: You should send us your request 7 1/2 months ahead of time. If you send it later, the start date you hoped for may not be met. 

Someone is already here in another status, for example J-1:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 4-5 months to adjudicate. 

That means: You should send us your request 6 1/2 months before the current status expires. 

Someone is in the U.S. in H-1B status with another employer:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS will provide the Receipt Notice in approximately 3 weeks; once we have it the employee can start working at the University. 

That means: You should send us your request 9 weeks before the intended start date. 

Someone is in H-1B status with the University and requires an extension:

OIA needs 6 weeks from receipt of your request to submission of the petition. USCIS will provide the Receipt Notice in approximately 3 weeks; until we have it in hand the extension is not "safe". That means: You should send us your request 9 weeks before the intended start date. 

The following time-lines apply with PREMIUM PROCESSING:

Someone is coming from abroad to begin employment under H-1B:

OIA needs 6 weeks from receipt of your request to submission of the petition

USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. Employee has to obtain visa and travel to U.S., that takes approximately one month (longer if a background check is initiated). That means: You should send us your request 2 1/2 - 3 months ahead of time. If you send it later, the start date you hoped for may not be met. 

Someone is already here in another status, for example J-1:

OIA needs 6 weeks from receipt of your request to submission of the petition USCIS takes 15 days to adjudicate plus mailing time for Approval Notice; a total of approximately 5 weeks. 

That means: You should send us your request 2 1/2 - 3 months before the current status expires. 

Someone is in the U.S. in H-1B status with another employer:

The same timeline of 2 1/2 - 3 months applies. However, unless there are unusual circumstances such as urgent travel on the part of the beneficiary, Premium Processing should not be needed. As long as we have a Receipt Notice in hand, we can employ the individual for 240 days without an approval. 

Someone is in H-1B status with the University and requires an extension:

The same timeline of 2 1/2 - 3 months applies. However, unless there are unusual circumstances such as urgent travel on the part of the beneficiary, Premium Processing should not be needed (see May 2015 note below). As long as we have a Receipt Notice in hand, we can employ the individual for 240 days without an approval. 

May 20, 2015:  Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for a Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of the stay for an H-1B nonimmigrant.  USCIS will continue to premium process H-1B Extension of Stay petitions filed with Form I-907 premium requests prior to May 26, 2015.

USCIS will refund the premium processing fee if:

  • A petitioner filed H-1B petitions prior to May 26, 2015, using the premium processing service, and 
  • USCIS did not act on the case within the 15-calendar-day period.

Premium processing remains available for all other Form I-129 H-1B petitions, including petitions subject to the H-1B cap that are requesting a change of nonimmigrant status or consular notification.

This temporary suspension will allow USCIS to implement the Employment Authorization for Certain H-4 Spouses final rule in a timely manner and adjudicate applications for employment authorization filed by H-4 nonimmigrants under the new regulations.

Unsure when best to submit a case? Please don’t hesitate to contact us at (773) 702-7752 or international-affairs@uchicago.edu