H-1B Initial Application
Application Process & Timeline for Initial H-1B petitions
- Hiring department contacts Jackie Bangs to verify that an H-1B is the appropriate visa category for applicant
- Hiring department and prospective employee complete the H-1B application and send it to ISFS
- ISFS conducts wage surveys
- ISFS contacts department with instructions for posting the Labor Condition Application and sends partial draft of department letter to USCIS
- Hiring department completes letter to USCIS and returns it to ISFS
- ISFS prepares I-129 petition for H-1B status and submits it to USCIS
- USCIS sends receipt notice (I-797) to ISFS
- USCIS sends approval notice (I-797) to ISFS; department completes I-9; employee schedules H-1B check-in with Jackie Bangs
Once ISFS receives the H-1B application, the processing time to receive work authorization in H-1B status can take up to 4-6 months. Alternative option: departments wishing to expedite this process may choose to use Premium Processing by paying $1,225 to USCIS, which shortens the entire processing time to approximately 2 months.
Travel while H-1B Change of Status Application is Pending
H-1B applicants currently in the US may not travel abroad and return to the US while the H-1B change of status application is pending, or the H-1B change of status application will be voided by USCIS and the application process must start over. Prospective H-1B employees currently in the US may leave the US and remain outside of the US until their H-1B application has been approved without affecting their H-1B application. When the H-1B application has been approved the potential employee will use the H-1B approval to apply for an H-1B visa to enter the US. Please keep the International Faculty and Scholar Advisors informed of travel plans for H-1B employees and prospective employees.