H-1B petitions are more complicated than many other immigration statuses. They involve several different government agencies, including the Department of Labor (DOL) and US Citizenship and Immigration Services (USCIS). All H-1B petitions for Boise State University are filed through the Center for Global Engagement (CGE). Use this page to learn more about the typical timeframe and application process for an H1B application.
The application process is in three main stages:
- Collection of paperwork, filing fees and supporting documentation (department, employee, CGE collaboration)
- Department of Labor prevailing wage determination
- USCIS H-1B petition review and decision
If the employee is outside the US then the final step is for the employee to apply for their H-1B visa at a US Embassy or Consulate.
Normal USCIS processing takes 5-7 months. We recommend starting the process at least 8 months in advance of the start date. However, due to regulatory requirements, the petition cannot be submitted for adjudication more than 6 months in advance of the start date. Even with starting the process early, premium processing may be required to have the best chance of approval before the H-1B start date. Only the last stage, USCIS petition review, can be expedited with premium processing. Premium processing costs $2,805 and can speed the USCIS review process to 3 weeks. Generally, the CGE requires 30-60 days to prepare the H-1B petition filing and mail it to USCIS. More complicated petitions may take longer to prepare.
Typical Timeframe for an H1B Application
Review position Eligibility, 1-2 weeks
Center for Global Engagement (CGE) reviews the job description, minimum requirements, wage offered. Ideally this occurs before the application process if international applicants are anticipated.
Review Employee’s Eligibility, 1 week
After verbal offer, CGE reviews prospective employee’s CV and immigration history to determine eligibility for H1B.
Information Packets Completed, 1-2 weeks
The department compiles information on wage data, position information, job description, and export compliance attestations. The employee submits a packet with personal information, educational credentials, immigration history.
CGE Compiles Petition, 4 weeks-3 months
Letters, checks, forms completed, 2 weeks
Letters are drafted and sent to department for review and signature. Checks are requested. Forms completed.
Labor Condition Application, 2 weeks
Labor Condition Application is submitted to the Department of Labor. This includes posting notices in specific locations for a minimum number of days.
Prevailing Wage Determination, 2-3 months
If needed in complex cases, a Prevailing Wage Determination is issued by the Department of Labor.
Submit petition to USCIS, 3 weeks-11 months
Petition is sent to U.S. Citizenship and Immigration Services to adjudicate (approve, deny, or ask for more evidence). With premium processing fee: $2,500
If H1B is approved, an employee outside the U.S. will need to apply for a visa stamp at U.S. Consulate/Embassy. 2 week minimum