H1B Visa processing time

US Immigration Services also put an annual cap on the H-1B visa. The total number of applications allowed each year is 85,000. However, at least 20,000 of these must be reserved for applicants who have an advanced degree – this is referred to as the Master’s Degree cap.

There are some exemptions to the H1B visa cap but even if granted, the H1B application will still be approved in the same time frame as those aimed for under the cap.

Exemptions to the H1B visa cap may only apply to the following:

• higher education institutions
• non-profit organisations that are linked with a higher education institution
• non-profit research organisations
• government organisations

The strong demand for the nonimmigrant status visa means it can be difficult to be given the visa requested and this does have an impact on the overall processing time for applications.

In addition, it is possible for H1B visa holders to become eligible for a green card that would allow them permanent resident status in the United States.

As the H1B process can be more complicated that other visas it does have a lengthy processing time and it can be hard to give an accurate timescale for how long you may have to wait to hear from the Citizenship and Immigration services.

The time taken will vary from country to country as the local US embassy will be responsible for the initial processing. If you are unclear about how long it make take you can contact your nearest US Embassy for more advice on current processing times.

As a rough guide, the average H1B application can take between three to 12 months from the initial filing of the application. However, there is the option to upgrade this time if you are willing to pay extra costs.

You can help ensure that your application is not delayed unnecessarily by submitting all the correct documentation in advice and responding quickly if Immigration Services get in touch requesting more information about your submitted form.

You may also want to get the advice of an professional immigration attorney to ensure you are applying in the most suitable way.

In order to apply for an H-1B2 (DOD Researcher and Development Project Worker Visa), visa applicants must qualify to work in research and development projects of the United States Department of Defense or other government positions. In order to prove that they qualify, they must meet the following requirements:

• Be accepted into a job that requires a Bachelor’s or higher degree (or its equivalent foreign degree)
• Submit a verification letter from the Department of Defense project manager for the particular project stating that the applicant will be working on a cooperative research and development project or coproduction project under a reciprocal government to government agreement
• Submit a general description of the applicant’s duties on the particular project with a start date of employment
• Submit a statement that lists the names of non-citizens currently employed on the U.S. project along with their start dates. Foreign workers whose employment ended in the past year on the U.S. project must also be included
  Possess a Bachelor’s or higher degree (or equivalent) in the specific specialty or have an unrestricted state license, registration, or certification that allows you to fully practice the specialty occupation
• Have recognized work experience in their specialty through progressively responsible positions

It should be noted that a Labor Condition Application (LCA) will not be needed for this category of the visa.

All fees associated with the filing of a H-1B petition must be paid by the employer and not the employee. The only charge that employers will need to pay is the cost of the application fee if they opt for consular processing at their local US embassy. There are additional optional fees such as premium processing and any immigration attorney advice – which can be paid for by either the employer or employee.

U.S. immigration law mandates that employers must all the fees associated with filing for an H-1B petition. Employees are not responsible for these costs. Employees will only need to pay for the application fee if they undergo consular processing at a U.S. embassy in their home country. Other costs such as premium processing fees and immigration attorney fees can be paid for by either the employer or employee. The following is a list of H1B visa application fees.

How long is a H1B visa valid?

As long as your employment in the US is still ongoing and meets the requirements, then you are allowed to remain in the country for up to three years initially. You can then apply for an extension to stay for a further three years – meaning six years in total.

If you wish to extend your H1B visa then you will need to consider this up to six months before your current visa expires and request that your employer petitions for an extension.

To extend your H1B status you application must include the following:

• valid passport with original H1B visa
• the original approved I-797
• an I-94 Arrival/Departure form showing a departure date that has not yet been reached
• the employee’s CV
• evidence of employment such as payslips or a letter from the employer
• evidence of the employee’s degree qualification
• references from previous employers

Due to the time it takes to process H1B extensions you should consider making the request as soon as you are able to as current processing times are around four months.