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 H-1B 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 $2,965 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 H-1B 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 H-1B.
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 and forms completed, 2 weeks
Letters are drafted and sent to the department for review and signature. Then the forms are 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
The petition is sent to U.S. Citizenship and Immigration Services to be adjudicated (approved, denied, or a request for more evidence). With a premium processing fee of $2,965, we could hear back within 3 weeks. Without premium processing, it could take longer.