H-1B Processing Time

What to Expect

The H-1B process is more complex than other immigration statuses, involving multiple steps and two federal agencies. Processing times can vary and are sometimes unpredictable, so planning ahead is essential. Below, we break down the three stages of H-1B processing and what to expect at each step.

The Three Stages of H-1B Processing

  • Texas State University/International Employment (IE) Office 
    The hiring department at Texas State must initiate the H-1B application on behalf of the employee. The department and employee work together to gather and submit all required documentation to the IE office.
  • U.S. Department of Labor (DOL) 
    Before the H-1B petition can be submitted to USCIS, the DOL must certify a Labor Condition Application (LCA). This step ensures compliance with wage and employment standards.
    • The DOL process cannot start more than six months before the requested H-1B start date.
  • United States Citizenship and Immigration Services (USCIS) 
    After the LCA is approved, Texas State files the H-1B petition with USCIS. This is the only step that can be expedited using premium processing.

Regardless of USCIS timelines, IE requires at least one month to process and submit an H-1B petition from the time the department and individual submits all required documentation.  

Processing Timeframes

Using Premium Processing

  • Total estimated time: 4 months (from the time IE receives petition request)
  • Premium processing requires an additional fee of $2,500. This guarantees a response from USCIS within 15 calendar days of receiving the petition.

Without Premium Processing

  • Total estimated time: 8–10 months
  • Standard processing times can vary significantly depending on USCIS caseloads and processing conditions.

Potential Delays

USCIS processing times are subject to change and can be longer under certain circumstances, such as:

  • Request for Evidence (RFE): If USCIS requires additional documentation to make a decision, processing may be delayed.
  • Peak Filing Seasons: Processing times may increase during periods of high application volume.

Plan Ahead for a Smooth Process

Given the complexity and potential for delays, departments and employees are encouraged to start the H-1B process as early as possible. If you have questions about processing times or premium processing, contact the International Employment office for guidance and support at inationalemploy@txstate.edu.

Disclaimer: 
This information is provided for general guidance and does not constitute legal advice. For specific concerns, consult an immigration attorney. 

Plan Ahead

Given the complexity and potential for delays, departments and employees are encouraged to start the H-1B process as early as possible. If you have questions contact the International Employment office at inationalemploy@txstate.edu.