It could take two to 10 weeks to file the request with USCIS. Ultimately, it depends on how long it takes the company and its prospective employee to gather the necessary information to complete the petition and how long it takes the government to complete its actions.
The major steps to obtain the H-1B after a company has offered a job are:
• Obtaining the prevailing wage for the position offered to the prospective employee. The US Department of Labor (“DOL”) does not always have to be used to obtain the wage, but sometimes there is an advantage to do so. If DOL is used to determine the prevailing wage, it is not uncommon for the determination to take a couple of months. There are advantages and disadvantages to using DOL to make the determination so the choice should be made on a case-by-case basis.
• Filing a Labor Condition Application and having it certified by DOL. This generally takes at least a week.
• Completing the required petition with the correct supporting documentation. This could take a few days or several weeksmore.
• Submitting the completed H-1B request to USCIS.
If you have any questions regarding immigration, please feel free to call me, immigration attorney Shawn Mesa at (813) 679-5780.
Disclaimer: This information is provided as a public service and not intended to establish an attorney-client relationship. Any reliance on this information is taken at your own risk.