Overview of the Process for Filing H-1B Petition

Stage 1

Complete as Soon as Possible

Step 1

The hiring unit liaison submits an electronic H-1B request (e-form) through the iStart system with job description, job requirements, and comparative salary information; This also requires employee to complete and submit "H-1B Applicant Information"; (e-form). The processing time begins when OIA receives the final compliance e-form from the department chair or division chief.

Stage 2

Processing Time: 6-8 weeks

Step 2.A

Hiring department liaison prepares supporting documentation (can be uploaded online with e-forms) and submits asap to International Affairs.

Step 2.B

At the same time, International Affairs:

  1. obtains prevailing wage determination, (generally one month processing time at the Department of Labor),
  2. reviews and assembles salary compliance documentation,
  3. submits Labor Condition Application (LCA) request to the Department of Labor, which requires a minimum of seven (7) business days for processing, and
  4. assembles supporting documentation provided by hiring unit liaison.

Complications with the prevailing wage or LCA request may extend the processing time during this stage.

Stage 3

Processing Time: 3-4 months

Step 3

OIA submits the H-1B petition with supporting materials to the USCIS for review.

  • Persons in the U.S. requesting change of status to H-1B status (for example, from J-1 or F-1) are eligible for H1B employment only after USCIS approval of the petition.
  • New employees eligible for H-1B portability may commence employment upon receipt of USCIS Receipt Notice.
  • Current employees extending H-1B status at IUPUI may continue employment beyond the current H-1B expiration date for 240 days. The petition must have been received by USCIS by the expiration date of the current H-1B approval.

Stage 4

Processing Time: 1-3 months

Step 4 (Required only when employee is outside the U.S. or ineligible for change/extension of stay.)

Prospective employee obtains H1B from U.S. Consulate overseas and travels to the U.S. to begin employment.

  • The time required for visa issuance is 2-4 weeks in most countries. However, in many cases, a security clearance will be required because the applicant is a male from a predominantly Muslim country, and/or because of concerns about the possible transfer of sensitive technologies.
  • The majority of security clearances are processed within 1-2 months.
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