Understanding H-1b Processing Times In 2024: A Guide To Approval And Delays

The H-1B visa is attractive to many people for two main reasons: its dual intent nature and its relatively fast processing times compared to other visas. However, it's important to be aware that processing times can vary. In 2024, you could be waiting anywhere from 4 to 8 months between filing and your start date.

There are exceptions to this, though, such as when you are not subject to the H-1B cap. If you're unsure about whether you qualify for a cap-exempt petition, consulting with a visa attorney in New York can help avoid any confusion. These cases are handled differently from regular H-1B processing, and an attorney can advise you on the specifics.

Factors impacting processing times

Overall, the wait time for your visa application depends on the workload of the immigration system and the specific service center handling your case. Some centers face heavier workloads, which can lead to longer review times, and these referenced wait times may change. As of February 2024, here are some expected H-1B wait times:

• Texas Service Center: 80% of cases are processed within 3 months
• California Service Center: 80% of cases are processed within 1.5 months
• Vermont Service Center: 80% of cases are processed within 2 months

Processing times can also vary due to several external factors, including:

• The cap window
• LCA processing time
• Requests for Evidence

To accurately predict your H-1B visa's processing time and reduce any uncertainty, it’s advisable to hire a visa attorney in New York. An attorney will ensure that the correct information and documents are submitted to USCIS, minimizing the risk of delays or denials.

Why do delays occur?

A problem may occur while the USCIS is processing your H-1B visa. Instead of immediately denying your petition, they may send a Request for Evidence to your employer. This usually happens when:

• The job description is insufficient and doesn’t portray the job as a specialty that requires a bachelor’s degree.
• Your sponsoring employer lacks proof of their full control over your wages, employment status, and daily tasks.
• You lack evidence stating you’re qualified for the job because of an unrelated degree to the position or lack of experience.

In a hurry?

The USCIS offers premium processing for I-140 or I-129 petition forms. It can reduce the H-1B processing time to just 15 business days for a fee of $2,805. However, this 15-day period only begins when USCIS starts processing petitions with premium processing, so it's important to check their website for the exact start date.

Premium processing can be beneficial if your work visa application includes an I-129. However, keep in mind that this option doesn't affect the fixed and specific dates of H-1B processing, which are subject to caps. These fixed dates determine when your employer can submit your petition (typically April 1st) and your earliest possible start date (often October 1st).

Learn more about H-1B processing times by working with a visa attorney in New York. Find one at Berd & Klauss, LLC, a full-service boutique immigration firm in NYC.

About the Author:

This content is written by Patrick Klauss, Esq, an immigration lawyer and a partner at Berd&Klauss, PLLC. The firm specializes in immigration and immigration-related issues and handles everything from immigrant visas to deportation and waivers.