Because the employment-based visa sponsorship process is more complex than many other immigration processes and may involve multiple federal agencies, processing times can be lengthy and, in some cases, unpredictable. In particular, the H-1B and E-3 sponsorship processes primarily involve two federal agencies: the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS).
The total processing timeline generally involves three stages for H-1B classifications and certain E-3 cases that require DOL processing and two stages for other employment-based classifications (which do not involve DOL processing). Regardless of classification, the process generally requires six (6) months or more. The hiring unit should submit the sponsorship request at least six (6) months, preferably seven (7) months, before the requested petition start date.
- Yale/OISS: The hiring unit at Yale must initiate the H-1B application process on behalf of the sponsored employee and, in coordination with the employee, provide the required documentation to OISS. Expedited processing is not available during this stage.
- U.S. Department of Labor (DOL): The Labor Condition Application (LCA) must be submitted to and certified by the DOL before the H-1B petition can be filed with USCIS. The LCA process cannot begin more than six (6) months before the requested sponsorship petition start date. Expedited processing is not available during this stage.
- United States Citizenship and Immigration Services (USCIS): Filing the H-1B petition with USCIS is the only stage where expedited processing (premium processing) may be available.
Note: Employees seeking treaty-based visas (E-3 and TN) are generally advised to obtain the status directly through a U.S. consular post abroad (except Canadian citizens) or, where applicable, at a port of entry. This approach does not require the USCIS petition filing stage described above.
Processing Time Using Premium Processing
As USCIS processing times are lengthy and do not accommodate timely adjudication, premium processing services (for an additional fee of $2,965) are generally required. Premium processing applies only to the USCIS adjudication stage and provides a USCIS response within 15 business days after receipt of the petition.
The USCIS response may be an approval, a request for evidence (RFE), or another type of action. If the petition is not approved at that stage, the overall processing time will be extended. Regardless of the response type, USCIS notices are sent by regular mail and may require an additional approximately 7–10 business days for OISS to receive.
Processing Time Without Premium Processing
USCIS standard processing times may take approximately 8–12 months.
Potential Delays
USCIS processing times, which can change without notice, may also be extended if:
- the petition receives a Request for Evidence (RFE) or other USCIS notice requiring additional information;
- the petition is submitted during peak processing period
- there are changes in applicable immigration rules, policies, or procedures during the processing period.
Additional Considerations
- OISS recommends submitting all materials to OISS at least seven months in advance to be officially part of the OISS processing queue. OISS advisers prioritize all employment-based visa sponsorship requests in order of the employees’ current status end dates and the date OISS receives the request for the sponsorship petition.
- Yale employee current employment-based visa status extensions: While certain cases may allow an extension sponsored employee to continue to work while the application is pending, premium procecssing is adviseable as the adjudication may not be completed timely and the employee may have a lapse in employment eligiblity after a while. When not using a premium processing, the hiring unit must receive a pre-approval from OISS adviser.
- H-1B inside the U.S. with another employer: It is not always necessary to use Premium Processing for a change of employer, since in many cases the employee can continue to work while the new Yale application is pending. However, there are specific conditions that must be met. The process is called Portability (Changing Employers).
