Processing

Processing

Estimate of processing times for the application.

Office of International Affairs

Initial Processing - estimate 2 weeks.

  1. The Office of International Affairs will begin processing only upon receipt of all required information and documentation.
  2. Review of Documents: The Office of International Affairs will review supporting documents for accuracy and acceptability and will notify the department or employee if additional documentation is needed.
  3. Confirmation: The Office of International Affairs will send confirmation of receipt of the H-1B petition. This email will provide the name and email address of the Scholar Immigration Coordinator in the Office of International Affairs assigned to the case.

Department of Labor

Estimate: 3-5 months.

  1. Actual Wage: The Office of International Affairs will determine that U.S. Department of Labor (DOL) actual wage regulations are met based on information provided on the H-1B Actual Wage Worksheet.
  2. Prevailing Wage: The Office of International Affairs will request a prevailing wage for the position from the Department of Labor National Processing Center in Washington D.C. using the information from the approved position description provided by the department. The current DOL processing estimate is 3-5 months. 
    Once the prevailing wage determination is returned, the Office of International Affairs will ensure that DOL prevailing wage regulations are met. If the prevailing wage comes back lower than the actual wage offered to the employee, the Office of International Affairs will email the department the completed LCA. 
    If the prevailing wage determination comes back higher than the actual wage offered by the department, the Office of International Affairs will discuss options with the department. The case cannot proceed until this issue is resolved.
  3. Labor Condition Application (LCA) Posting: When the Office of International Affairs sends the completed LCA form via email attachment to the department, it is necessary to print out and post two photocopies of the LCA in the locations previously specified on the H-1B Department Form. IMMEDIATELY notify the Office of International Affairs by email of the starting and ending dates of the posting of the LCA (must be posted for a minimum of 10 whole business days).

United States Citizenship and Immigration Services

Estimate: 15 days for premium processing; 8-11 months for regular processing.

  1. Preparation of I-129: The Office of International Affairs will complete Form I-129 and send the entire H-1B petition to USCIS. The Office of International Affairs will then send a copy of the petition to the department for its records. It takes several months from the date of filing the petition before the Office of International Affairs receives an approval notice from USCIS. Please note, however, that USCIS processing times can vary drastically from case to case.
  2. Approval: Once the approval notice arrives, the Office of International Affairs will send a copy to the department and keep the original in its files, which can be borrowed as needed by the employee. If in the United States, the employee will receive a copy of the petition and the new I94 portion of the approval during an appointment with the Office of International Affairs Coordinator handling the case. However, if the employee is abroad at the time of approval, the Office of International Affairs will forward the original approval notice along with a complete copy of the H-1B petition to the employee. The employee must return the original approval notice after their arrival in Columbus.
van-buchem.1@osu.edu