Navigating the path to securing an H-1B visa can seem daunting, but with the right information, it’s a journey you can confidently undertake. Whether you’re applying from outside the United States, transferring your H-1B visa, extending it, changing your status to H-1B, or needing an amendment to your H-1B petition, knowing the fees, processing times, and travel conditions involved can make the process smoother. Let’s dive into each scenario to provide you with a clearer road map.
Detailed Processing Times and Fees Chart Explained
| Case Type | Fees | Premium Processing | Regular Processing | Travel |
|---|---|---|---|---|
| Consular Processing | – $460 Filing Fee (employer) – $500 Anti-Fraud Fee (employer) | – $2,500 Premium Processing Fee (optional) – 1-2 months for USCIS approval – Action within 15 calendar days | – 4-6 months for USCIS approval – File petition 6 months in advance | – Can travel to U.S. upon visa issuance – Cannot enter U.S. more than 10 days before start date |
| H-1B Portability | – $460 Filing Fee (employer) – $500 Anti-Fraud Fee (employer) | – $2,500 Premium Processing Fee (optional) – 1-2 months for USCIS approval – Action within 15 calendar days | – 6-12 months for USCIS approval | – Must maintain employment with current employer until new employer receives I-797 Receipt Notice – Can travel outside U.S. if H-1B status from previous employment has not expired – Must have valid H-1B stamp |
| H-1B Extension | – $460 Filing Fee (employer) | – 1-2 months for USCIS approval – Action within 15 calendar days | – 6-12 months for USCIS approval – File petition 6 months before current H-1B end date | – Cannot travel outside U.S. past expiration of previous petition until extension approved – Must have valid H-1B stamp |
| Change of Status to H-1B | – $460 Filing Fee (employer) – $500 Anti-Fraud Fee (employer) | – $2,500 Premium Processing Fee (optional) – 1-2 months for USCIS approval – Action within 15 calendar days | – 6-12 months for USCIS approval – File petition 6 months in advance | – Cannot travel outside of the U.S. while petition is pending with USCIS |
| Amended H-1B Petition | – $460 Filing Fee (employer) | – $2,500 Premium Processing Fee (optional) – 1-2 months for USCIS approval | – 6-12 months for USCIS approval | – Can travel outside of the U.S. while H-1B petition is pending, provided H-1B status is still valid – Must have valid H-1B stamp |
This table provides details on different H-1B visa scenarios including fees, premium and regular processing timelines, and travel conditions.
For Those Applying from Outside the U.S. (Consular Processing)
If you’re outside the U.S. and aiming to work at an institution that you like to pick, there are specific fees your employer must cover: a $460 filing fee and a $500 anti-fraud fee. You also have the option of speeding up the process through a $2,500 premium processing fee, which promises action on your case within 15 calendar days. Normally, it takes 1-2 months to receive U.S. Citizenship and Immigration Services (USCIS) approval when opting for premium processing, and 4-6 months under regular processing. It’s important to initiate your request well in advance, ideally 3-6 months before your intended start date. Once your visa stamp is obtained, which might take a few weeks, you’re clear to travel to the U.S. and kickstart your career journey.
Transferring an H-1B Visa (H-1B Portability)
Already in the U.S. and moving to a new employer? Your new employer will be responsible for the same $460 filing fee and $500 anti-fraud fee. The premium processing option can significantly reduce wait times for approval to 1-2 months. For those using the regular processing route, be prepared for a 6-12 month approval period. It’s essential to remain with your current employer until you receive an official receipt notice from new employer, to maintain lawful status.
Extending Your H-1B Visa
If you’re seeking an extension of your current H-1B visa , the filing fee is $460. Using premium processing can have your extension approved within 1-2 months, whereas regular processing might extend from 6-12 months. To ensure a seamless extension, requests should be initiated at least 3-4 months before your current visa expires. Travel outside the U.S. isn’t recommended until your extension is secured, to avoid complications.
Changing Your Status to H-1B
For those in the U.S. on a different visa and looking to change their status to H-1B, the fees and processing times are similar to consular processing. The major difference lies in the inability to travel outside the U.S. while your petition is pending. Processing can take anywhere from 1-6 months depending on whether you choose premium processing or not. It’s crucial to plan and start the process with ample time on your hands to avoid status issues.
Need to Amend Your H-1B Petition?
Sometimes changes in your employment terms might necessitate an amended H-1B petition. This could range from a significant change in job duties to a change in work location. The filing fee for an amendment is $460, with the premium processing option available to shorten wait times. Remember, it’s possible to continue working under the new terms as soon as the amendment has been filed, but maintaining valid H-1B status is crucial, especially if you plan to travel.
Navigating the H-1B visa process, while intricate, is manageable with proper planning and understanding. Whether it’s adjusting your status, transferring employers, or simply applying from scratch, knowing the fees, timelines, and conditions involved can make a world of difference. Remember to start your application process early and stay informed every step of the way to ensure a smooth transition and a promising start to your new role in the U.S.
