IUPUI

Overview of Process for Filing H-1B Petition

Stage 1: Complete as soon as possible:

Step 1. The hiring unit liaison completes the “Request to Process H-1B Petition” and submits it [with Employee Information section completed by the employee] to International Affairs. The processing time begins when OIA receives the fully completed and signed request.

Stage 2 Processing Time: 6-8 weeks

Step 2.A Hiring department liaison prepares supporting documentation and submits asap to International Affairs.

Step 2.B At the same time, International Affairs (1) obtains prevailing wage determination, (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.