Must-Know Facts About H-1B Processing Time and Recent Updates
Breaking Update: A new proclamation introduces a $100,000 fee for new H-1B petitions. While this change could have a significant impact on employers and foreign workers, certain exclusions may apply. At Green Card Link, its immigration attorneys can guide you through the latest updates and help you determine the best strategy for your case.
The H-1B processing time typically ranges from 4.5 to 6 months under regular processing and just 15 business days with premium processing. For those filing under a cap-exempt petition, you are not required to wait until April 1 to file or until October 1 to begin working.
If you receive a Request for Evidence (RFE), it is critical to have experienced legal assistance. Immigration attorneys at Green Card Link can help you respond effectively and prevent unnecessary delays. For an additional $2,805 filing fee, premium processing may reduce your wait to only 15 business days.
Because the H-1B visa is a dual intent visa with relatively fast processing times compared to other categories, it remains one of the most popular pathways for foreign professionals seeking U.S. employment.
Current H-1B Processing Times
On average, H-1B petitions under regular processing take about 4.5 – 6 months. This timeline covers the period between filing and your potential start date unless your petition is cap-exempt. Immigration attorneys at Green Card Link can explain how cap-exempt petitions differ and whether this applies to your situation.
Factors That Affect Processing Times
Several variables can influence your case:
- Labor Condition Application (LCA) processing time
- Whether your petition is cap-subject or cap-exempt
- The workload of the specific USCIS service center
- The issuance of an RFE (Request for Evidence)
Working with an experienced immigration attorney at Green Card Link helps ensure that each step of the process is handled correctly and efficiently
Current H-1B Processing Times
Processing speed depends largely on the USCIS service center handling your case:
- California Service Center: 80% completed within 6 months
- Texas Service Center: 80% completed within 4.5 months
- Vermont Service Center: 80% completed within 6 months
Because workloads vary, these times may change. For tailored advice, schedule a consultation with an immigration attorney at Green Card Link.
H-1B Premium Processing
Because workloads vary, these times may change. For tailored advice, schedule a consultaThe USCIS offers premium processing for I-129 and I-140 petitions, which guarantees action within 15 business days for an additional $2,805 fee. While this option does not increase your chances of selection or approval, it can dramatically reduce waiting times for:ation with an immigration attorney at Green Card Link.
- H-1B transfers
- Extensions
- Cap-exempt filings
- Responses to RFEs
Important Note: If your petition is cap-subject, premium processing does not bypass the lottery or start-date restrictions. You will still only be eligible to file on April 1, 2025 and begin employment on or after October 1, 2025.
H-1B Cap-Exempt Processing
Cap-exempt petitions are not subject to the strict filing window or start date. This means:
- You may file year-round
- Your processing time will be the regular USCIS timeline (around 6 months) or 15 days with premium processing
This flexibility makes cap-exempt petitions especially attractive for certain nonprofit and higher-education employers.
Common Causes of Delay
The most frequent cause of delays is a Request for Evidence (RFE). USCIS may issue an RFE for reasons such as:
- Insufficient job description failing to establish specialty occupation status
- Lack of proof that the applicant’s degree or experience qualifies them for the role
- Questions about the employer’s control over the applicant’s work and wages
An RFE can significantly delay your case, but with proper legal guidance from immigration attorneys at Green Card Link, you can craft a strong, timely response.
Labor Condition Application (LCA) Processing
Before filing an H-1B petition, employers must obtain an approved LCA (Form ETA 9035) from the Department of Labor. Typically, this takes about one week. However, if issues arise, the DOL may require corrections before approval.
Because the H-1B filing window is narrow, it is best to have the LCA approved before the cap season begins.
Cap-Exempt to Cap-Subject Transfers
If you currently hold a cap-exempt H-1B and wish to transfer to a cap-subject employer, your petition must be filed during the April 1 window and you will not be able to start until October 1. This can extend your wait time by several months.
How Green Card Link Can Help
Navigating the H-1B process can be complex—especially with new policy changes, premium processing strategies, and potential delays. Immigration attorneys at Green Card Link have extensive experience assisting clients with H-1B filings, RFEs, extensions, and cap-exempt cases. Whether you are an employer or a foreign professional, the right legal strategy can save you time, money, and stress.
👉 Schedule a consultation today with Green Card Link to explore your best options for a successful H-1B petition.