This is the general timeline for a standard H-1B petition. Once documentation is submitted an advisor in International Programs may determine that the H-1B petition needs "premium processing service" to ensure that adjudication is done in a timely manner.
Step 1: Prevailing Wage and Actual Wage (6-8 weeks)
Once the necessary documentation is received from the department, an International Employee & Scholar Advisor will submit a request to the U.S. Department of Labor’s National Prevailing Wage Center for a Prevailing Wage Determination
. The process typically takes 60 days. The Actual Wage
is the wage or wage range that is offered for a particular position at KU. The division, department, or center will need to compare the position (job title and duties) being offered to the nonimmigrant worker with other employees within the division/department/center who essentially do the same thing.
Step 2: Posting Notice (10 business days)
After the prevailing wage determination is complete and the hiring authority has determined that they are willing and able to pay the actual wage or prevailing wage, whichever is higher, International Programs will provide a notice which should be placed in two (2) conspicuous locations around the place of employment for ten (10) consecutive business days. After the hiring department completes and signs the notices they must be returned to International Programs.
Step 3: Labor Condition Application (1 week)
After the Posting Notices are complete, a Labor Condition Application (LCA) will be filed by the Int’l Employee & Scholar Advisor and submitted online to the U.S. Department of Labor (DOL). By filing the LCA, the employer attests that the prevailing wage and working conditions will be offered (for more information see LCA section). A certified LCA must be submitted with the H-1B petition to USCIS; the LCA cannot be filed with DOL more than 6 months before the proposed start of employment. Also, a notice of the filing of the LCA must be given to other employees at the work site or locations where H-1B employee will be working.
Step 4: Submission to USCIS for Adjudication (3-4 months)
When all documentation has been received, the Int’l Employee and Scholar Advisor shall petition for H-1B status using USCIS Form I-129 and its supplements. The petition, along with LCA, the department’s letter of support, employee’s supporting documentation, and application fee(s) shall be filed with USCIS California Service Center. This process takes 90-120 days, possibly longer if USCIS requests additional information.