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US Immigration Processes

Immigration processes involve multiple stages, agencies, and timelines. Understanding workflows, processing times, premium processing options, and compliance requirements enables realistic planning and prevents costly mistakes.

Employer Sponsorship Workflow

Employer-sponsored immigration follows a structured workflow from initial petition through final approval. Each stage has specific requirements, timelines, and potential failure points.

Labor Condition Application (LCA) for H-1B: Employers must file an LCA with the Department of Labor before filing an H-1B petition. The LCA attests to paying the higher of actual wage or prevailing wage, providing working conditions for similarly employed workers, and not displacing US workers. LCA processing typically takes 7 business days. The LCA must be posted at the worksite and maintained in a public access file. LCA violations can result in debarment from future H-1B sponsorship.

PERM Labor Certification: For employment-based green cards requiring labor certification (EB-2 and EB-3), employers must demonstrate no qualified US workers available through recruitment. The process includes prevailing wage determination (4-6 months), recruitment period (30-60 days), and PERM filing (6-12 months total). PERM denials require restarting the entire process. PERM approval is valid for 180 days—the I-140 petition must be filed within that window.

Petition Filing: After LCA (for H-1B) or PERM approval (for green cards), employers file petitions with USCIS. H-1B petitions require Form I-129 with supporting documentation. Green card petitions require Form I-140 with evidence of eligibility. Petitions must demonstrate all requirements are met—specialty occupation, ability to pay, qualifying relationship, etc.

Request for Evidence (RFE): USCIS may issue RFEs requesting additional documentation or clarification. RFEs extend processing times significantly. Common RFE topics include specialty occupation justification, ability to pay, qualifying relationship, or specialized knowledge. Responding to RFEs requires careful documentation and legal strategy.

Petition Approval: Approved petitions authorize the requested status or establish eligibility for the next stage. H-1B approvals authorize work for the specific employer, role, and location. I-140 approvals establish eligibility for green cards but don't grant status—visa availability and adjustment of status or consular processing are still required.

Status Changes and Extensions: Changing employers, roles, or locations may require amending or filing new petitions. Extending status requires demonstrating continued eligibility. Timing matters—filing too early or too late can create gaps in authorized stay.

Processing Times

Processing times vary dramatically by category, service center, and current workload. Understanding typical timelines enables realistic planning.

H-1B Processing: Regular processing typically 2-4 months. Premium processing (15 calendar days) available for additional fee. Cap-subject H-1Bs must be filed during the April filing window for October start dates. Lottery results determine which petitions proceed.

L-1 Processing: Regular processing typically 2-6 months depending on service center. Premium processing (15 calendar days) available. Blanket L-1 approvals speed individual transfers. New office L-1s have longer processing times and initial 1-year approvals.

O-1 Processing: Regular processing typically 2-4 months. Premium processing (15 calendar days) available. O-1 petitions require extensive documentation, extending preparation time before filing.

I-140 (Green Card Petition) Processing: Regular processing typically 4-8 months depending on category and service center. Premium processing (15 calendar days) available for most categories. EB-1A and EB-2 NIW (self-petitioned) may have different processing patterns than employer-sponsored petitions.

I-485 (Adjustment of Status) Processing: Processing times vary significantly by service center and category, typically 8-24 months. Employment-based adjustments often faster than family-based. Processing includes biometrics appointment, interview (sometimes waived), and final adjudication.

Consular Processing: After I-140 approval and visa availability, consular processing involves National Visa Center (NVC) processing (document collection, fee payment), consulate interview scheduling (varies by consulate, often 2-6 months wait), interview, and visa issuance. Total time from NVC processing to visa issuance typically 6-12 months.

Priority Date Movement: Visa Bulletin publishes monthly updates showing which priority dates are current. Employment-based categories face backlogs—India and China have particularly long waits. Family-based categories also have backlogs varying by country and category. Priority dates can retrogress (move backward) when demand exceeds supply.

Premium Processing

Premium processing expedites certain petitions for an additional fee, providing 15 calendar day processing (or 45 days for some categories) instead of regular processing times.

Available Categories: H-1B, L-1, O-1, I-140 (most categories), some other nonimmigrant categories. Not available for all petition types.

Benefits: Faster decisions enable quicker start dates, reduce uncertainty, and allow faster responses to RFEs. Premium processing doesn't guarantee approval—only faster adjudication.

Limitations: Premium processing can be suspended during high-volume periods (like H-1B cap season). Fees are non-refundable even if petition is denied. Premium processing doesn't expedite dependent petitions or related applications.

When to Use: Premium processing is valuable when timing is critical—job start dates, status expiration approaching, or business needs requiring faster decisions. For non-urgent situations, regular processing may be sufficient.

Compliance Requirements

Immigration compliance involves ongoing obligations for employers and status maintenance for workers. Violations can result in penalties, debarment, or status loss.

Employer Obligations:

  • LCA Compliance (H-1B): Maintain public access files documenting wage payments, working conditions, and LCA compliance. Post LCA notices at worksite. Pay prevailing wage or actual wage, whichever is higher. Report material changes (location, role, wages). H-1B dependent employers have additional obligations.

  • PERM Compliance: Maintain documentation of recruitment, prevailing wage determination, and PERM filing. Report material changes. Comply with post-PERM obligations if green card is approved.

  • Public Access Files: H-1B employers must maintain files accessible to the public (or authorized representatives) documenting compliance. Files must include LCA, wage documentation, and other required records.

  • Material Change Reporting: Changes to employment (location, role, wages, hours) may require amending petitions or filing new petitions. Failure to report material changes can violate status.

  • Ability to Pay: Employers must demonstrate ability to pay offered wages throughout the sponsorship period. This is particularly important for green card sponsorships where ability to pay must be shown from PERM through I-140 approval.

Worker Obligations:

  • Status Maintenance: Workers must maintain lawful status, comply with conditions, and not violate terms of authorization. Working without authorization, working for unauthorized employers, or violating status conditions can result in removal and future inadmissibility.

  • Portability Rules: H-1B portability allows changing employers under specific conditions. Understanding portability windows and requirements prevents status gaps.

  • Extension Timing: Extensions must be filed before status expires. Late filings create gaps in authorized stay that can cause problems.

  • Material Change Reporting: Workers must report material changes that affect status eligibility. Changes to role, location, or employment terms may require new petitions.

Common Compliance Failures:

  • Wage violations (paying below prevailing wage)
  • Material changes not reported or addressed
  • Public access file violations
  • Working without authorization
  • Status expiration without timely extension
  • Violating portability rules

Penalties: Compliance violations can result in civil penalties, debarment from future sponsorship, revocation of approved petitions, and removal proceedings for workers. Prevention through systematic compliance is far better than remediation after violations.

Workflow Timing Considerations

Immigration processes have critical timing windows that must be respected:

Filing Windows: H-1B cap-subject petitions must be filed during the April window. Missing the window delays start dates by a full year.

Status Expiration: Extensions must be filed before current status expires. Late filings create gaps. Early filings may be rejected.

PERM Validity: PERM approvals are valid for 180 days. I-140 must be filed within that window or PERM expires.

Portability Windows: H-1B portability has specific timing requirements. I-140 portability requires I-485 pending 180+ days.

Priority Date Locking: Filing I-140 locks in the priority date. Delaying I-140 filing can lose priority date advantages.

Consular Processing Timing: After I-140 approval and visa availability, consular processing has deadlines for document submission and interview scheduling.

Understanding these timing requirements prevents costly delays and status problems.