H-1B Processing Times

The timeframe for H-1B sponsorship can vary greatly depending on the individual’s current immigration status and physical location. Someone who holds H-1B status with one U.S. employer may be able to transfer their H-1B status to Clemson University in as few as 1-2 months. However, if an individual in the U.S. holds a different immigration status or lives outside the U.S. and must apply for an H-1B visa stamp abroad, the process can take must longer, maybe as long as 6-12 months.

Since the H-1B petition involves processing time by two government agencies, the U.S. Department of Labor (DOL) and the U.S. Citizenship and Immigration Services (USCIS). It is recommended that departments initiate the H-1B application process at least 6 months in advance of the expected employment start date to ensure timely filing and adjudication of the petition. 

Below are the required steps for filing an H-1B petition. 

Steps in Filing an H-1B Petition
Responsible Party Steps in Process
Hiring Department
& Prospective Employee

The hiring department provides a complete H-1B Application Packet:

  • Hiring Department and Employee H-1B Request Form
  • Actual Wage Determination Form
  • Export Control Form
  • Hiring Department Support Letter
  • All additional documents to International Services for review.
  • Checks for USCIS.

The checks for the USCIS filing fees are not required when submitting the H-1B petition to International Services. However, the checks are required to mail the petiton to USCIS. 
International Services

Initial Review - includes determining wage rate and filing the Labor Condition Application (LCA) with the DOL.

Posting of Notice of Intent to Hire - The U.S. Department of Labor (DOL) requires the employer to confirm that as of the date of the LCA being filed, notice of the LCA has been or will be provided to workers employed in the named occupation.  The posting, including position, salary, and location, is posted on both Clemson's Office of Human Resources and International Services website. This Notice of Intent to Hire must be posted for ten business days prior to filing the LCA.

Postings for Clemson University positions can be found on the Office of Human Resources and International Services websites. 
U.S. Department of Labor (DOL) The DOL will review and certify the LCA within seven business days of the filing date.
International Services International Services will prepare and submit the H-1B petition to USCIS. 
USCIS 
  • USCIS will review both the position and the employee's eligibility for H-1B visa status. 
  • USCIS will issue an I-797C Receipt Notice upon receipt of the H-1B petition.
  • USCIS will adjudicate the petition and issue an I-797A/B Approval Notice, Request for Evidence (RFE), to request additional evidence or a denial. 
Total Processing Time 
  • It is recommended that departments initiate the H-1B petition process at least six months in advance of the expected employment start date to ensure timely filing and adjudication of the petition. 
  • With a timely filed H-1B petition, Clemson employees extending their H-1B status can continue to work for 240 days beyond the end date of their current H-1B while USCIS adjudicates their petition.
  • All Requests for Evidence (RFE) issued by USCIS will require additional processing/response time.
  • Employees outside the U.S. must apply for an H-1B visa at a U.S. Embassy abroad, which can delay their arrival to Clemson.

While International Services exercises our best efforts to adhere to the timeline above, internal and external factors can cause deviations from this timeline. 

Additional Resources

If you have any questions about the H-1B visa or application process, please contact International Services at empvisa@clemson.edu.