H-1B Petition I-129 Processing Time and Trends

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Current Trends – As of today i.e. 16th December 2012.

Following chart depicts the current I-129 Processing Time of USCIS National Average and Vermont Service Center. So, based on current trend, if your petition will be filed at Vermont Service Center, a decision might be taken in 2.1 months from the actual date of filing. A decision could be Approval Notice, Rejection or an RFE.

Following chart shows the I-129 Processing Volume Trend of Vermont Service Center.

Following chart shows National Trend for I-129 Processing Volume

Source – USCIS

How to view most current Processing Time, Volumes and Trends?

1. Go to https://egov.uscis.gov/cris/Dashboard.do
2. From the second table at the bottom titled “Processing Times”:
1. Select a form type – select “I-129” and click “Next” button (page will refresh)
2. Select a form sub-type – select “H-1B – Specialty Occupation – Visa to be issued abroad” and click “Next” button (page will refresh)
3. Select an office – select any office you wish to view and click “Next” button (page will refresh)
4. Current Processing Time will be shown in the form of chart (similar to the chart shown above – the very first image above)
3. On the same page and just beneath the second table, there is a link “View national volumes and trends for all applications”. Click on that link and it will take you to a new page titles “National Processing Volumes and Trends”. From that page:
1. Select a form type – select “I-129”
2. Select an office – select any office you wish to see
3. Select chart type – select any chart you wish to see
4. Click on the button “Get Results”. Page will refresh and you will see two charts similar to the one shown above – last 2 images)

What is H-1B Petition I-129’s Approval Notice I-797B and How it Looks Like?

 

Please click here to read about variants of I-797 including I-797B.

The USCIS Approval Notice I-797B, is really a receipt that USCIS has received your application and contains information like:

• The applicant's (Petitioner) individual information.
• The Beneficiary's information (if any).
• Name with the petition.
• Receipt Number, using this number you can verify the status of your application.
• Receipt Date, the date your application was received by USCIS.
• Priority Date, is your location inside the waiting list queue. This date depends upon the preference group you come under as well as the nation of birth. If your priority date may be the current date, it means that a visa is immediately offered.
• Notice Date.
• Type of notice, whether or not it is USCIS Approval or receipt.
• Class, what category you belong.
• Validity of one's petition. This states how lengthy your petition is legitimate. The consular authorities have the right to extend your validity interval.

13 Digit Alpha-Numeric, H-1B Petition I-129 Receipt / Case / Reference Number

 

Format: {FIRST PART}-{SECOND PART}-{THIRD PART}-{FOURTH PART}

Example: EAC-12-209-52348

• FIRST PART
  • Indicates the USCIS Service Center where H-1B petition was filed
    • EAC – Vermont Service Center (old name: Eastern Adjudication Center).
    • LIN – Nebraska Service Center (LIN refers to Lincoln, Nebraska).
    • SRC – Texas Service Center (old name: Southern Regional Center).
    • WAC – California Service Center (old name: Western Adjudication Center).
• SECOND PART
  • Last two digits of the Year in which H-1B petition was filed.
• THIRD PART
  • Working Day (i.e. excluding weekend & holidays) starting from October 1st of the year of filing
• FOURTH PART
  • Indicates the Case Number that was assigned to your H-1B petition.

H-1B Petition I-129 filing by Sponsor

 

This post is a part of series of posts that makes up “The Complete Process Trail for H-1B Work Visa”.

Based on the documents that you have sent to the Sponsor and the accepted Offer Letter, Sponsor will prepare the H-1B Petition I-129 and submit it to any one of the following Service Centers of U.S. Citizen and Immigration Services (USCIS) based on the applicable jurisdiction.

• California Service Center
• Nebraska Service Center
• Texas Service Center
• Vermont Service Center

Source: USCIS

Your sponsor can submit your H-1B Petition I-129 in either of the following processing modes:

1. Regular Processing
   • Processing Time – up till 6 months
   • Base filing fee – US$ 325
     • American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
       • US$ 750 for employers with 1 to 25 full-time equivalent employees, unless exempt
       • US$ 1,500 for employers with 26 or more full-time equivalent employees, unless exempt
     • Fraud Prevention and Detection fee
       • US$ 500 to be submitted with a request for initial H-1B status or with a request for a beneficiary already in H-1B status to change employers (does not apply to Chile/Singapore H-1B1 petitions)
     • Public Law 111-230
       • US$ 2,000 to be submitted by a petitioner which employs 50 or more employees in the United States where more than 50 percent of its employees in the United States are in H-1B or L-1 nonimmigrant status.
       • must be submitted with a request for initial H-1B status or a request for a beneficiary already in H-1B status to change employers
   • Turn around time – Within 6 months
2. Premium Processing
   • Processing Time – Within 2 weeks
   • All fees mentioned in “Regular Processing” above
   • Additional fee of US$ 1,225 for employers seeking Premium Processing Service

Source: USCIS

So does Premium Processing has Higher chances of Approval? the answer is No. Its just a way to expedite the processing of your application. Premium processing will not increase your chances of approval. And, if you are applying for H-1B for the first time, there’s no need to go for Premium Processing, because even if you know early, that your H-1B Petition I-129 has been approved, you can not enter USA before 1st of October the same year.

Then why should one go for Premium Processing? there are cases when opting for Premium Processing is beneficial:

1. H-1B Transfers – because candidate can work right away and do not have to wait for 1st October. Moreover, candidate want to switch early instead of being stuck with existing sponsor for long
2. H-1B Addendum – because candidate can work right away and do not have to wait for 1st of October
3. etc.

Once the H-1B Petition I-129 is submitted by the Sponsor, the USCIS Service Center will send a Receipt Notice bearing a 13 digit alphanumeric reference number.This is the petitioner’s (sponsor’s) first confirmation that the petition is in the adjudicating queue.

You will now have to wait for the approval of your petition by USCIS. During that period you can check about your case status from time to time on USCIS website.