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 Application 
Responsible Party Steps in Process
Hiring Department
& Prospective Employee

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

The checks for the USCIS filing fees are not required when submitting the H-1B application to International Services. However, the checks are required to mail the application 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, must be posted at the employee’s work site.

This Notice of Intent to Hire must be posted for 10 business days prior to filing the LCA. Postings for Clemson University positions can be found with the Office of Human Resources and International Services.
U.S. Department of Labor (DOL) The DOL will review and certify the LCA within 7 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 application.
  • USCIS will then issue an I-797A/B Approval Notice, RFE, to request additional evidence or a denial. 
Total Processing Time 
  • 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. 
  • With a timely filed H-1B application, Clemson employees extending their H-1B can continue to work for 240 days beyond the end date of their current H-1B.
  • Any Requests for Evidence (RFE) issued by USCIS will require additional response time.
  • Employees outside the U.S. have to 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.