Hiring on H1B Visas

For a number of reasons, the turnaround time for H1B visa applications has increased. Formerly taking approximately 6 months to obtain, it is now taking on average 8 months prior to the person’s anticipated start date to have all necessary paperwork submitted and approved. A requirement of the Labor Condition Application (LCA) requires that a prevailing wage determination (PWD) be processed. As of January first of this year, the responsibility for processing the PWDs has fallen on the U.S. Department of Labor at the federal level, resulting in increased processing times of up to 40-60 days.

In September 2009, the processing times for LCAs had already increased by two weeks due to the need for electronic filing in iCERT. These increased processing times, along with the errors on the PWDs that are returned from the department of Labor, requiring departments to correct, have increased the lead time for H1B visa applications. Until all of the issues with the process have been resolved, it is recommended that anyone wishing to hire someone on an H1B visa start the process at least 8 months before the desired start date.

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