Are wondering how long does it take to get a work visa in the United States? This article provides a comprehensive guide to processing timelines for work visas in the United States.
The US work visa processing times vary depending on the visa type, application volume, complexity of your case and factors outside of your control.
Here, we’ll explore the various factors that influence work visa processing times and provide you with a clear understanding of what to expect when applying for a work visa in the United States.
Understanding Work Visa Processing Times in the US
Securing a work visa to work in the United States is an exciting prospect, but navigating the application process raises questions about timelines. The processing time for a work visa in the US can vary significantly depending on several factors, including:
Type of Work Visa: Different visas have distinct eligibility requirements and processing procedures, leading to variations in wait times. Below we discuss the most common types of work visas and their processing time. To determine your wait time, you can check the USCIS processing times online; for estimated processing time at US Consulates around the world, visit the visa appointment wait times.
Application Volume: The workload at U.S. Citizenship and Immigration Services (USCIS) or US Consulates abroad can influence processing speeds. High application volumes often lead to delays.
Case Complexity: Straightforward applications with complete documentation typically move through the process faster than complex cases requiring additional scrutiny.
Application Errors or Missing Documents: Incomplete applications or errors will delay processing. While you can usually fix these issues, the clock only starts ticking once your application is complete and accurate.
Country-Specific Requirements: Each type of US work visa requires applicants to meet specific requirements. Your nationality, qualifications, duration of stay, and company affiliation are carefully evaluated to determine eligibility.
Popular Work Visas and Processing Timeframes
Here’s a breakdown of some common US work visas and their estimated processing times:
H-1B visa
H-1B Visa (Specialty Occupations): This visa caters to professionals in specialty occupations requiring a bachelor’s degree or higher in the relevant field. The process typically involves an H1B visa lottery in March to select applicants, followed by an employer-filed petition with US Department of Labor and USCIS. Processing times at USCIS range from 4 to 6 months, with an option for expedited processing (15 business days) at an additional cost. Applicants outside the US for visa stamping can expect an additional 2 weeks to 1 month. For H-1B visa transfers, you can expect a similar processing timeline.
L-1 visa
L-1 Visa (Intracompany Transfers): This visa facilitates the transfer of employees from offices abroad to the company’s office in the United States for positions in executive, managerial, or specialized knowledge roles. The US employer must file a petition with USCIS before employees can obtain their L1 visas at US Consulates (not applicable to Canadian citizens applying for initial L1 visa). Unlike H-1Bs, L-1s have no annual quotas, making them faster to obtain. Processing times range from 3-4 months for regular processing and 1-1.5 months with premium processing. For L1 visa for Canadians, the processing timeline to obtain an initial L1 visa is significantly shorter (1 day).
E-2 visa
E-2 Visa (Treaty Investors): This visa allows citizens from E2 treaty countries to live and work in the US by making a substantial investment in a US business (start or buy a business). Certain employees of E-2 investors may also be eligible for E-2 visas. Processing is entirely handled by US consulates abroad and can vary from under 1 month to 6 months or more, depending on workload and staffing. However, if you are in the United States, you can apply for E2 visa while in the US through change of status to E2. Processing time for change of status to E2 is 15 business days if you choose premium processing, or up to 3 months with regular processing. Contact our E-2 visa lawyer for assistance.
O-1 visa
O Visa (Individuals with Extraordinary Ability):This visa caters to individuals with extraordinary ability in fields like sciences, arts, business, athletics, or education. The process involves a USCIS petition followed by consular processing abroad. Processing times typically range from 2 to 3 months, with premium processing options available (15 business days).
TN visa
TN visa (NAFTA Professionals): The TN visa is only available to citizens of Canada or Mexico who are coming to the United States to work in certain NAFTA professions. To secure a TN visa, Canadian or Mexican citizens must have a job offer from a US employer to work in a position requiring a NAFTA professional and must meet the educational requirements and experience for the profession. Generally, the process does not involve USCIS or DOL. For Canadian citizens, TN applications are typically adjudicated on the spot by US Customs and Border Protection (CBP) officers at US land borders and major international airports. Citizens of Canada must apply for TN visa at a US Consulate in Mexico before travelling to the United States. The TN visa processing time for Mexican citizens is 2 to 4 months.
Strategies to Minimize Work Visa Processing Delays
To expedite your work visa application process, consider these strategies:
Consult an Immigration Attorney: An experienced immigration attorney can guide you through the specific requirements for your chosen visa type and ensure your application is complete and accurate.
Start Early: Do not wait until last minute. Start the application process as early as possible to account for potential delays.
Prepare a Complete and Accurate Application: Double-check all documentation for accuracy and completeness before you submit your application.
Respond Promptly to USCIS Requests: If USCIS requests additional information or clarification, respond promptly to avoid delays.
Malescu Law can assist
Obtaining a work visa in the US requires careful planning and an understanding of the factors impacting processing times. By familiarizing yourself with the specific requirements for your visa category and following best practices, you can expedite your journey to working in the United States.
We serve companies and individuals across all 50 states, the District of Columbia and Puerto Rico.
Anda Malescu is a US immigration lawyer and Florida Bar Board Certified Expert in International Law. A member of the elite category of Florida Bar lawyers recognized for her exceptional knowledge, skill and professionalism, she advises US and international clients, including investors and entrepreneurs, on business immigration and corporate law matters. She holds a JD degree from University of Miami School of Law and a Master's degree in Economics and Business from Erasmus University Rotterdam in the Netherlands. She is a member of the Florida Bar.
