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H1B Processing Issues

Updated: May 24, 2023

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H1B Visa is a non-immigrant and temporary employment visa that requires a US based employer to sponsor the applicant. The visa processing usually takes around 6 months. The basic requirement of the Visa is that the employer sponsoring the applicant should be able to justify that no US citizen is qualified to perform the work.

A certain list of jobs and occupation are qualified for getting a H1B Visa for which the applicant and the employer need to get a labour certification. The major restriction of the visa is that it has numerical cap on the amount of applicants that get accepted in one year. The numerical cap is 65,000 in addition to 20,000 applicants holding special degree. The Registration time period for the year opened on March 9 and will continue till March 25 2021.

There are several issues that are faced while H1B visa is being processed:

1. Making an incorrect account

The application of H1B visa is online and there are following three types of United States Citizenship and Immigration Services [USCIS] online accounts[1]:

i. Applicant/petitioner/requestor account – Individuals use this type of account to prepare and file applications, petitions or other benefit requests. You cannot use this account type to prepare or submit H-1B registrations.

ii. Attorney/representative account – If you are an attorney or accredited representative submitting H-1B registrations on behalf of a prospective petitioner, select this option. You will also be able to submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative.

iii. Registrant account – This is the account that a prospective petitioner must create in order participate in the H-1B registration process, regardless of whether the prospective petitioner will be using an attorney or accredited representative to submit the registration.

2. Duplicate Entries

If the prospective petitioner or the representative applies for the same person as beneficiary more than once in the given year, both will be invalid due to duplicate applications. Duplicate entries should be avoided at all costs.

3. Incorrect or misleading information in the application

All the information provided in the application should be cross-checked and verified in order to avoid any mistakes.

4. Labor Condition Application [LCA]

The prospective petitioner has to apply for a validation from the U.S Department of Labor. If the application is rejected for any of the reasons, it would automatically invalidate the visa application. Therefore, the LCA has to be filed cautiously. All the requirements of the application are to be confirmed. The application usually takes a week to be processed by the department.

5. Time Constraints

The H1B visa application is time constrained and every deadline is to be followed diligently. Delayed and unfinished petitions are disqualified. A special feature initiative by USCIS helps you shorten the processing time of the visa considerably for an extra fee of $1,440. This special premium processing is also time bound as announced by USCIS.

6. Request for Evidence

USCIS may come across some discrepancies in the application and instead of rejecting the application may ask you to submit evidence in support of your claim. This leads to further delay in the processing of the visa application.


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