H-1B Extensions Are Delayed: Close to 6 Months for Processing

This time of year is crucial for H-1B visas, with companies and employees prepping for the H-1B lottery. The H-1B lottery is in existence because only 85,000 visas (65K normal cap + 20K Masters) are available each year. Last Fiscal Year, 250,000 applications were filed for those 85,000 spots.

The lottery is one aspect of H-1Bs, but once H-1B visas are issued, extensions are another issue. They are not subject to the lottery, but employers must still demonstrate their employees’ eligibility for visa. The maximum term for an H-1B is three years, though the maximum term is always granted (timing issues, contracts not guaranteed for three years). H-1B holders are allowed to receive a second three year term for a total of 6 years (recapture of lost time is allowed to reach 6 years).

The extension has become an issue with delays by USCIS processing times. USCIS is taking nearly six months at both service centers that adjudicate H-1B extensions. This is a major problem for employers and employees, and is also problematic for immigration logistics. The application for an extension cannot be filed more than 6 months in advance, but it is not always feasible to file the extension 6 months in advance. Job site relocations, contracts, promotions, among other things can cause changes in the content of applications. There is a 240 day automatic extension that goes into place as long as the extension is timely filed, but H-1B applications often receive requests for evidence that extend their adjudication time.

AILA is taking calls for how the lengthy adjudication time is affecting companies and workers.