How long does it take for the employer to prepare an H1B appliication?

Asked over 1 year ago - Boston, MA

My new employer is right now preparing an H1B application on my behalf so that I can work for them. I followed up on the status last week and they said they are waiting for the prevailing wage document which takes about 2 months to obtain, on average. Is this document ALWAYS needed? I am outside the US at the moment, but I have worked on H1B previously in the US and have also had H1B transfers. I don't seem to recall its taking so long to obtain the prevailing wage document. Or is this not needed during H1B transfers? Once they get the document, I imagine it will take them another 4 weeks or so to obtain the LCA and send everything off to the USCIS. Is this correct?

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree


    Answered . It would be very unusual to time this much time to obtain a prevailing wage. It usually takes about one week to get an LCA approved.

    Please click the link below for additional information.

    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: (English) (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20


    Lawyers agree


    Answered . It is entirely up to the resources knowledge and experience of the employer's attorney. If the employer does not have you - you are in trouble an need to sugest to them hire one immediately.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866)... more
  3. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . Yes, prevailing wage is a required first-step for the LCA, which is required before submitting the H application.

    But, it doesn't normally take 2 months ... it can be done in 2 minutes by going here:

    You should talk to their LAWYER and not a manager, and especially NOT someone in HR.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  4. Richard Scott Roth-Sterger

    Contributor Level 8


    Lawyers agree

    Answered . It all depends on the experience and competence of your company's attorney.

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