Processing Times for Actual H-1B Visa, PERM, I-140/I-485 Green Card Adjustment Application for Fla. Emergency Room Physician
I get a lot of questions from physicians completing their residency training programs and evaluating their prospective employers and visa options. Considerations about the length of the visa process frequently factor into the decision as to which employer is most attractive to the physician. One of the most common questions is how long the entire H-1B, PERM and green card process take to complete, from beginning to end. I advise physicians that processing times vary significantly based on the service center where the petition is filed, USCIS and DOL work schedules, the schedule and inclinations of the individual examiner assigned to the case and how may requests for further evidence (RFE) by that examiner. Some examiners issue more RFEs than others.
All in all, processing times could vary widely. However, for H-1Bs and certain I-140 petitions, premium processing may be requested under which the USCIS is obligated to approve the application or issue an RFE within 15 days of filing. Once they receive the RFE response, the USCIS must act on the application within 15 days.
Below is an example of an actual application processing times. The entire process in this case was fairly fast and not reflective of the processing times that most applicants experience. This represents possible processing times in unusual case where both the USCIS and DOL act promptly in reviewing and approving each application.
The following physician is an emergency room physician employed in Orlando, Florida. My law firm was retained by this physician and we completed all of these applications under the EB-2 classification. An outline of the dates of the various filings and approvals from the H-1B process, through PERM labor certification and concurrently filed I-140/I-485 applications, follows.H-1B Visa Application-Premium Processing (California Service Center)
PERM Labor Certification Application (Atlanta, GA)-Date of Acceptance for Processing: August 05, 2010
- Date Certified: August 17, 2010I-140/I-485 Green Card (Concurrent Filing) (Texas Service Center)
- Date of I-485 Biometrics (ASC) Appointment: November 29, 2010
- Date of Approval of I-140 Application: December 27, 2010
- Date of Approval of I-485 Application: December 27, 2010
In this case, the entire process took from March 2009 to December 27, 2010 to complete. This time includes the period for recruitment and preparation of the applications. The actual time that petitions were actually pending with the DOL and USCIS is much smaller. Both the H-1B and PERM applications were approved within 2 weeks of filing. The I-140/I-485 green card petitions were approved in less than two months from the date of filing. This is at the positive end of the spectrum in terms of processing times. In the vast majority of cases, the process takes longer to complete.-Date of Filing: October 18, 2010-Date of Filing: March 16, 2009
- Date of Approval: April 1, 2009