There are multiple stages to the H1B cap visa application process, including the electronic registration, Labor Condition Application and the H1B petition.

The first three stages will be completed by the US-based employer on the beneficiary’s behalf – the beneficiary being the overseas national seeking authorization – while the last three stages must be completed by that individual applicant.

The prospective employer must register the individual for the H1B lottery; if the individual is selected, the employer/sponsor must then submit a labor condition application (LCA) and then file the H1B petition.

The prospective employee must file an H1B visa application, attend an H1B visa interview and finally, seek permission to enter at a US port of entry.

With so much at stake, and so much to plan and organize in the event you are successful in obtaining an H1B, it’s natural that applicants will want to follow the progress of their application once it has been filed.

In this guide, we look at each stage of obtaining H1B status, as well as when you can expect to receive a decision and how you can check your H1B case status, where applicable.

 

How to check your H1B visa application status

 

You can check the status of your H1B visa application through the US Citizenship and Immigration Services (USCIS) website if your petition has been filed and is pending approval. Here’s how to track your application step by step:

 

Step 1: Get Your Receipt Number

 

Once your H1B petition (Form I-129) is filed with USCIS, your employer or attorney will receive a Receipt Notice (Form I-797C). This notice contains a 13-character receipt number (e.g., WAC1234567890). This number is essential for checking your case status.

 

Step 2: Check Status Online on USCIS Website

 

Visit the USCIS Case Status Online tool: https://egov.uscis.gov/casestatus/landing.do. Enter your 13-digit receipt number in the search box. Click “Check Status”.

Your case status will be displayed, indicating whether it is pending, approved, denied, or requires further action

 

Step 3: Track Status via USCIS Customer Support

 

If you cannot check your status online, you can contact USCIS Customer Service at 1-800-375-5283 and provide your receipt number to receive an update.

 

Step 4: Use the USCIS Case Processing Times Tool

 

If your case is pending for a long time, you can check estimated processing times for H1B petitions using the USCIS Processing Times Tool: https://egov.uscis.gov/processing-times/

 

Step 5: Check With Your Employer or Immigration Attorney

 

If your employer used Premium Processing, they may have received an update via email within 15 calendar days. Otherwise, your attorney or employer can contact USCIS directly if there are delays.

 

How often should I check my H1B visa status?

 

You can check your H1B visa status as often as you like, but status updates are typically not immediate. It is advisable to check every few days or weekly for any progress. If your petition is in premium processing, you may receive updates within 15 calendar days.

 

H1B visa application process

 

The H1B visa is a nonimmigrant visa allowing skilled overseas nationals to temporarily work in the United States in a specialty occupation. This is not only a sponsored visa category, where a US-based employer will first need to file a petition on behalf of the beneficiary, but also subject to a cap on the number of nonimmigrant visas that can be approved each fiscal year by US Citizenship and Immigration Services (USCIS). The application process therefore comprises an initial lottery round, followed by an employer petition and application form for those selected in the lottery stage.

Under the current H1B visa cap, only 85,000 visas — with 65,000 for beneficiaries holding bachelor’s degrees and 20,000 for those holding master’s degrees — will be adjudicated by USCIS. However, with annual demand significantly in excess of this numerical limit, USCIS runs a computerised lottery selection process to make applying for an H1B visa fair. This means that only those petitions randomly selected will go on to be adjudicated.

 

H1B lottery electronic registration

 

There are limited exceptions to this cap, but for those employers looking to file H1B cap-subject petitions, including for beneficiaries who are eligible for the advanced degree exemption, they must first electronically register with USCIS. The registration stage involves a time-limited window, and applicants are informed of whether they have been selected soon after the registration deadline has passed. The registration period typically runs in March of each year for a limited window of time, where it is only employers with selected registrations that will be able to file a petition. USCIS will usually notify selected registrants by the end of the same month or shortly after. For anyone not selected in the initial round of selections, if insufficient numbers are met to meet the annual H1B cap, there is likely to be a further round in approximately July of the same year. Once a registration has been submitted and is eligible for selection, it will remain eligible for any subsequent selection for that year. However, registrants that are not selected will not be notified of this until after USCIS has determined that they have reached the H1B cap.

 

File the labor condition application

 

Even if an employer has a selected registration, they will still need to obtain certification for a Labor Condition Application prior to petitioning to USCIS on the beneficiary’s behalf.

An LCA must be filed with the US Department of Labor (DOL) by prospective US employers on behalf of overseas nationals applying for work authorisation for certain nonimmigrant statuses, including H1B status as a specialty occupation worker. This is because US immigration laws require that hiring a foreign worker will not adversely affect either the wages or working conditions of any US workers comparably employed. The application for LCA certification includes certain attestations to this effect, a violation of which can result in fines, a bar on sponsoring petitions and other sanctions for the employer.

An LCA must not be submitted any more than 6 months before the beginning date of the employment in H1B classification. However, the process to get a DOL-certified LCA for an H1B petition is typically only 7 working days. If employers have submitted their application electronically using Form ETA-9035E, they may check the status of their application by logging into the Foreign Labor Application Gateway (FLAG) system. This is a cloud-based portal where, to create a FLAG account, the employer must first register on DOL’s website.

 

File Form I-129

 

Once the employer is in possession of a DOL-certified LCA, they can file Form I-129 (Petition for a Nonimmigrant Worker) on behalf of the beneficiary with USCIS, together with the applicable fee and supporting documentation. Having a selected registration and approved LCA does not guarantee approval of an H1B petition, where the petition must be supported by evidence to demonstrate that the job role the beneficiary will be doing qualifies for H1B classification and that the beneficiary is qualified to perform this role.

If a registration is selected during the initial lottery selection, USCIS will specify the earliest date that an H1B cap-subject petition can be filed, typically at the beginning of the April following a time-limited selection window in the March. If additional registration selections need to be made during a second round in the July, the earliest date that an H1B cap-subject petition may be filed is likely to be at the beginning of the August. The petitioner will be given a filing window of 90 days on their registration selection notice. They will also be advised of when they must indicate a start date for the H1B qualifying job role.

Unless the employer opts to pay for premium processing, it can take at least 2 to 3 months for an H1B petition to be approved, sometimes longer. The USCIS website provides an online tool to check the current case processing times for different petition-types. By searching “Check case processing times” and clicking on the relevant form, plus the form category and service center, this will provide the current processing times for Form I-129 for an H1B specialty occupation visa from abroad. The first three numerical characters of the 13-digit receipt number, which can be found on Form I-797 (Notice of Action) sent by USCIS on receipt of the I-129 petition, will indicate the service center location.

After obtaining the applicable case processing time, an online inquiry tool will appear on the website page to help the petitioner determine if they can contact USCIS with questions about their H1B case status. If the case is outside normal processing times, the website will automatically provide a service request link for submitting a specific case inquiry. The employer can also check the progress of their H1B case status either by using the USCIS case status online tool (inserting their 13-digit receipt number), by signing into their online account to check for any messages or by signing up for automatic case status alerts.

If the petition is approved, the employer will be sent another Form I-797 by USCIS, at which stage the beneficiary can submit their application for an H1B visa.

 

File the H1B visa application

 

It is only once the H1B petition has been approved by USCIS that the beneficiary can submit their application for an H1B visa to the US Department of State using Form DS-160 (Online Nonimmigrant Visa Application) and paying the applicable fee. Again, approval of an H1B petition does not guarantee the issuance of a visa, where the applicant will still be required to schedule and attend an interview at their nearest US Embassy or Consulate.

The visa applicant will be required to attend this interview with a number of administrative and biographical documents in support, and be prepared to answer any questions about their application and the information provided in it. They will also be asked to enrol their biometric information, including a scan of their fingerprints and a photograph of their face.

 

Attend the H1B visa interview

 

The purpose of the consulate interview is to verify that the information contained in the H1B visa application is accurate and to ensure that the prospective specialty occupation worker meets the relevant requirements for H1B classification. This means that the visa applicant will not only need to satisfy the consular officer responsible for interviewing them that they meet the H1B requirements, but that their stated intentions are genuine. This is to ensure that anyone applying for a visa is genuinely seeking entry for the purpose sought.

An H1B visa interview will usually be conducted by a single consular officer, who may ask a broad range of questions about all aspects of the application and the applicant’s plans, both in the short and long-term. There are general questions that are asked of most applicants, regardless of the type of visa sought, although the applicant may also be asked a number of visa-specific questions, together with questions about their personal circumstances.

At the conclusion of the interview, the consular officer should inform the applicant whether they have been approved or denied for an H1B visa. In some cases, further documentation or a waiver of ineligibility will be required, for example, where the applicant has a criminal record or a history of immigration violations. If the application is successful, the H1B visa will be placed in the applicant’s passport to be returned to them, typically via courier service a few short days after attending the interview. On receipt of their visa, the visa-holder will be able to travel to the United States, although admission must still be granted on arrival at a US port of entry by US Customs and Border Protection officials.

 

Seek permission at a US port of entry

 

Having been granted an H1B visa, this will only provide the successful visa-holder with permission to travel to the United States for the purpose of working as a speciality occupation worker. However, the visa-holder must still satisfy CBP officials that their stated intentions to come to the USA for that purpose are genuine. In most cases, provided the visa-holder has paperwork to evidence their proposed job role and start date, they will be immediately admitted entry and can start getting ready for the first day in their new role.

 

H1B visa application decision

 

Your application status should show one of the following:

 

“Case Was Received” 

“Case Was Received” means that USCIS has received your H1B petition and has entered it into their system. This is the initial stage of processing, and no further action is required at this time.

 

“Case Was Approved” 

“Case Was Approved” means that USCIS has approved your H1B petition, and your next step will depend on whether you applied for a change of status or consular processing. If consular processing was chosen, you will need to apply for an H1B visa stamp at a US consulate before entering the US.

 

“Case Was Transferred” 

“Case Was Transferred” means that USCIS has moved your petition to a different service center for further processing. This is usually done to balance the workload among USCIS offices and does not necessarily indicate a problem with your case.

 

What should I do if my case status shows “Request for Evidence” (RFE)?

 

If your case status shows “Request for Evidence,” it means USCIS needs additional documentation to process your petition. Your employer or attorney will receive a notice outlining the required documents, and they must submit the response by the deadline specified.

 

Avoiding delays when applying for H1B status

 

If applying for H1B status for the first time, both petitioners and visa applicants are strongly advised to seek advice from an immigration specialist in advance. For the petitioner, they will need to know exactly how and when to register for the H1B lottery selection process. They will also need to prepare their application for labor-certification, together with detailed documentation to be filed along with the I-129 petition to demonstrate that the job role qualifies for H1B classification and that the beneficiary is qualified to perform that role.

For the visa applicant, they too will need to prepare their paperwork to take with them to the consulate interview and be fully prepared for the types of questions that will be asked. The applicant should always check the website for their local Embassy or Consulate to see what documents they will be required to bring with them to their H1B visa interview, although these lists are not necessarily exhaustive, where the applicant may also be asked at interview to provide additional documentation, depending on their circumstances.

 

Is premium processing available when applying for H1B status?

 

Premium processing is usually available when applying for H1B status, a cost which will typically be funded by the petitioning employer if they need to expedite the beneficiary’s start date in their new job role. It is possible to pay for faster petition-processing by filing Form I-907 (Request for Premium Processing Service) at the same time as filing Form I-129.

For a $2,500 fee, USCIS guarantees that some adjudicative action will be taken on the case within 15 calendar days (or they will refund the premium processing fee but still continue with expedited processing). The 15-day period will run from when USCIS properly receives Form I-907 at the correct filing address on that form, together with the applicable filing fee.

 

Need assistance?

 

NNU Immigration are specialist US immigration attorneys. We work with employers and individuals seeking to secure a visa to work in the USA, including the H-1B visa route. We can advise on all aspects of the eligibility requirements and can guide applicants through the petitioning process, including advice on the H-1B filing deadline and meeting the strict timescales.

If you have a question about the H-1B visa, speak to our experts.

 

H1B application status FAQs

 

How can I check my H1B visa status?

You can check your H1B visa status by visiting the US Citizenship and Immigration Services (USCIS) website and entering your receipt number in the case status tracking tool. The receipt number is provided on the I-797C Notice of Action that you receive after your employer files the H1B petition.

 

How can I check my H1B visa stamping status?

If your H1B visa petition has been approved and you have attended your visa interview at a US consulate, you can check your visa stamping status on the Department of State’s Consular Electronic Application Center (CEAC) website by entering your case number.

 

What is the USCIS receipt number and where can I find it?

The USCIS receipt number is a 13-character alphanumeric code that identifies your H1B petition. It can be found on the I-797C Notice of Action sent by USCIS to your employer or attorney after your H1B petition is submitted.

 

How long does it take to process an H1B visa?

Processing times for H1B visas vary depending on whether the petition is subject to the H1B cap and which service center is handling the case. Regular processing can take several months, while premium processing guarantees a decision within 15 calendar days.

 

What happens if my H1B visa status shows “Denied” or “Withdrawn”?

If your H1B petition is denied, you cannot work under H1B status and may need to explore alternative visa options or reapply in the next H1B lottery. If your petition was withdrawn, it means either your employer voluntarily withdrew the application or USCIS canceled it due to ineligibility.

 

Can I check my H1B visa status without a receipt number?

Without a receipt number, checking your H1B visa status directly through USCIS is not possible. You can ask your employer or attorney for updates, as they may have received a notification from USCIS.

 

What does “Case Was Approved and My Decision Was Mailed” mean?

This means USCIS has approved your petition and has mailed the official approval notice. If your case was processed for a change of status, your I-797 approval notice will confirm your new visa status. If your case was for consular processing, you will need to schedule a visa interview at a US consulate.

 

How can I track my H1B visa status after it is approved?

After USCIS approves your H1B petition, you can track your visa stamping status on the US Department of State’s CEAC website if you are applying for a visa stamp at a US consulate. If you are changing status within the US, no additional tracking is needed beyond the USCIS case status tool.

 

What should I do if my case status has not been updated for a long time?

If your case status has not been updated for several months and is beyond the normal processing time, you can submit an inquiry to USCIS through their website or contact the USCIS customer service number for an update.

 

Glossary

 

 

Term	Definition
H1B Visa	A non-immigrant visa that allows US employers to hire foreign professionals in specialty occupations.
Specialty Occupation	A job that requires specialized knowledge and at least a bachelor’s degree in a related field.
Employer Sponsorship	A US employer must petition for the foreign worker and prove that the job qualifies as a specialty occupation.
Labor Condition Application (LCA)	A required document submitted to the Department of Labor to certify that hiring a foreign worker will not negatively impact US workers.
H1B Cap	The annual limit on the number of H1B visas issued, currently set at 65,000, with an additional 20,000 available for applicants with a US master’s degree or higher.
H1B Lottery	A random selection process used when the number of H1B applications exceeds the annual cap.
USCIS	US Citizenship and Immigration Services, the agency responsible for processing H1B petitions and visa approvals.
H1B Premium Processing	An optional service that allows applicants to pay an additional fee for expedited processing of their H1B petition.
H1B Validity	The initial H1B visa is valid for up to three years and can be extended for an additional three years.
H1B Extension	A process that allows an H1B visa holder to extend their stay beyond the initial three-year period, up to a maximum of six years.
H1B Transfer	An H1B visa holder can switch employers without being subject to the H1B cap, provided the new employer files a petition.
H4 Visa	A dependent visa for the spouse and children (under 21) of an H1B visa holder, allowing them to stay in the US.
H4 EAD	Employment Authorization Document that allows certain H4 visa holders to work in the US.
Green Card Sponsorship	Some H1B workers may apply for permanent residency (green card) while working in the US under the H1B visa.