Depending on the embassy/consulate abroad, foreign nationals should anticipate up to one week's processing time for a visa. Visa wait times for interview appointments and visa processing time information for each U.S. Embassy or Consulate worldwide are available at the Department of State Website.
In order for the foreign national (and family members) to apply for an H visa, the following documents must be submitted available for inspection at the closest U.S. embassy/consulate to the place of residence:
- Form DS-160 ("Online Nonimmigrant Visa Electronic Application").
- Receipt of the nonimmigrant Visa Application fee fees; a visa issuance fee (might be applicable)
- A passport sized photograph for each applicant (photo requirements).
- Original valid passport for each applicant with a validity date at least six months beyond the applicant's intended period of stay in the United States (unless country-specific agreements provide exemptions). If more than one person is included in the passport, each person desiring a visa must complete an application. .
- Form I-797 - approval notice from the USCIS granting employment authorization (this document will be provided by OISS).
- Photocopy of the most recently approved Labor Condition Application (this document will be provided by OISS).
- Photocopy of the most recently submitted I-129B (this document will be provided by OISS)
- Letter from your department indicating that you are currently employed (dates and salary are necessary).
- It is also recommended that the foreign national carry proof of ties to their home country such as home or property ownership, bank accounts or other financial assets. These are supplemental documents and should be available in case the visa officer asks to examine them.
NOTE: The beneficiary may be admitted to the United States up to 10 days before the petition validity period. The beneficiary may not work except during the validity period of the petition.
Individuals who have changed their visa status to H1-B while in the United States will need to visit a US Embassy or Consulate before returning to the US and the University of Delaware. This does not necessarily mean you have to travel to your home country, you may be able to acquire an H1-B visa stamp in a third country; however, there are several factors to consider:
- You must make sure you will be in the third country for the time needed to apply for and receive the H1-B visa stamp.
- You should also check with the Embassy or Consulate before travelling to be sure you are aware of the regulations when applying for a new visa.
Items needed for travelling outside the US and returning to the University of Delaware:
- Original I-797 (kept in your file in the Office for International Students and Scholars).
- Photocopy of the I-129H application for H1-B.
- LCA (Labor Condition Application)
- Current letter from your department indicating that you are currently employed / latest paystub.
The above documents may be obtained by sending an email to Janica Cimo at firstname.lastname@example.org 7 days prior to your departure from the US.