USCIS (U.S. Citizenship and Immigration Services)
The federal agency that adjudicates H-1B petitions, green card applications, and other immigration benefits, the gatekeeper for employment-based immigration.
How It Works
USCIS is part of the Department of Homeland Security and is responsible for processing immigration petitions and applications. For H-1B workers, USCIS adjudicates the I-129 petition (the formal H-1B application filed by the employer after LCA certification). USCIS determines whether the position qualifies as a specialty occupation, whether the beneficiary is qualified, and whether the employer meets all requirements. USCIS policies and processing times vary significantly across administrations, affecting approval rates, RFE rates, and processing timelines.
Related Terms
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.
- Request for Evidence (RFE), A notice from USCIS asking for additional documentation to support an H-1B petition, common for cases where specialty occupation, qualifications, or wage level are questioned.
- Department of Labor (DOL), The federal agency that certifies LCAs and determines prevailing wages for H-1B positions, ensuring foreign workers are paid fairly and U.S. workers aren't disadvantaged.
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About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.