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Immigration Has No Borders
Frequently Asked Questions on H-1B Visa
What is an H-1B visa?
An H-1B visa is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations that require theoretical or technical expertise.
A specialty occupation is one that requires specialized knowledge and typically requires at least a bachelor's degree or its equivalent in a specific field of study.
Individuals who have a job offer from a U.S. employer for a specialty occupation and possess the necessary qualifications, such as a bachelor's degree or higher, related to the position.
Initially, H-1B visa holders can stay in the U.S. for up to three years. The visa can be extended for up to six years in total, with certain exceptions.
Yes, H-1B visa holders can bring their spouse and unmarried children under the age of 21 to the U.S. on an H-4 dependent visa.
Yes, H-1B visa holders can change employers, but the new employer must file a new H-1B petition on the employee's behalf.
Yes, H-1B visa holders are eligible to apply for a green card (permanent residency) in the U.S. through employment-based immigration pathways.
Yes, there is an annual cap on the number of new H-1B visas issued each fiscal year. The regular cap is set at 65,000 visas, with an additional 20,000 visas available for individuals with advanced degrees from U.S. universities.
The H-1B visa lottery process typically opens in late March or early April of each year for employment starting on October 1st of the same year.
If the number of H-1B visa applications exceeds the annual cap, USCIS conducts a random selection process (lottery) to determine which petitions will be accepted for processing.
Yes, an employer may apply for an H-1B visa on behalf of a foreign worker while the worker is outside the U.S. However, individuals already in the U.S. in another valid non-immigrant status may be eligible to change to H-1B status through a process known as "Change of Status."
Yes, H-1B visa holders can work part-time as long as the employer has obtained approval from USCIS for the part-time employment arrangement.
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