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Immigration Law: H1B Visa  & Status

Blackman Law Group

What is an H-1B Visa?

The H-1B visa is a non-immigrant work visa in the United States that allows U.S. companies to employ foreign workers in specialty occupations. These occupations typically require theoretical or technical expertise in fields like:

  • Information Technology (IT)

  • Engineering

  • Mathematics

  • Medicine

  • Finance

  • Architecture

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Eligibility Requirements

To qualify for an H-1B visa, a candidate must:

  1. Have a U.S. employer willing to sponsor them.

  2. Possess a bachelor’s or higher degree (or equivalent experience) in a relevant field.

  3. The job offered must require specialized knowledge.

 

Duration of H-1B Status

  • Initial period: Up to 3 years.

  • Extension: Can be extended to a maximum of 6 years.

  • Exception: Some extensions beyond 6 years are possible if a green card process is underway.

 

H-1B Visa Process

  1. Employer files a Labor Condition Application (LCA) with the Department of Labor.

  2. Employer submits Form I-129 (Petition for a Nonimmigrant Worker) to USCIS.

  3. If approved, employee applies for the H-1B visa at a U.S. consulate (if outside the U.S.) or changes/maintains status in the U.S.

Important Note: H-1B visas are subject to an annual cap (currently 65,000 visas, plus 20,000 for U.S. master’s degree holders).

 

Maintaining H-1B Status

To maintain status, the employee must:

  • Work only for the sponsoring employer (unless a transfer is filed).

  • Work full-time or part-time as specified in the petition.

  • Notify USCIS of any changes in employment, address, or job duties.

  • Avoid unauthorized employment.

 

H-1B Portability (Job Changes)

  • H-1B employees can change jobs without losing status under the H-1B portability rule.

  • The new employer must file a new H-1B petition.

  • The worker can start working for the new employer once the petition is filed, even before approval.

 

Dependents

  • H-1B holders can bring spouse and children under 21 on H-4 visas.

  • H-4 visa holders cannot work in most cases, except certain H-4 spouses can apply for employment authorization if the H-1B holder has an approved green card process.

 

Common Issues

  • Visa cap reached: Many applicants face a lottery system.

  • Change of status delays: Changing jobs or extending status can take time.

  • Maintaining compliance: Missing deadlines or unauthorized employment can lead to status violation.

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