H1b Visas: A Pathway For International Students In The Us

The H-1B Visa Program is a nonimmigrant, employer-sponsored classification that allows individuals who are not U.S. citizens or permanent residents to work in a specialty occupation for up to six years. The H-1B visa is often used by international students who wish to remain in the U.S. after completing their studies. The recent changes to the H-1B program have sparked a debate, with many international graduates feeling anxious about their job prospects and the potential impact on local jobs. The H-1B program has also been praised for its positive impact on the U.S. economy and unemployment rates.

H-1B status and temporary employment

The H-1B status is reserved for the temporary employment of foreign nationals by a specific employer in a specific job. The job must qualify as a "specialty occupation", which generally means having at least a bachelor's degree or its equivalent in education and experience in the appropriate field. The H-1B status is granted for a maximum of 6 years, including any time previously spent in H-1B or L-1 status. Permission is initially granted for up to 3 years and can be extended annually. After an absence of at least a year from the US, an individual can re-enter and spend another 6 years in H-1B status.

The H-1B status is highly specific to the employer, job title, salary, work location, and job description. Any changes to these specifics must be notified in advance, and an amended H-1B application must be filed before accepting a new job or changing responsibilities.

To obtain H-1B status, a prospective employer must file a petition on behalf of the applicant. The petition must be approved by the US Citizenship and Immigration Services (USCIS), which will then send a Notice of Action to the employer. The approval of a petition does not guarantee a visa. The individual can then apply for a visa at a US embassy or consulate.

Dependents of individuals in H-1B status can acquire H-4 status, which does not allow for any employment. Individuals in H-4 status may attend school full or part-time.

H-1B application process

The H-1B application process is complex and can take up to six months to complete. It is an employer-sponsored, non-immigrant classification that allows people who are not US citizens or permanent residents to work in a specialty occupation for up to six years.

The first step in the process is for the employer or agent to submit a certified Labor Condition Application (LCA) to the Department of Labor (DOL) for certification. The LCA includes certain attestations that the employer must comply with, such as paying the H-1B worker a wage that is no less than the prevailing wage for the position in the geographic area. Once the LCA is certified, the employer or agent submits a completed Form I-129, Petition for a Nonimmigrant Worker, to the United States Citizenship and Immigration Services (USCIS), along with the DOL-certified LCA.

The prospective H-1B worker must then apply to the US Customs and Border Protection (CBP) for admission to the United States in H-1B classification. If the worker is outside the US, they may need to apply for a visa and/or admission. It is important to note that the H-1B visa is subject to a cap, and there is a limited number of visas available each federal fiscal year. The initial registration period for the fiscal year usually opens in March and requires prospective petitioners and representatives to use a USCIS online account to register each beneficiary electronically and pay the associated registration fee.

The processing time for H-1B applications can vary. Internal processing at the Office of International Student and Scholar Services (OISS) before sending to USCIS can take up to three months, while external processing (once the petition is sent to USCIS) requires approximately three weeks to issue a Receipt Notice. The total processing time, including prevailing wage determination and LCA, can take up to six to seven months or longer. It is recommended to consult an immigration attorney for detailed information on how US immigration laws apply to individual circumstances.

H-1B status for dependents

H-1B status allows for the temporary employment of individuals in a "specialty occupation", generally requiring at least a bachelor's degree or equivalent experience in the field. Permission to remain in the United States with H-1B status is typically granted for three years and can be extended annually up to a total of six years. After an absence of at least one year from the US, an individual can re-enter and stay for another six years with H-1B status.

Dependents of individuals with H-1B status can acquire H-4 status. Spouses and children under 21 years of age are considered H-4 dependents. H-4 dependents are not eligible for employment and cannot get a social security number. They may, however, attend school full or part-time. To be eligible for employment, H-4 spouses may file Form I-765, Application for Employment Authorisation. Certain conditions must be met for this, such as the H-1B worker being the beneficiary of an approved Form I-140, Immigrant Petition for Alien Workers, or having been granted H-1B status beyond six years.

H-4 status for dependents is generally limited to the duration of the H-1B worker's status. If the H-1B worker's employment is terminated, either voluntarily or involuntarily, the dependent may take one of several actions to remain in a period of authorised stay in the US. This includes filing an application for a change of nonimmigrant status or being the beneficiary of a nonfrivolous petition to change the employer. If no action is taken within the grace period, the dependent may need to depart the US within 60 days or when the authorised validity period ends, whichever is shorter.

International students with F-1 status can apply for a change to H-1B status. However, such applications might be denied by the Department of Homeland Security (DHS) if they believe the applicant does not intend to return to their home country.

H-1B status and time limits

H-1B status allows for the temporary employment of individuals who perform services for a specific employer in a "specialty occupation". Generally, this means that the individual must have at least a bachelor's degree or its equivalent in education and experience in the appropriate field.

Permission to remain in the United States with H-1B status is typically granted for three years and can be extended annually for up to six years. After leaving the United States for at least one year, an individual can re-enter and apply for another six years in H-1B status. This six-year limit applies even if an individual only works in H-1B status for short periods throughout the year, unless their employment is seasonal or intermittent, or for less than six months per year.

To extend H-1B status beyond six years, an individual must reside outside the United States for one year. However, there are exceptions to this rule. For instance, if 365 days or more have passed since the filing of an application for labour certification or an EB immigrant petition, an individual may be eligible for an extension of their nonimmigrant status.

The H-1B visa program is subject to a cap, or limit, on the number of visas available each year. The H-1B registration period for fiscal year 2026 opened on March 7, 2025, and closed on March 24, 2025.

H-1B status and eligibility

The H-1B visa is a non-immigrant visa that allows US employers to temporarily employ foreign workers in specialty occupations. H-1B status allows for the temporary employment of individuals who perform services for a specific employer in a "specialty occupation". Generally, this means that the person has at least a bachelor's degree, or its equivalent in education and experience, in the appropriate field.

H-1B status requires an employer to file certain paperwork with the US government. It is not possible for an individual to obtain H-1B status without the participation of a prospective employer. The Department of Labor (DOL) and the Department of Homeland Security (DHS) are involved with H-1B processing. Permission to remain in the United States with H-1B status can initially be granted for three years, and then extended annually for up to six years. After an absence of at least one year, a person can re-enter and undertake another six years in H-1B status. H-1B status can be based on part-time employment or a combination of part-time positions.

The H-1B classification has an annual limit (cap) of 65,000 new visas each fiscal year, with an additional 20,000 petitions filed on behalf of beneficiaries with a master's degree or higher from a US institution. H-1B workers who are employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization, or a government research organization are not subject to this numerical cap. Prospective petitioners seeking to file H-1B cap-subject petitions must electronically register and pay a $10 fee for each prospective beneficiary.

Dependents of individuals in H-1B status can acquire H-4 status. H-4 individuals are not eligible for employment. However, certain H-4 dependent spouses can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has started the process of seeking employment-based lawful permanent resident status.

Frequently asked questions