Douglas Olsen
The H-1B visa is a non-immigrant visa that enables US employers to hire foreign professionals in specialty occupations requiring a bachelor’s degree or higher. This visa is designed for individuals who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DoD) cooperative research and development project, or services as a fashion model of distinguished merit or ability. The H-1B visa has an annual cap of 65,000 visas, with an additional 20,000 reserved for individuals with a US master's degree or higher. F-1 visa holders can convert to H-1B work visas, but this process involves multiple steps, including securing a job offer, employer petitioning, and documentation. This transition allows students to legally work in the US.
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What You'll Learn
F-1 Visa students may work on-campus after their first academic year
To study as a full-time student in the United States, you will generally need a student visa. The F-1 Visa is for academic students and allows you to enter the US as a full-time student at an accredited college, university, or other academic institution.
F-1 students may not work off-campus during their first academic year but may accept on-campus employment, subject to certain conditions and restrictions. On-campus employment is limited to 20 hours a week when school is in session. This can include work for an on-campus commercial business, such as a bookstore or cafeteria, as long as the work provides services for students.
After the first academic year, F-1 students may seek off-campus employment through a variety of programs. These include:
- Curricular Practical Training (CPT): This allows students to accept paid work/study, internships, or other types of required internships or practica that sponsoring employers offer through cooperative agreements with the school. CPT must be an integral part of the student's degree program curriculum and must be authorized by the Designated School Official (DSO) on the student's Form I-20.
- Optional Practical Training (OPT): OPT provides practical training experience that directly relates to an F-1 student's major area of study. An F-1 student authorized for OPT may work up to 20 hours per week while school is in session and full-time when school is not in session. After completing their degree program, USCIS may authorize an F-1 student up to 12 months of OPT. Certain F-1 students may be eligible to extend their OPT, including those in STEM fields.
- Severe Economic Hardship: USCIS will authorize off-campus employment in cases of severe economic hardship occurring after a student's enrollment in an academic program and after the student has been in F-1 status for at least one full academic year.
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Employers must attest to paying H-1B workers a fair wage
Students on an F-1 Visa (Academic Student) can enter the United States as full-time students at accredited colleges, universities, schools, or other academic institutions. They must be enrolled in a program or course of study that culminates in a degree, diploma, or certificate. To work off-campus during their studies, they must apply for an H-1B visa.
The H-1B visa is a nonimmigrant visa category that allows employers to hire foreign professionals for specialty occupations. Employers must attest to paying H-1B workers a fair wage, which is the higher of the prevailing wage or the employer's actual wage for similarly employed workers. The prevailing wage is the wage rate set for the specific occupation in the geographical area of employment. This rate is determined by a union contract or, if the occupation is not covered by a union, the weighted average of wages paid to similarly employed workers.
The actual wage is the rate paid by the employer to individuals with similar experience and qualifications for the specific job in question. Employers must pay H-1B workers at least the "required" wage, which is the higher of the prevailing wage or the actual wage. This ensures that H-1B workers are fairly compensated and protects local wage standards.
The Department of Labor's Wage and Hour Division enforces the H-1B wage provisions and can order employers to pay the required wage rate if they are found to be in violation. However, despite these regulations, some employers have been known to take advantage of a flawed H-1B prevailing wage rule to underpay their workers relative to market wage standards, resulting in significant savings in labor costs.
To address this issue, the Durbin and Grassley H-1B and L-1 Visa Reform Act has been proposed to ensure that H-1B workers are never paid below the market rate and that the wages and working conditions of college-educated U.S. workers are not compromised. Additionally, it has been suggested that the Department of Labor set the lowest (Level 1) wage to the 75th percentile for the occupation and local area to disincentivize companies from using the H-1B program solely as a cost-saving measure.
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H-1B visas are for highly educated foreign professionals
The H-1B visa is a non-immigrant visa that allows highly educated foreign professionals to work in the US in specialty occupations. These occupations require at least a bachelor's degree or its equivalent. The H-1B visa is typically valid for three years and can be extended beyond six years under certain circumstances.
To obtain an H-1B visa, employers must first submit a petition to the US Citizenship and Immigration Services (USCIS). There is a statutory cap of 65,000 H-1B visas available each fiscal year, with an additional 20,000 visas for foreign professionals with a master's degree or higher from a US institution. Due to high demand, the visa cap has been reached before the end of the year in recent years.
The H-1B visa process involves several steps, including employer petition, prospective worker application, and admission to the US in H-1B classification. Employers must attest that they will pay H-1B workers a wage that is equal to or greater than that of similarly qualified workers or the prevailing wage for the position in the geographic area.
It is important to note that the H-1B visa is different from the F-1 and M-1 student visas. The F-1 visa allows full-time students to enrol in academic programs at accredited US institutions, while the M-1 visa is for vocational or non-academic programs. F-1 students may engage in on-campus employment and, after the first academic year, certain types of off-campus employment, including STEM Optional Practical Training Extension.
In terms of tuition fees, international students on F1 visas typically pay out-of-state tuition fees, which are higher than in-state fees. However, students with H-1B visas may be eligible for in-state tuition fees if they meet the residency requirements and have paid taxes in that state.
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The annual statutory cap for H-1B visas is 65,000
The H-1B visa program allows companies and employers in the United States to employ foreign workers in specialty occupations that require highly specialised knowledge and a bachelor's degree or higher. The annual statutory cap for H-1B visas is 65,000, with an additional 20,000 visas available for foreign professionals with a master's degree or higher from a U.S. institution. This cap is set by Congress and applies to each fiscal year, with a start date of October 1st or later.
The H-1B visa category was created in 1990, and since then, Congress has limited the number of H-1B visas available annually. The cap for the fiscal year 2026 has already been reached, demonstrating the high demand for these visas. The cap was also reached within the first five business days on eight occasions between FY 2008 and FY 2020.
The H-1B visa program is crucial for the U.S. economy, especially in filling employment gaps in STEM fields. Research shows that H-1B workers complement U.S. workers and expand job opportunities for all. Additionally, H-1B workers earn higher median wages compared to U.S. workers in general, and their wages have grown at a faster rate over the years.
To ensure a fair distribution of H-1B visas, employers are not permitted to file multiple or duplicative petitions for the same beneficiary. Employers must also pay a $10 fee for each registration, and if there are more registrations than available visas, USCIS will run a lottery to determine who can file an H-1B petition.
It is important to note that the H-1B classification has specific requirements and restrictions. Employers must attest to complying with labour requirements, including paying H-1B workers a wage that is no less than that of similarly qualified workers or the prevailing wage in the geographic area. Additionally, H-1B visas are typically valid for up to six years, with possible extensions under certain circumstances.
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H-1B visa fees are paid by the hiring department, not the applicant
The H-1B visa is a nonimmigrant visa that allows people to enter the United States to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DoD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.
The H-1B visa process involves multiple fees, and most H-1B-related costs are considered a business expense for the employer. The employer must pay the prospective H-1B worker a wage that is no less than the wage paid to similarly qualified workers or the prevailing wage for the position in the geographic area. The H-1B visa fees are paid by the hiring department, not the applicant. For example, the basic USCIS filing fee of USD $460 applies to all H-1B petitions and must be paid by the department. The department must also pay a $500 anti-fraud fee for all new H-1B petitions.
Additionally, employers with a U.S.-based workforce of over 50% H-1B and L-1 visa holders must pay a $4,000 "50-50" fee on the initial petition. Premium processing costs $2,805 and is often necessary to avoid processing delays. Attorney fees for the initial application range from $1,500 to $4,000, and an additional $2,000 to $4,500 in attorney fees is required for Requests for Evidence from USCIS. Filing an extension for an H-1B employee can cost the employer about $18,000.
Overall, the high fees associated with hiring H-1B visa holders make it a costly process for companies.
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Frequently asked questions
Yes, but the process involves multiple steps and requirements, including securing a job offer, employer petitioning, and documentation.
First, find an H-1B sponsoring employer. Next, the employer must file Form I-129 with USCIS on your behalf. If your F-1 status expires before the H-1B visa takes effect, you may qualify for a cap-gap extension. The employer must then submit a Labor Condition Application (LCA) to the Department of Labor (DOL). Finally, once USCIS approves the petition, you can legally work under H-1B status.
The H-1B visa is a non-immigrant visa that enables US employers to hire foreign professionals in specialty occupations requiring a bachelor’s degree or higher.
Specialty occupations include fields such as information technology, finance, engineering, healthcare, and architecture.
Yes, H-1B non-immigrant visa holders can legally study part-time while working in the US.
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