General H-1B Questions
Q: What is the H-1B visa cap?
The H-1B visa program has an annual cap of 85,000 visas:
- 65,000 for general applicants.
- 20,000 reserved for individuals with advanced degrees from U.S. universities.
Q: What qualifies as a “specialty occupation”?
A specialty occupation requires:
- A minimum of a bachelor’s degree in a specific field.
- Theoretical and practical application of specialized knowledge (e.g., IT, engineering, healthcare).
Q: How early can an employer file an H-1B petition?
Employers can file H-1B petitions up to six months before the fiscal year starts (e.g., file on April 1 for an October 1 start date).
H-1B Visa Eligibility and Requirements
Q: Can a small business sponsor an H-1B visa?
Yes, small businesses can sponsor H-1B visas if they can prove:
- Legitimate operations.
- That the position meets the specialty occupation criteria.
Q: Do I need work experience to qualify for an H-1B visa?
Work experience is not mandatory if you meet the educational requirements. However, relevant experience strengthens your application.
Q: Can I work for multiple employers on an H-1B visa?
Yes, but each employer must file a separate H-1B petition for you.
H-1B Dependents
Q: Can my family join me on an H-1B visa?
Yes, your spouse and children under 21 can apply for H-4 visas to live in the U.S.
Q: Can my spouse work in the U.S. on an H-4 visa?
In specific cases, H-4 visa holders can apply for work authorization if the H-1B visa holder is pursuing a green card.
H-1B Lottery System
Q: What are the chances of being selected in the H-1B lottery?
The odds vary yearly depending on the number of registrations.
Q: Is there any way to avoid the H-1B lottery?
Yes, working for a cap-exempt employer (e.g., universities or nonprofit organizations) bypasses the lottery.
H-1B Costs and Processing Times
Q: Who pays for the H-1B visa filing fees?
Employers are required to pay most fees, including:
- ACWIA fee.
- Anti-fraud fee.
Q: How long does the H-1B process take?
- Standard processing: 3–6 months.
- Premium processing: Decision in 15 calendar days for an additional fee.
Transfers, Extensions, and Renewals
Q: Can I transfer my H-1B visa to a new employer?
Yes. You can start working for a new employer once the transfer petition is filed, even before approval.
Q: How long is the H-1B visa valid?
The initial validity is up to 3 years, with extensions available for a total of 6 years.
Q: Can I extend my H-1B beyond 6 years?
Yes, if you are pursuing a green card or meet specific criteria under the AC21 rule.
H-1B Denials and Alternatives
Q: What happens if my H-1B petition is denied?
If denied, you can:
- File a motion to reopen or reconsider.
- Reapply during the next lottery season.
- Explore other visas like the O-1 or L-1.
Q: Can my employer revoke my H-1B visa?
Yes, an employer can withdraw sponsorship but must notify USCIS. You will need to secure a new sponsor or change your visa status.
Q: What happens if I lose my job on an H-1B visa?
You have a 60-day grace period to:
- Find a new sponsor.
- Apply for a different visa.
- Leave the U.S.
Q: Is there a minimum salary for H-1B workers?
Yes, employers must pay at least the prevailing wage for your position, which varies by job role and location.
Additional Resources for H-1B Visa Applicants
- Learn more about the H-1B Lottery Process.
- Find out how to work for a Cap-Exempt Employer.
- Explore H-1B Alternatives, such as the O-1 or L-1 visa.
- Schedule a Meeting with Relief Law’s Expert Business Immigration Attorneys: Get personalized guidance tailored to your specific immigration needs. Our team specializes in H-1B, E-2, L-1, and more. Visit Relief Law or contact us today to book your consultation.
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