1. What is an H-1B Specialty Occupation Visa?

An H-1B Specialty Occupation Visa is a non-immigrant visa category that allows foreign nationals with specialized skills to work in the United States for up to six years. The visa is commonly used by tech companies and other organizations to hire skilled workers from outside the US. The visa is employer-sponsored, meaning the foreign national’s employer must file an application for them. In order to qualify for an H-1B visa, the individual must have a college or equivalent degree in a specialty occupation, such as engineering, law, medicine, or technology.

2. What is the difference between an H-1B visa and other types of work visas?

An H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations, such as scientists, engineers, or computer programmers. In contrast, other types of work visas may allow for permanent employment and residency in the U.S., or only allow temporary employment for seasonal or agricultural work.

3. How long can I stay in the US with an H-1B visa?

The maximum amount of time you can stay in the US with an H-1B visa is 6 years, after which you must leave the country or apply for an extension.

4. What are the requirements for an H-1B visa?

The requirements for an H-1B visa are:

1. The applicant must have a valid job offer from a U.S. employer.

2. The job offered must require a worker who has a minimum of a bachelor’s degree or equivalent in experience and training in a specific specialty occupation, such as accounting, architecture, engineering, computer science, mathematics, etc.

3. The applicant must have the appropriate credentials to perform the job duties required in the United States.

4. The employer must present evidence that they are paying the prevailing wage for the position being offered.

5. The applicant must be able to provide evidence that they will not be taking away a job from an American worker and that the salary being offered is not lower than what an American worker would receive for the same job.

5. How do I apply for an H-1B visa?

In order to apply for an H-1B visa, you must first locate a U.S. employer who is willing to sponsor you for the visa. The employer must file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS). You must then submit the necessary documents to the USCIS and wait for approval. After being approved, you may then schedule an appointment with a U.S. embassy or consulate abroad to complete the visa application process.

6. Can I bring my family members with me to the US on an H-1B visa?

No. The H-1B visa is a non-immigrant visa which is only for foreign workers who will be working in the US. Family members of H-1B visa holders are eligible to apply for a dependent visa such as an H-4 visa, which allows them to accompany the primary visa holder to the US but does not allow them to work or study.

7. What are the current H-1B visa processing times?

The current processing times for H-1B visa applications vary depending on which USCIS Service Center is processing the application, but generally range from 1.5 to 5 months.

8. How much does it cost to apply for an H-1B visa?

The cost of applying for an H-1B visa depends on the type of application being filed. Generally, employers must pay a filing fee of $460. Additionally, employers may need to pay an Anti-Fraud fee of $500, an ACWIA fee of $750 or $1,500 (depending on size) and a Public Law 114-113 fee of $4,000. In some cases, additional fees may also be required.

9. Are there any restrictions on the type of work I can do on an H-1B visa?

Yes, you may only work in the specialty occupation for which you were granted the H-1B visa. Additionally, you must work for the petitioning employer that sponsored you. You are not permitted to work for another employer or in a different job without obtaining prior approval from USCIS.

10. How long does my employer have to keep my job open if I am on an H-1B visa?

An employer is required to keep a job open for an H-1B visa holder for the duration of the approved period of stay, up to a maximum of six years.

11. Can I extend my stay in the US after my H-1B visa expires?

No, you cannot extend your stay in the US after your H-1B visa expires. You must either apply for an extension or leave the US before your visa expires. If you do not leave the US before your visa expires, you will be considered out of status and may have difficulty obtaining a new visa in the future.

12. Is it possible to switch employers while I am on an H-1B visa?

Yes, it is possible to switch employers while on an H-1B visa. However, the new employer must submit a new H-1B petition to the USCIS and wait for approval before you can begin work with the new employer. If you begin working without USCIS approval, you could be in violation of your existing visa status and subject to deportation.

13. Are there any special rules for people coming to the US on an H-1B visa from certain countries?

Yes. The U.S. Department of State has a number of special rules for travelers coming to the U.S. on an H-1B visa from certain countries. These include:


• A country-specific travel ban for the duration of the visa status, which includes restrictions on visa-free travel, travel out of the U.S., and re-entry into the U.S.
• A requirement to obtain a special authorization letter from the Department of Homeland Security prior to traveling to the U.S.
• A requirement to register with the U.S. Embassy or Consulate in the country of origin prior to travel to the U.S.
• A requirement to obtain a new H-1B visa in order to re-enter the U.S., even if the original visa is still valid.

14. Can I work part-time while on an H-1B visa?

Yes, you can work part-time while on an H-1B visa, provided you have valid employment authorization and the part-time job is related to the same occupation listed on your H-1B visa.

15. Are there any special rules for students who are coming to the US on an H-1B visa?

Yes, there are special rules for students who are coming to the US on an H-1B visa. They must fulfill all the requirements for any F-1 visa holder, including obtaining a student visa from the US Embassy or Consulate and participating in an approved educational program. In addition, they must have a job offer from a US employer and be sponsored by that employer. They must also have a valid passport and comply with all US immigration laws and regulations.

16. Is it possible to convert my current work visa to an H-1B visa?

Yes, it is possible to convert a current work visa to an H-1B visa. However, it depends on the specific situation and the details of your current visa. It is best to speak with an immigration attorney to understand the requirements and process for applying for an H-1B visa.

17. Are there any restrictions on how long I can stay in the US while on an H-1B visa?

Yes. The maximum length of stay in the US on an H-1B visa is six years. After six years, visa holders must leave the US for at least one year before they can apply for a new H-1B visa.

18. Is it possible to receive permanent residency in the US while on an H-1B visa?

Yes, it is possible to receive permanent residency in the US while on an H-1B visa. The H-1B visa holder must apply for permanent residency status and go through the application process. If approved, the individual will be granted permanent residency status.

19. How quickly can I obtain a new H-1B visa once my old one expires?

It depends on the circumstances. Generally, a new H-1B visa can be obtained relatively quickly, with the entire process taking between four to six months. However, there are a variety of complicating factors that can cause delays and lengthen the process.

20. Is there a limit to how many times I can renew my H-1B visa?

Yes, the U.S. Citizenship and Immigration Services (USCIS) limits H-1B visa holders to a maximum of six years of stay in the U.S. This maximum includes any time spent outside of the U.S. during the six-year period. After this, you must leave the U.S. for at least one year before you can apply for a new H-1B visa.