H-1B Visa Status: Everything You Need to Know (2024)

H-1B visas allow a foreign national to work in the United States. Once an immigrant attains an H1B visa, they may hold the H1B visa status for up to six years.9 min read updated on February 01, 2023

What Is an H-1B Visa Status?

An H-1B visa allows a foreign national to work temporarily in the United States. Once an immigrant attains an H-1B visa, they may hold the H-1B visa status for up to six years. This is then renewable every three years if approved by the United States Citizenship and Immigration Services (USCIS). An employer files a petition for the H-1B visa on the worker's behalf with the U.S. Department of Immigration.

Why Is an H-1B Visa Status Important?

An H-1B visa status is important to keep you in the country to work. Each year, only 85,000 are available. Of these 85,000, 20,000 H-1B visas are available only to workers that hold a master's degree or higher from an accredited U.S. university or college. This limit is referred to as the H-1B cap.

H-1B status is granted for three years and may be renewable for one-year or three-year increments. To get an extension after six years, H-1B visa holders must apply for employment-based permanent residence. This is also known as a green card. Aliens working on projects for the Department of Defense may receive H-1B status for up to 10 years. You can get an H-1B restamping at any U.S. Embassy or Consulate after approval.

What Are the Advantages of an H-1B Visa?

Compared to other visas, the H-1B visa is quick and easy to get for qualified workers. Once the petition is approved by the USCIS, you can legally work and live in the United States as a non-immigrant. H-1B status also allows you to travel freely both internationally and domestically without need for Advance Parole or an Employment Authorization Document (EAD). This travel must be within the valid dates of the visa.

Another perk of H-1B status is dual intent. Under the dual intent doctrine, a person can seek permanent residency while already residing and working in the U.S. Children, spouses, and family members also become eligible for permanent residency under dual intent. Even when family members are trying to get permanent residency, this doesn't affect your H1 or their H4 status.

H-1B status also allow you to:

  • Purchase a home, real estate, or other property
  • Invest in mutual funds, stocks, commodities, futures, etc.
  • Go on vacation
  • Take maternity, paternity, and sick leave
  • Go on strike
  • Purchase lottery tickets
  • Become inactive or unemployed if you are in the process of applying for a green card

How Much Does an H-1B Visa Cost?

Your employer pays for the H-1B petition. Costs vary based on the size of the company. The USCIS charges:

  • Employers with 1 to 25 full-time workers
    • $320 base fee
    • $750 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
    • $500 fraud fee
    • $1,000 optional premium processing fee.
    • Total cost ranges from $1,570 to $2,570
  • Employers with 26 or more full-time workers
    • $320 base fee
    • $1,500American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
    • $500 fraud fee
    • $1,000 optional premium processing fee
    • Total cost ranges from $2,320 to $3,320

There also may be applicable lawyer and legal fees.

How Do I Qualify for an H-1B Visa?

  • Distinguished fashion models of merit and ability qualify for an H-1B visa.
  • You must hold at least a bachelor's degree or equivalent experience for a specialty job H-1B visa. Equivalent experience requires theoretical and practical application of specialized knowledge.
  • Your employer must get a Labor Condition Application (LCA) from U.S. Department of Labor before filing for an H-1B visa.
  • If you currently hold an H-1B visa status, provisions of the American Competitiveness in the Twenty-First Century Act (AC21). allow you to change the H-1B to a different employer. This is known as a portability provision.
  • If you hold or have held an H-1B visa in the past, you are typically exempt from H-1B cap restrictions.

After filing for H-1B status, you will receive a Notice of Action, or Form I-797 from the USCIS.

How Do I Check the Status of My H-1B Visa?

The USCIS is the official governing body and processor of H-1B visas. If you have already applied for an H-1B visa, you can check the status of the application by checking with the USCIS website. The USCIS uses the H-1B Visa Status Tracking System to determine the status of your application.

To use the website, you need the 13-digit alphanumeric receipt number that you received when filing. This receipt number starts with WAC, EAC, SRC, or LIN, which signifies the service center where the application is being processed. If you do not have the receipt number, contact your employer or sponsor to get it. To check the status online:

  • Go to the USCIS Case Status Search.
  • Enter the 13-digit receipt number correctly without spaces. The number isn't case sensitive.
  • Click on Check Status.
  • Get the information and sign up for email notifications.

The USCIS maintains detailed record of processing times. For quicker status updates, applicants must also have:

  • Classification or basis for filing
  • The correct processing center
  • Petition and form type

For those who do not have internet access, the H-1B Visa Status Tracking System is also available by touch-tone phone or email:

  • WAC - California Service Center: 1-949-831-8427 or[emailprotected]
  • EAC - Vermont Service Center: 1-802-527-4913 or[emailprotected]
  • SRC - Texas Service Center: 1-214-381-1423 or[emailprotected]
  • LIN - Nebraska Service Center: 1-402-323-7830 or[emailprotected]
  • USCIS - National Service Center: 1-800-375-5283

These are all automated systems with no operator. It will give you the starting date of your application filing and the time frame for approval of your H-1B visa. You can check both immigrant and non-immigrant visa applications, visa transfers, and visa extensions.

You can also review the status of green card petitions and other classifications including:

  • Green card applications, or Form I-130
  • Form I-140
  • Form I-145
  • Advance Parole
  • EAD
  • Citizenship

Applications moved to the National Visa Service Center (NVC) may not be available for a status check.

Another way to check your H-1B status is the USCIS Electronic Immigration System or the USCIS e-Request Portal.

  • USCIS Electronic Immigration System
    • This system applies to forms including the I-90, I-131, I-140, I-159, I-765, I-821, and I-907
    • Aside from checking status, you can also update contact information and respond to a request for evidence.
  • USCIS e-Request Portal
    • This is a special request system that provides information on:
      • Cases outside normal processing times
      • Typographical errors
      • Failure to receive card or notice by mail
      • Change of address
      • Appointment accommodations

The H-1B Tracker System allows you to track H-1B status. You can also join forums to learn and share stories with other applicants.

Common Status Check Messages

  • Name Was Updated:Frequently, applicants may see "Name Was Updated" on their status. Though scary and misleading, this usually just shows a clerical error. It also means that the USCIS is processing your case.
  • Fee Will Be Refunded: This means your employer paid too much for the application. The amount is refunded to them after visa approval.

H-1B Visa Status Extensions

In some instances, H-1B status may be extended beyond six years when:

  • You get an approved I-140 petition

or

  • You are getting back time spent out of the U.S. over the six-year period

One-year extensions are also granted for any of these individual reasons:

  • It has been 365 days since the labor certification filing or an employment-based petition.
  • You reapply before the labor certification expires.
  • You submit an advanced filing. This means you apply for an H-1B extension after six years, but within 6 months of the new requested start date.

To obtain a three-year extension, you must meet one of the following requirements:

  • You must gain approval of an EB-1, EB-2, or EB-3 petition.
  • Current H-1B status is not required.
  • Advance filing, the same as the one-year extension

Required documents for an H-1B status extension include:

  • From the Employer:
    • A detailed job description.
    • Company brochure and marketing material.
    • Copy of the company's Articles of Incorporation.
    • Copy of job offer letter signed by petitioner and visa applicant. This should include salary and job title.
    • Copy of business plan, annual report, or financial statements.
  • From the Applicant:
    • Copies of all visas
    • Copy of I-94, given at time of entry to the U.S.
    • Copy of I-797 approval notice
    • Copy of university diplomas and transcripts
    • Copy of academic evaluation from foreign universities
    • Resume
    • Proof of employment including pay stubs or leave of absence letter

Frequently Asked Questions

  • Can my spouse and children live in the U.S. if I have H-1B status?

Yes, the spouse and unmarried minors of an H-1B visa holder can live in the U.S. They are authorized on an H4 status. This allows them to live in the U.S., but they cannot work while residing here.

  • Can I get H-1B status if I'm self-employed?

Typically, you cannot receive H-1B status as a self-employed worker. An employer must file a petition to the USCIS on your behalf.

  • Do I have to maintain a foreign residence?

Unlike other non-immigrant visas, H-1B status does not mandate a foreign address. This allows you to seek permanent residency in the U.S.

  • What if I have multiple employers?

If you will work for several people or companies, each will need to file a separate H-1B petition. A Form I-129 must also be approved by each employer. This includes both full-time work and part-time work. You can start working for a new employer as soon as the H-1B visa is filed for a new employer.

  • What if I hold another type of visa?

If you hold another visa, but wish to switch to H-1B status, you can do so if already in the U.S. If you're abroad, you must apply for an H-1B visa at your nearest embassy or consulate. This is only after the USCIS approves your employer's petition.

  • Can I file an H-1B for myself?

No. Only employers can file a petition for your H-1B visa.

  • Are there any restrictions?

H-1B status does not allow you to work as a freelancer, independent contractor, or as a self-employed person.

  • How quickly should I file?

In 2010, there were 65,000 H-1B visas available. These were filled within a few days. The USCIS uses a lottery system to select applications at random. That's why it's important to file at the start of the fiscal year.

  • What are the case statuses of an H-1B visa petition?
  • Case Was Received and a Receipt Notice Was Emailed
  • Case Was Received
  • Response to USCIS' Request for Evidence Was Received
  • Case Was Approved
  • Fees Will Be Refunded
  • Error: The application Receipt Number Is invalid
  • Request for Additional Evidence Notice Was mailed
  • Case Was Approved and My Decision Was Emailed
  • Decision Notice Mailed
  • Name Was Updated
  • What if I'm selected in the lottery?

Your attorney or employer will receive the case receipt number, sometimes just called a case number, for your H-1B petition. They'll share this with you so you can track it online at the USCIS website.

  • What are the processing steps of the H-1B visa?

To have an in-depth understanding of the H-1B processing steps, read the articles available at the USCIS adjudication center. However, understanding these processes may be more difficult as the USCIS has changed some of its methods. In the past, the USCIS used statuses like Acceptance, Decision, Post-Decision, and Initial Review. To get an idea of old and new, you may read old case statuses and flow.

  • What if my company merges or is sold?

Mergers and sales don't impact the H-1B status if you continue to do the same work. If your job title or work changes, you may have to file for a new H-1B visa.

  • What if my H-1B visa expires?

If your visa expires, you may be violating U.S. immigration law. However, you can work for up to 240 days following the visa expiration while awaiting a decision by the USCIS on an extension.

  • What if I have an H-1B amendment?

You can still file an H-1B extension even if you're waiting for approval on an H-1B amendment.

Securing H-1B visa status is a tricky matter for both the worker and the employer. Fortunately, the lawyers of UpCounsel can walk you through the steps to obtain lawful H-1B status in the U.S. If you need advice or consultation, post your legal need onthe UpCounsel forum to talk to qualified immigration lawyers.

H-1B Visa Status: Everything You Need to Know (2024)

FAQs

How to answer visa status question? ›

How should I answer the visa question? You should answer the question in an honest, direct, clear, concise and confident manner. If you are nervous or unsure, the employer will pick up on these signals and may not be able to stay focused on your skills and qualifications. Avoid excessive detail.

How to answer H-1B interview questions? ›

The qualification questions are about your education and previous work experience. Since the H1B visa is for people in specialty occupations, you must prove you have extensive skills. You can do so by explaining what your education was about, where you completed it, and whether you have certifications.

What is the 3 1 rule for H-1B? ›

The Three-For-One Rule

When making a determination whether a foreign national possesses the required academic credentials necessary for an H-1B occupation, the USCIS will consider three years of specialized training and/or work experience to be the equivalent of one year of college education.

What is an important criteria to get an H-1B work visa? ›

H-1B status is available to a person who has been offered a temporary professional position by a U.S. employer. A bachelor's degree or higher in a related area is the minimum educational level required for a position to qualify for H-1B status, and the H-1B employee must have this degree (or higher).

What do you write for visa status? ›

Mention the type of visa you hold (or are eligible to apply for), its expiration date, and any relevant work restrictions if applicable. In your Cover Letter, use a concise and positive tone to highlight your eligibility to work in the country.

How to answer the U.S. visa interview questions? ›

While answering the questions asked by the consular officer, the applicant needs to answer directly with confidence and also reassure his/her ties to the native country. The applicant needs to stress his/her intentions of coming back to the native country after the completion of the trip.

How to crack H1B visa interview? ›

B. The Day Of The H1B Visa Interview
  1. Make sure you have your Appointment Confirmation Notice and other documentation and arrive at the US Consulate at least 30 minutes prior to your appointment time.
  2. Dress sharply like professionals. ...
  3. Remember to be polite and greet the Consular Officer.

How to answer roles and responsibilities in H1B visa interview? ›

Applicants will have to explain their duties briefly. What projects is your sponsor company engaged in? Applicants will have to give a brief description of the projects that their sponsor company will engage in with examples, if need be. Please show us your tax related documents.

Can H1B visa interview get rejected? ›

The H-1B visa is a highly sought-after immigration path so as you can imagine a high percentage results in denials. There are a number of reasons a denial may be issued related to either the position, beneficiary or the petitioning employer.

Can I work more than 40 hours on H-1B? ›

While H-1B visa holders do have some restrictions imposed on them by U.S. immigration law—including not being allowed to work off-site—they are generally permitted to have more than one job as long as their total hours do not exceed 40 hours per week limit imposed by U.S. labor laws or any other limits specified by ...

What is the 240 rule for H-1B? ›

H-1B Continuing Employment with the Same Employer.

If you timely file a Form I-129 to extend their status, they are authorized to continue working for up to 240 days while USCIS processes the petition, or until USCIS makes a decision on your petition, whichever comes first.

What is the new H-1B visa rule? ›

H-1B Fee Changes

For H-1B petitions, Form I-129 will increase from $460 to $780. All H-1B petitions postmarked after April 1, 2024 will be charged the new, higher fee. NOTE: The H-1B registration fee will not increase until next year — the fee will jump significantly, from $10 to $215.

What is the minimum H-1B salary? ›

The general threshold for an H1B is an annual salary of $60,000. This minimum requirement applies regardless of your occupation, work location, and job level. However, the actual prevailing wage for your job position could be higher than this amount. In such cases, you are required to meet the higher wage requirement.

Is it very difficult to get H-1B visa? ›

The application process for an H-1B visa is complex and lengthy. There are legal requirements on the employee and employer sides. To begin the process, the applicant must first find a sponsor.

What jobs qualify for an H-1B visa? ›

Here is a list of some of the most commonly accepted occupations under the H-1B visa program:
  • IT Professionals.
  • Computer Scientists.
  • Systems Analysts/Business Technology Analysts.
  • Engineers.
  • University Professors/Teachers.
  • Secondary Education Teachers.
  • Healthcare Professionals.
  • Physicians.

What is an example of visa status? ›

An individual's immigration status is determined by their visa type. For example, an individual with a student visa would have the status of "student." An individual with a work visa would have the status of "worker." An individual with a green card would have the status of a “lawful permanent resident.”

What is your U.S. visa status? ›

Check the Status of Your Visa

You can check the status of your application any time at this website: https://ceac.state.gov/CEACStatTracker/Status.aspx. Please wait at least three business days following your visa interview to check on the status of your application.

What is meant by visa status? ›

The term “visa” refers only to the sticker you receive in your passport, whereas “status” refers to your formal immigration classification in the U.S. as indicated on one's I-94 record. It is possible to have multiple visas in one's passport, but an individual can only have one immigration status while in the U.S.

How to answer Where did you apply for your immigrant visa or adjustment of status? ›

Location where you applied for an immigrant visa or adjustment of status. List the location of the U.S. Embassy, U.S. Consulate, or USCIS office where you filed your application for an immigrant visa or adjustment of status.

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