H1B Visa - specialty Occupation
We guide U.S. employers and skilled foreign professionals through every stage of the H‑1B process — from eligibility assessment and LCA filing to petition strategy, compliance, and timely submission — ensuring each case meets both business needs and regulatory requirements.
Can I work for multiple employers on H-1B?
Yes, but each employer must file a separate H-1B petition (called “concurrent H-1B employment”).
What happens if I’m laid off or quit?
You have a 60-day grace period (or until your I-94 expires, whichever is shorter) to:
- Find a new H-1B employer and file a transfer
- Change to another visa status
- Leave the U.S.
Can I travel internationally on H-1B?
Yes, but you need:
- A valid H-1B visa stamp in your passport (unless using Automatic Revalidation)
- Valid I-797 approval notice
- Recent employment verification letter
Is premium processing available for H-1B?
Yes. USCIS offers premium processing for a fee, promising adjudication within 15 calendar days for H-1B petitions.
Can I start working after H-1B approval?
You may begin H-1B employment once:
- The petition is approved, and
- The start date listed on the petition has arrived
If you’re changing status in the U.S., you can work once approval and start date align. If you’re abroad, you must obtain a visa stamp and enter the U.S. before starting.
Can I study while on H-1B?
Yes. You can take classes part-time or full-time as long as:
- You continue to maintain H-1B employment
- Your primary purpose in the U.S. remains work-related
What happens after 6 years on H-1B?
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You must leave the U.S. for at least 1 year before starting a new H-1B, unless:
- You have a pending or approved I-140, or
- You qualify for H-1B time extensions under AC21 rules
What is the cap-gap rule for F-1 students?
The cap-gap rule allows F-1 students with OPT to remain in the U.S. and continue working:
- If their H-1B petition is filed before OPT expires
- And starts on October 1st of the same year
What is the Public Access File (PAF)?
- The LCA was properly filed
- Required wage information
- Notice of filing given to U.S. workers
This file must be made available to the public upon request.
Can H-1B be denied after lottery selection?
Yes. Selection in the lottery only allows the chance to apply. USCIS can still deny the actual petition due to:
- Lack of specialty occupation
- Employer issues
- Degree not matching the job
- Inadequate documentation
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What is the H-1B visa?
The H-1B visa is a nonimmigrant visa that allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring:
- Theoretical and practical application of specialized knowledge
- At least a bachelor’s degree or equivalent in a specific field
Who is eligible for an H-1B visa?
A foreign national must:
- Hold a U.S. bachelor's degree or higher (or equivalent)
- Be offered a job in a specialty occupation (e.g., IT, engineering, finance, healthcare)
- The employer must petition for the worker
What is a specialty occupation?
A specialty occupation typically requires:
- A bachelor's degree or higher in a specific field
- Common roles: software engineer, architect, accountant, scientist, analyst, etc.
How long is an H-1B visa valid?
- Initial duration: Up to 3 years
- Extensions: Up to 6 years total
- Some extensions beyond 6 years are allowed for those pursuing green cards (PERM/I-140)
Is there a cap on H-1B visas?
Yes. The annual cap is:
- 65,000 regular H-1B visas
- 20,000 additional visas for those with a U.S. master’s degree or higher
- Certain employers (e.g., universities, research institutions) are cap-exempt
What is the H-1B lottery?
Due to high demand, USCIS runs an electronic random selection process (“lottery”) each year:
- Employers register candidates during a short March registration period
- Selected registrants may then file full petitions
Can the H-1B visa lead to a green card?
Yes. The H-1B is “dual intent”, allowing visa holders to pursue permanent residency (green card) while in the U.S.
Can I change employers on H-1B?
Yes. You must file an H-1B transfer petition with the new employer. You can start working as soon as USCIS receives the new petition.
Can H-1B holders bring family?
Yes. Spouses and children (under 21) may apply for H-4 visas.
Spouses on H-4 may work only if the H-1B worker has:
- An approved I-140 (employment-based green card step), or
- Is on extended H-1B time beyond 6 years under AC21
What are the employer’s obligations?
An H-1B employer must:
- Pay the prevailing wage for the role and location
- File a Labor Condition Application (LCA) with the Department of Labor
- Maintain a public access file
- Cover certain government filing fees (not passed to the employee)
Investors in these categories may benefit from reserved visa set-asides and faster adjudication.
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