The H-1B visa is a non-immigrant work visa with dual intent, often pursued by graduates as a pathway to work in the U.S. This article outlines key details such as visa quotas, duration, and other essential information.
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Employment-Based Visa: The H-1B visa is a non-immigrant visa for individuals working in specialized occupations in the United States. It is one of the primary work visa categories in the U.S. To obtain an H-1B visa, the applicant must be sponsored by an employer, and the petition must be approved by United States Citizenship and Immigration Services (USCIS).
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Quota Limit: Each year, there is a cap of 65,000 H-1B visas, with an additional 20,000 visas available for applicants holding a master’s degree or higher from U.S. higher education institutions. The annual cap each year is 85,000. Moreover, employees of certain non-profit institutions can apply for a cap-exempt H-1B visa, which is not subject to the annual quota.
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Duration: H-1B visa holders can work in the U.S. for an initial period of 3 years, which can be extended for an additional 3 years. After 6 years, you may extend your stay on a yearly basis under special circumstances. After your H-1B visa expires, you can change your status within the U.S. to L-1, O-1, or F-1 to continue staying in the country.
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H-1B Status vs. H-1B Visa: It is important to differentiate between H-1B status and H-1B visa. H-1B status refers to the legal status to work in the U.S., while the H-1B visa allows the holder to enter the U.S. legally. Once selected in the H-1B lottery and the petition is approved, the applicant gains H-1B status. If they plan to leave and re-enter the U.S., they must apply for an H-1B visa abroad separately. This explains why some individuals, after being selected and approved for H-1B, can continue working in the U.S. without obtaining the visa. If you do not plan to travel internationally, then not having an H-1B visa in your passport is not an issue.
- Dual Intent: Unlike the F-1 visa, the H-1B visa allows dual intent, which means holders can have both immigrant intent and non-immigrant intent. Therefore, H-1B holders do not need to prove to the visa officer that they have no intention to stay in the U.S. permanently. Additionally, filing Form I-140 will not affect one's eligibility to apply for an H-1B visa or enter the U.S. on H-1B visa.
What is the "90-Day Rule"?
The "90-Day Rule" applies to non-immigrant visa holders, requiring them to engage in activities consistent with their visa purpose within the first 90 days after entering the U.S. For example, F-1 visa holders are not allowed to show immigration intent. If someone enters the U.S. on an F-1 visa and applies for a green card within 90 days, it may be viewed as misrepresentation of their original intent during the visa application.
In contrast, H-1B visa holders are allowed to have dual intent, so they are not subject to the 90-day rule.