1. Permission to work in the U.S.

The H-1B visa allows specialty occupation workers to enter the United States and work in a professional capacity for a maximum period of six years.

2. Multiple year duration

The H-1B status is initially issued for a maximum period of three years and may be renewed for an additional period of three years. Generally speaking, the maximum duration of stay permitted in the United States for an H-1B (or H-4) holder is a cumulative six years.

H-1B status holders can extend their stay beyond the six-year limit in the following situations:

·         the immigrant petition Form I-140 have been filed and its priority date is at least 365 days prior; or

·         an employment-based Immigrant Visa Petition approved (Form I-140 for EB1, EB2 or EB3; I-360 for EB4; I-526 for EB5) and the I-485 application is still pending.

3. Dual intent/opportunity to petition for future permanent residence

Immigration laws and USCIS (Bureau of Citizenship and Immigration Services) regulations allow the H-1B holder to have "dual intent" with respect to his or her intent to immigrate to the United States. Therefore, an individual seeking the temporary right to work in the U.S. with an H-1B visa may also petition for permanent U.S. residence in the future. One does not preclude the other.    

This means that H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

4. Ability to change employers during H-1B status

Employers and location of employment may be changed during the six-year H-1B status duration, as soon as the new employer files a new H-1B petition on behalf of the individual, who is in lawful H-1B status at the time of filing, and has not engaged in any unauthorized employment since his or her last lawful admission.    

5. Ability to change employers during the green card application process

An alien may change employers and it will not affect his adjustment of status provided he/she has filed an I-485 for at least 180 days and continues to work in the same or similar position for the new employer.

6. Other benefits

• Earnings: The specialty occupation worker is allowed to receive an income from the employer.

• No need to maintain a foreign residence: With the H-1B visa, there is no need to maintain a foreign residence, as is the case with many temporary visas.

• Spouses & children welcome: Spouses and children under twenty-one years of age may be entitled to enter and remain in the United States for the duration of the H-1B/H-4 status holder's authorized duration of stay.

• Dependents permitted to attend school/college: An H-1B visa holder's spouse and children under twenty-one years of age are permitted to attend school based on their H-4 status either on a part-time or full-time basis.

• H-1B visa holder permitted to attend school/college: An H-1B visa holder may be enrolled part-time in an educational program or higher learning institution without having to obtain an F-1 student visa.

• Multiple employers: An H-1B holder may have more than one employer as long as the USCIS approves an H-1B petition for each employer.

 

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