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Frequently asked questions
Straight answers to the most common questions about the H-1B visa.
The cancellation of the B1/B2 visa upon obtaining the H-1B is common due to the change in the purpose of stay; follow the laws and consult reliable sources to avoid risks.
Read full answer →Fulfilling obligations, communicating changes, and seeking reliable information are essential to avoid H-1B visa violations and maintain legal status in the U.S.
Read full answer →It is possible to obtain the H-1B visa without the lottery through employment at institutions exempt from the annual cap, always observing legal procedures and seeking specialized guidance.
Read full answer →Volunteering on a J-1 visa does not prevent obtaining an H-1B, but specific requirements must be met, such as academic qualifications and any J-1 conditions, as well as following strict rules.
Read full answer →The part-time H-1B visa is possible for 15 hours per week, provided the petition adequately reflects the legal conditions and the process strictly follows USCIS rules.
Read full answer →If approved for H-1B, the cap gap allows you to extend your work authorization in the U.S. until October, after OPT ends in July, provided all legal requirements are met.
Read full answer →It is possible to combine a scholarship and an H-1B visa, provided that all the rules of each program and U.S. immigration law are followed.
Read full answer →The H-1B visa does not fall under the 'Buy American, Hire American' policy; it is intended to hire foreign specialists for areas with shortages of local professionals in the U.S.
Read full answer →The H-1B visa is valid throughout the U.S. territory, including Hawaii and Alaska, as long as immigration laws and conditions are strictly followed.
Read full answer →Being under investigation for fraud on the H-1B requires caution when traveling internationally, as there may be questioning and delays upon reentry to the U.S.
Read full answer →The H-1B cap generally runs out annually due to high demand and a fixed limit, making it essential to follow legal processes and seek reliable guidance.
Read full answer →The interview is not routine at USCIS for the H-1B, but it may be necessary at the consular stage depending on the case. Always follow immigration laws and seek specialized guidance.
Read full answer →Delays in starting work can complicate the H-1B visa; communicating changes and following rules is essential to maintain the visa''s validity and avoid problems.
Read full answer →The H-1B visa can be extended beyond six years in cases related to the green card process, provided that current immigration laws and regulations are observed.
Read full answer →The H-1B visa requires active employment with a sponsor; without work and a new sponsor within up to 60 days, the status may be lost, requiring attention to rules and specialized consultation.
Read full answer →The H-1B visa does not use the SEVIS system; therefore, it does not have a SEVIS ID. This is exclusive to student or exchange visas, such as F-1 or J-1.
Read full answer →Modifying the H-1B visa to another internal category is possible, provided the requirements are met and USCIS regulations are followed in each specific case.
Read full answer →The denial of the PERM generally prevents the extension of the H-1B in the 7th year, unless there is a pending process according to current legislation and specific case analysis.
Read full answer →The H-1B visa requires a specialty occupation and a higher education degree; most nurses do not qualify, except those with advanced qualifications and specific roles.
Read full answer →The H-1B visa allows part-time employment, provided all legal requirements are met and immigration rules are strictly followed.
Read full answer →Time spent outside the US can be ''recaptured'' to extend the H-1B visa, without an annual quota, with legal guidance essential for process security.
Read full answer →A 2-year degree may be insufficient for the H-1B, but verified professional experience can make up the difference, provided immigration rules and individual analyses are respected.
Read full answer →The H-1B authorization does not guarantee vehicle entry into the USA; importation depends on U.S. customs and environmental regulations, requiring attention to rules and documentation.
Read full answer →The H-1B and O-1 visas are for qualified professionals but have distinct requirements, making official information essential for appropriate choice.
Read full answer →The H-1B visa allows unlimited employer changes, provided each new petition is approved by USCIS and follows all necessary legal requirements.
Read full answer →The H-1B visa requires a clear employment relationship and compatible salary payment, even for partners; not receiving a salary can hinder approval.
Read full answer →Volunteer activities at churches are generally allowed for H-1B visa holders, provided they do not interfere with paid work and comply with immigration laws.
Read full answer →When renewing the H-1B visa, it is generally not necessary to redo medical exams, except in specific situations; it is recommended to follow official regulations and stay informed.
Read full answer →Traveling to Canada with an expired H-1B visa and a valid I-797 is possible under specific automatic revalidation conditions; otherwise, a new visa will be required.
Read full answer →H-1B portability allows an H-1B visa holder to start a new job as soon as the transfer petition is filed, ensuring agility and security in the transition between employers.
Read full answer →The H-1B visa does not guarantee access to WIC, a nutritional program for permanent residents or American citizens in food vulnerable situations.
Read full answer →The H-1B visa does not automatically replace L2 or E2 statuses; the change requires a new process, a job offer, and compliance with specific requirements under U.S. immigration laws.
Read full answer →The H-1B visa offers qualified professionals the chance to legally work in the U.S., advance their careers, and gain international experience while respecting legal requirements.
Read full answer →The H-1B visa does not cover internships, as it is intended for professionals in specialized occupations with higher education; internships are generally handled through other visas such as the J-1.
Read full answer →The H-1B visa allows work in the U.S., but does not guarantee life insurance; benefits depend on the hiring company''s policy.
Read full answer →Internships may be permitted before the H-1B depending on your immigration status; it is crucial to follow the laws and seek specialized guidance to avoid complications.
Read full answer →Regularizing overstay with an H-1B visa is complex and depends on careful legal analysis, as irregular stay can cause ineligibilities and require specific waivers.
Read full answer →Learn about the main fees of the H-1B visa, essential for companies hiring specialized professionals in the US, and the importance of following legal regulations.
Read full answer →The H-1B visa is not exclusive to technology; it covers various areas that require specialization and demands strict compliance with the law to avoid issues during the process.
Read full answer →The H-1B visa does not allow enlistment in the US Army, as citizenship or a green card is required; always consult official sources for updated information and to avoid risks.
Read full answer →It is possible to be a minority partner and maintain H-1B employment, provided the employer-employee relationship is clear and the involvement does not interfere with the visa conditions.
Read full answer →Having an H-1B visa allows you to work in the USA and build a financial history, but credit depends on your profile, stability, and compliance with local regulations.
Read full answer →The H-1B visa is valid throughout the U.S. territory, including the District of Columbia, provided that the holder complies with legal regulations and has employer sponsorship.
Read full answer →The H-1B visa is not suitable for professional athletes, who should seek specific visas such as the P-1 or O-1, designed for their qualifications and achievements.
Read full answer →The H-1B visa allows obtaining an SSN and, depending on the company, accessing benefits similar to American employees, respecting applicable laws.
Read full answer →There is no rigid deadline to enter the US after H-1B approval, but it is vital to respect the visa validity dates and plan your arrival near the start of your work authorization.
Read full answer →Extending your H-1B status while your green card is in process is possible, provided legal requirements are met and proper guidance is sought.
Read full answer →An American driver''s license is not required for the H-1B visa, which is based on professional qualifications and a specialized job offer.
Read full answer →Cap-exempt employers can initiate H-1B petitions at any time, but it is essential to strictly follow immigration rules and seek specialized guidance.
Read full answer →The H-1B visa undergoes rigorous security screenings, like other visas, to ensure process integrity and the national security of the U.S.
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