Is there an overtime limit under the H-1B?

There is no rule within the H-1B itself that sets a cap on overtime hours. The visa governs your employment in a specialty occupation and does not impose a specific limit on hours beyond a standard workday.

What governs your working conditions is the Labor Condition Application (LCA), the document the employer submits to the U.S. Department of Labor. It ensures that the wage paid does not fall below the prevailing wage for the position, which may include overtime compensation as required by applicable law.

In addition, even without a cap in the visa itself, the labor laws of the state or city where you work apply. Many jurisdictions have their own rules on working hours and overtime pay, and both the employer and the worker are required to comply with them.

• The H-1B itself does not define an overtime cap.
• Wage conditions follow what is stated in the LCA.
• Local labor laws may regulate working hours and overtime.

Because labor rules vary by location, it is worth confirming the conditions that apply to your situation and, when in doubt, consulting the official source (USCIS) or a qualified specialist.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.