Additional considerations for H-1B visas

• To hire an H-1B worker, the prospective employer must file an approved Labor Condition Application with the Petition for a Nonimmigrant Worker.
• An H-1B nonimmigrant may be admitted to work in the U.S. for a period of up to three years.
• H-1B workers may begin working for a new employer as soon as the new employer files an H-1B petition under certain conditions.

Employer responsibilities

In order to hire an H-1B worker, the prospective employer must file an approved Form ETA-9035, Labor Condition Application (LCA), with the Form I-129, Petition for a Nonimmigrant Worker.

When employment ends for an H-1B worker, regulations require the employer to notify the U.S. Citizenship and Immigration Services (USCIS) immediately. Employers may complete this requirement by sending a letter explaining the change in employment or termination to the USCIS office that approved the petition.

Prospective petitioners submitting their own registrations (U.S. employers and U.S. agents, collectively known as “registrants”) will use a “registrant” account. Representatives may add clients to their accounts at any time, but both representatives and registrants must wait until March 9 to enter beneficiary information and submit a fee.

Prospective petitioners or their representatives can submit registrations for multiple beneficiaries in a single online session. Through the account, they will be able to prepare, edit, and store draft registrations prior to final payment and submission of each registration.

If the USCIS receives enough registrations by March 25, they will randomly select registrations and send selection notifications via users’ myUSCIS online accounts. Account holders should be notified by March 31.

Length of stay

An H-1B nonimmigrant may be admitted to work in the U.S. for a period of up to three years. That time period may be extended, but generally cannot go beyond a total of six years. Some exceptions do apply.

H-1B cap

The H-1B visa has an annual numerical limit “cap” of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. Exemptions who are not subject to this numerical cap include H1-B workers petitioned for or employed at:

• An institution of higher education or its affiliated/related nonprofit entity,
• A nonprofit research organization, or
• A government research center.

Family of H-1B visa holders

The spouse and unmarried children (under 21 years of age) of an H-1B visa holder may seek admission in the H-4 nonimmigrant classification. However, family members in the H-4 nonimmigrant classification may not engage in employment in the U.S.

Change of employer

Under the American Competitiveness in the 21st Century Act (AC21), H-1B workers may begin working for a new employer as soon as the new employer files an H-1B petition. To be eligible for H-1B portability, the following conditions must be met:

• The worker must have been lawfully admitted into the U.S. on an H-1B visa,
• The new employer must have filed a non-frivolous petition for employment before the end of the H-1B worker’s authorized period of stay,
• The worker must not have accepted any unauthorized employment before the filing of the new H-1B petition, and
• The worker’s visa must be in unexpired status when the new H-1B petition is filed.