The H-1B visa is a frequently used method in the United States for foreign professionals in specialty occupations to obtain permission to work. This article can assist you in determining the duration of an H-1B visa or applying for one.
How Many Years Is H-1B Visa Valid in USA?
The H-1B visa may be extended after the initial three years have elapsed. Typically, we grant extensions in stages, with each successive extension extending the original term by three (3) years. Consequently, an individual who possesses an H-1B visa is permitted to remain in the United States for a maximum of six years.
Check Also: 5 Years Schengen Visa – How To Get
Understanding The H-1B Visa
The H-1B visa is a non-immigrant work visa in the United States that enables corporations to employ foreign workers for specific positions. Specialist positions require expertise in IT, engineering, math, the physical sciences, the social sciences, biotechnology, medicine and health, education, law, accounting, business, and biotechnology.
Initial Duration Of The H-1B Visa
After obtaining an H-1B visa, an individual can remain and perform in the United States for three years. The goal of this time frame is to allow both the employee and the employer to assess their current needs and determine whether the work relationship is mutually beneficial.
Special Cases For Further Extensions
It is feasible to extend an H-1B visa beyond the six-year limit. This is typically the case when an H-1B visa holder initiates the procedure of obtaining permanent status (green card). If an individual has an accepted I-140 immigrant petition or has been waiting for a year or more to receive their employment-based Green Card due to system backlogs, they may extend their stay by one year. This is a result of the 21st Century American Competitiveness Act (AC21).
Summary Of H-1B Visa Duration
The H-1B visa is valid for a maximum of six years. This period includes a three-year tenure, with the possibility of an additional three-year extension. Occasionally, we may grant additional time to individuals attempting to obtain a Green Card.
Basic Rules for Extensions and Amendments to the H-1B
Amendments:
- Filing Timing: The amendment petition must be submitted to USCIS before any significant modifications to your employment terms, including your job location, responsibilities, or employer.
- Effective Date: The modifications should not be implemented until the amendment petition has been approved by USCIS. The modifications should not be implemented until the amendment case is approved by USCIS. This implies that the implementation of the new regulations should not commence until USCIS has verified that the case for change has been received.
Extensions:
- Filing Timing: Before the expiration of the present H-1B petition, submit the extension petition to USCIS. It is crucial to ensure that there are no employment vacancies.
- Advance Filing: You have the option to request an extension up to six months before the expiration of the current H-1B petition or the date on which you wish the extension to commence.
How Long Can an H-1B Worker’s Children Stay in the United States?
Although a partner may petition for an H-4 visa at any time, the children of an individual with an H-1B visa must be under 21 years of age and not yet married to remain eligible for one. Unfortunately, they are unable to alter their age. This implies that their status may expire before that of their parents, unless one parent obtains green cards for the family before the other or the child transitions to a different status, such as an F-1 student.
To reiterate, you must verify the H-4 status of the family each time the H-1B worker’s employer renews the H-1B petition and status. The employer has the option to submit a separate application for H-4 status in conjunction with the H-1B petition.
Key Takeaways:
- Initial Period: 3 years.
- Extension Period: Up to 3 additional years.
- Total Maximum Duration: 6 years.
- Special Extensions: Possible beyond six years for Green Card applicants.
Conclusion:
In general, the H-1B visa enables foreign laborers to work in the United States for three years and remain for an additional three years. The H-1B visa is valid for a maximum of six years, except for individuals who are pursuing permanent residency.
Frequently Asked Questions:
How many years can we stay in the US on an H-1B visa?
An H-1B visa classification typically lasts three years initially, with a maximum extension of six years.
How many years is H-1B valid?
The H-1B is a specialty occupation work authorization visa with a cumulative maximum duration of 6 years. The initial period of stay for those in H-1B status is three (3) years, with extensions available for up to three (3) years thereafter.
What happens after six years of holding an H-1B visa?
Once H1B holders reach that six-year maximum, they must leave the U.S. and remain outside for at least one year before being eligible for a new six years of H1B. Furthermore, to return to the U.S. in H1B status, they have to go through the H1B Cap again by surviving the H1B lottery.
