What is an H1B Visa?

An H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge.

An H1B visa is a non-immigrant visa that allows U.S. companies to employ foreign workers in specialty occupations that require specialized knowledge. Here are answers to some of the most frequently asked questions about the H1B visa.

To qualify for an H1B visa, candidates typically need a bachelor’s degree or equivalent work experience in a field related to their job. This visa is designed for specialty occupations, so it generally requires a degree in areas like IT, engineering, finance, or healthcare. Employers must demonstrate that the role requires a specialized skill set and that the foreign worker has the necessary expertise.

The U.S. Citizenship and Immigration Services (USCIS) has an annual cap on H1B visas, limiting the number to 65,000 regular visas, with an additional 20,000 visas reserved for individuals holding advanced degrees from U.S. institutions. If applications exceed the cap, USCIS conducts a lottery to select applicants. This cap does not apply to certain H1B petitions, such as those filed by institutions of higher education or nonprofit organizations, which are known as cap-exempt organizations.

An H1B visa is initially valid for up to three years, with the possibility of extension for a maximum of six years. In some cases, further extensions may be possible if the individual is in the process of applying for permanent residency (green card). Extensions beyond six years require specific conditions and employer sponsorship for employment-based green card applications.

Yes, H1B visa holders can change employers through a process called H1B visa transfer. The new employer must file a petition with USCIS, allowing the worker to begin employment under the new company once the transfer petition is approved. However, if there are delays in processing or errors, it could impact the worker's status, which is why many companies work with global recruitment services or an employer of record (EOR) to ensure compliance with U.S. immigration laws.

The costs for an H1B visa application can be high, covering various fees like the application fee, anti-fraud fee, and optional premium processing fee for faster processing. Employers typically bear these costs since U.S. law prohibits requiring the employee to pay them. Employers also often collaborate with contractor management providers to ensure proper handling of visa-related fees and legalities.

Yes, spouses and children (under 21) of H1B visa holders can join them in the U.S. on H4 dependent visas. While H4 visa holders are allowed to live and study in the U.S., they generally cannot work unless they meet specific eligibility criteria. The H4 visa category has received attention in recent years due to discussions around expanding employment rights for spouses of H1B holders, especially those in the U.S. for extended periods.

If an H1B visa holder is terminated, they generally have a 60-day grace period to find new employment, transfer their H1B status, or leave the U.S. During this period, an H1B visa holder can apply for a change of employer. Working with global recruitment services may expedite the search for a new sponsor. Alternatively, some individuals use this time to explore H1B visa alternatives, such as O-1 or L-1 visas, which may suit their skills or company structure better.

The H1B visa is one of the most common work visas, but it is not the only option. Alternatives include the O-1 visa for individuals with extraordinary ability, the L-1 visa for intra-company transferees, and the TN visa for Canadian and Mexican citizens. For companies hiring globally, utilizing an employer of record service can help support visa alternatives and streamline international hiring across borders. For more options, visit our resource on H1B visa alternatives.

The H1B visa process requires visa sponsorship, meaning the employer must petition for the foreign worker and demonstrate a need for their specialized skills. This sponsorship includes meeting requirements like paying the prevailing wage for the position. For a deeper dive into the concept, see visa sponsorship for employment.

Yes, Safeguard Global’s global recruitment services and employer of record services help companies navigate the complexities of hiring international employees, including compliance, visa sponsorship, and contractor management. Our solutions support the visa application process, manage global HR needs, and enable companies to hire talent quickly, without the need for setting up a local entity.