Limitations and Restrictions for H1B Visa Application

A holder of an H-1B visa may remain in the United States for a maximum period of six years and then must leave for at least one year. An exception would be an individual working on a Defense Department project. These workers can apply for a one year extension.

H-1B visitors must be working under H-1B visa sponsorship of approved employers. The alien must only work for the approved employer. That employer may place the employee under another employer if the proper Department of Labor rules are followed. A Form I-129 must be filed for each employer for whom the visitor works. As long as the visitor continues to do an approved H-1B job for an employer they may keep their status. This would include permission if there were a merger or sale of the employer's business. If, however, the employee is asked to do a job that is not the specialty occupation for which they were hired, they can lose their H-1B status.

The employee can take vacation, sick leave, maternity/paternity leave, and other approved leaves as long as they maintain their employment status. The employee may also work part-time without affecting his or her H-1B status. An H-1B visa allows the visitor to leave and to reenter the US as long as their visa is valid.

Immigration of H-1B Visa Holder

An individual who intends to eventually seek permanent immigration status can still get an H-1B visa under the "dual intent" provision of the 1990 Immigration Act. Until immigration is approved, the visitor is under the limitations and restrictions of the H-1B visa only.

If holders of the h-1B visa are interested in permanent immigration status they should begin the process as soon as possible since acquiring a green card is a lengthy and often complicated procedure. In that event the services of an immigration attorney are strongly recommended. The immigration laws have become more complex and subject to greater scrutiny after the events of September 11, 2001. Increased security to combat terrorism will be with us for many years to come and will continue to complicate the immigration process. Consequently, this is no longer a "do it yourself" procedure.

If you are considering applying for an H-1B visa, be sure you carefully fill out your H1B visa application. Timeliness and accuracy are crucial when applying for this type of entry permit. Consider hiring an H-1B visa attorney. If handled correctly, an H-1B visa can be the first step to permanent immigration to the US.