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Requirements & Restrictions for H1-B Visa – US Immigration

computer code H1-B visa

The H1-B Visa is commonly known as the “work visa” to most foreigners around the world. It’s a non-immigration visa used by companies to recruit in-demand talent from outside the United States and allow them to live in the USA while working for a company in the USA.

Requirements for the H1-B Visa

Getting an H1-B Visa is as simple as meeting these requirements:

  1. Do you have a talent or skill that is in short supply?
  2. Is your occupation considered “specialty”?
  3. Does your occupation fall into any of these categories?
    1. Science
    2. Technology
    3. Engineering
    4. Arts
    5. Mathematics
  4. Do you at least have a bachelor’s degree or equivalent?
  5. Is there a company that is willing to “sponsor” you?

Restrictions with an H1-B Visa

  • You are restricted to maintain employment with you sponsoring employer.
  • Your H1-B Visa is employer specific. If you want to work for someone else, they must petition for an H1-B Visa.
  • Your spouse and children are not permitted to work in the United States.
  • You are not automatically converted to a permanent resident. If you want a Green Card, that’s an entirely different application and process, and carries entirely different restrictions.
  • Employment at Will: you or your employer may terminate your employment and thus revoke legitimate immigration status at any time.
  • You cannot extend your H1-B Visa for longer than 6 years.
  • You must live outside the U.S. for at least 1 year to become eligible for another 6-year H1-B Visa.