h1 visa travel

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Office of the General Counsel

• International Employees

Travel on the H-1B

When traveling on the h-1b visa, you will require the following documentation to reenter the u.s.:  .

• Valid passport with at least 6 months of validity at the time of admission to the U.S.
• Valid H-1B visa stamp in your passport, obtained from a U.S. Consulate abroad.
• Original H-1B approval notice (I-797) from UConn.
• Current letter from your hiring department verifying continued employment. a. Should be less than 6 months old. b. Your H-1B petition supporting letter will suffice if less than 6 months old. c. Or, obtain an employment verification letter from your department.
• Copy of the H-1B petition materials given to you by OGC (LCA, I-129 and supporting letter).
• Several recent paystubs as evidence of continued employment with UConn (not necessary for initial employment with UConn).
• For H-4 dependents, proof of the relationship to H-1B principle beneficiary (marriage certificate; birth certificate).

Continued validity of H visas after employer change

If you have changed employers since first entering the U.S. in H-1B status and have a valid, unexpired H-1B visa annotated for the previous employer, you may reenter the U.S. using that visa, presenting the valid UConn H-1B approval notice and the UConn H-1B petition materials upon reentry to the U.S.

Travel Abroad Exception with an Expired H-1B visa stamp

An H-1B holder who has current H-1B classification (either initial or extension) may reenter the U.S. with an expired H-1B visa stamp after a trip solely to Canada or Mexico (not to U.S. territories/ the islands in the Caribbean) that lasted no more than 30 days (22 C.F.R. § 41.112(d)).

In such circumstances, you must NOT surrender your current I-94 upon departure from the U.S.

► We recommended that you make an advisory appointment with Immigration Services before trying this – current practices may change.

Office of International Students & Scholars

Traveling in h-1b status, h-1b travel document checklist.

• Valid I-797 Approval Notice for Yale University
• Copy of all supporting documents issued to you in OISS Connect including the Beneficiary Copy of your petition (forms including the I-129 and the Labor Condition application, along with Support Letter and other petition documents)
• Copy of paystubs from Yale for the most recent three months
• If you were subject to the J-1/J-2 two-year home-residency requirement prior to obtaining H-1B, bring a copy of your Form I-612 Waiver Approval issued by USCIS.

International travel with H-1B status can be complicated. Below are some basic guidelines with which you should be familiar. However, it is recommended that you check with your adviser before you travel if you have any questions about your situation.

Please refer to the  Arriving in the U.S.: Immigration Inspection  page for a full list of all documents.

All international scholars/employees and family members planning to depart from the U.S. and return after a temporary absence must have a valid passport in order to exit the U.S. The passport must also be valid for a minimum of six months into the future at the time of re-entry to the U.S. Some countries have an agreement with the U.S. that automatically extends passport validity for 6 months , for U.S. entry purposes only. Please make sure to review the information in the Passport Expiration section below.

Except for Canadian citizens, all international scholars/employees and family members will also need to have a valid H-1B/H-4 visa stamp in their passport issued by a U.S. embassy or consulate abroad. Visa stamps cannot be obtained or renewed inside the U.S.

The only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . The Department of State indicated that they plan to expand this program in the future and we will update our website as more information becomes available.

I-94 Record

H status holders are given a specific departure date on the I-94 and must depart the U.S. by this date. It is critical that you know and check this date upon every entry to the U.S. Check also an ink entry stamp with an annotation (the visa type and validity date) given in your passport upon entry. If the visa type and/or validity date do not match your H-1B approval notice, you must speak with your OISS adviser . Please also see the Passport Expiration and I-94 Validity sections below.

General Guidance for Traveling and Re-entering the U.S.

H-1B Travel Considerations

Change to h-1b status.

Scholars/employees are advised to not travel outside the U.S. during a pending change of status H-1B petition (e.g., those who are changing from an F-1/J-1/Other to H-1B), as international travel will complicate your work authorization eligibility/immigration status. If you have an unavoidable reason that requires you to leave the U.S., please consult with your OISS adviser before making your travel plans.

Extension of H-1B Status

If you must travel outside the U.S. during the H-1B extension process, you should speak to your OISS adviser as soon as possible before making your travel plans. Because your travel plans may affect your H-1B extension processing timing, you must coordinate closely with your OISS adviser.

• If you plan to return to the U.S. before the expiration of your current approved H-1B status and with a valid H-1B visa stamp, there may not be any difficulty.
• However, depending on when the H-1B extension petition is submitted to USCIS, your international travel plans may complicate your H-1B status; therefore it is highly recommended to travel with the extension approval. This may require premium processing .
• If you travel after the H-1B extension petition is approved but will return before the current H-1B petition expiration date, it is advisable to travel with both the current and new approval notices. If your H-1B visa stamp is valid on your reentry date, you may use it for admission.
• If you plan to leave the U.S. while the extension petition is still pending and your current H-1B status is expired, you cannot return to the U.S. until the extension petition is approved. The approval notice must be sent to you abroad. You also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the new H-1B extension approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page . 

Changing H-1B Employer to Yale

If you have any plans to travel outside the U.S. during the portable H-1B (changing employer) process, you should speak to your  OISS adviser  as soon as possible.

• If you plan to return to the U.S. before the expiration of your current approved H-1B petition with an old employer and with a valid H-1B visa stamp, there may not be any difficulty. However, if your return date to the U.S. is after your start date with Yale, you may have difficulty at a port of entry.
• Depending on when the portable petition is submitted to USCIS, your international travel plan may complicate your H-1B status with Yale; therefore it is highly recommended to travel with the portable H-1B approval. This may require premium processing .
• If you travel after the portable petition is approved and after your start date at Yale, you must travel with the new approval notice for the Yale appointment. If your H-1B visa stamp is valid on your reentry date, you may use it for admission, even if the visa stamp may have your old employer's name on it; however, make sure to present your Yale H-1B approval notice upon entry to obtain the correct H-1B status validity on your I-94. Check your I-94 validity and an ink entry stamp given in your passport as soon as possible upon your entry.
• If you plan to leave the U.S. while the portable petition is still pending and your current H-1B petition with the old employer is expired, you cannot return to the U.S. until the portable petition is approved. The approval notice must be sent to you abroad. You will also have to apply for a new H-1B visa stamp with a consulate or embassy before you can return to the U.S.
• After you have received the portable H-1B approval notice, you may travel outside the U.S. once again. However, while outside the U.S., you will have to obtain a new H-1B visa stamp at a U.S. embassy or consulate. It is normally not possible to obtain visa stamps inside the U.S. and the only exception to this is the limited pilot program that the Department of State is running for the renewal of  certain H-1B visas .  You can find more information about this limited program on this page .

Passport Expiration

If you or your H-4 dependents are traveling with a passport that will expire before your H approval end date, you will be admitted to the U.S. only for the duration that your passport is valid. This means that your I-94 and legal stay in the U.S. will end earlier than your H-1B approval end date. You will be required to renew your passport and may need to travel outside the U.S. again to be admitted for the full duration of your H approval. If you are in H-1B status and do not travel, Yale will be required to file an H-1B extension on your behalf. H-4 dependents who do not travel will need to file an extension of their H-4 status. It is your responsibility to communicate any status issues to your OISS adviser .

I-94 Validity

Please pay extra attention to your most recent I-94 record and make sure that you will not inadvertently lose H-1B status and work authorization . At the immigration officer's discretion, some H visa holders may be given a 10-day grace period reflecting on their I-94. The grace period is outside the approved H-1B petition period that allows you to work in the U.S. Do not confuse this with H-1B validity date mismatch and speak with your OISS adviser .

H1 Visa: Everything You Need to Know

The H1 visa is a work permit visa that lets foreign nationals with special skills and education work in the United States. H1 visas can last for up to 6 years. 9 min read updated on February 01, 2023

Updated May 31, 2022:

What Is the H1 Visa?

The H1 visa is a work permit visa that lets foreign nationals with special skills and education work in the United States. It's not a green card visa that will let you stay indefinitely, but it can last for up to six years. H1 visas are popular because they are easier to get than green cards .

Every H1 visa issued today is an H1B. There have been H1A and H1C visas in the past, but both were special cases created to fight nursing shortages and both are now out of use. However, you can still get a special H1B1 if you're a Chilean or Singapore national.

How Do You Get an H1B Visa ?

The H1B visa is specifically for skilled people who want to work in the United States. As such, the minimum requirement is a bachelor's degree or an equal amount of education and work experience. Immigration officers usually consider three years of work experience equal to one year of formal education. You can also qualify if you have a foreign degree equal to a bachelor's or an unrestricted state license, registration, or certification that gives you the right to perform a specialty job, such as a license to practice medicine.

Next, the H1B applicant needs to have a specialty job waiting that needs this level of education. After all, the visa is for temporary employment . The jobs can be in one of several fields, including science, medicine, engineering, IT, architecture, business management, the arts, theology, and any other job that needs special skills and experience. There are several ways a job can qualify:

• The job requirements specifically include having a bachelor's degree or higher.
• Most people who perform the job need a bachelor's degree.
• The employer normally demands a bachelor's degree for this sort of position.
• The job is complex enough that most people would say you need a bachelor's degree to do it.

The employer is the party that must petition the government for the H1B visa. This makes them the visa's sponsor and comes with several obligations:

• To pay the filing and legal fees and handle most of the paperwork.
• To file a Labor Condition Application certified by the Department of Labor that shows they will provide wages and benefits that are equal or better than the normal rate to H1B visa holders. This includes vacation time, sick leave, and maternity/paternity leave.
• To not use H1B employees to break strikes or replace native employees.
• To pay the H1B employees even when they are "benched," or not on active duty.
• To pay for any reasonable return transportation the employee needs to move back home if the job ends early and the employee doesn't resign (this doesn't apply to family members, however).
• To let Immigration Services (USCIS) know when the job ends for any reason.
• To have fewer than eight or under around 15 percent H1B employees. The exact number depends on the size of the company. A company can go over this limit, but it will receive more attention from the USCIS. Companies can avoid this attention if the H1B workers earn $60,000 or more each year or have at least a master's degree.
• To allow employees both foreign and local to file complaints with the Department of Labor if needed.

If you want to acquire an H1B visa, your best bet is to join a multinational corporation with offices in your home country and the U.S. These companies can easily hire you locally and sponsor you from the US. This also means they can use an L1B employee transfer visa instead of an H1B.

What Can You Do With an H1B Visa?

Visa holders also have some rules they need to follow:

• They must tell a lawyer and the USCIS if they plan to travel between countries to make sure all the paperwork is in order.
• They must leave if they have no job. Visa holders can switch jobs as much as they want, but there is no grace period for job hunting. This doesn't apply if the visa holder is on strike.

Visa holders can bring spouses and children under 21 with them, but their visa status is H4. This means they can't work, but they can attend school and college, get a driver's license, and open bank accounts. They can also petition for an F1 visa to continue their education or find an employer that will sponsor a work visa .

H1B visa holders can also have "dual intent," which means they can have a temporary visa and stay in the US while they work to get a permanent green card.

The H1B visa is normally valid for up to three years, and it can go up to six if you apply for extensions. There are some exceptions:

• If the H1B visa is five years old and the holder is waiting for a decision on an I-140 immigrant petition, he or she can get one- or three-year extensions until the judgment.
• If the visa holder has an approved I-140 immigrant petition but it hasn't taken effect, he or she can get a three-year extension.

Even with these extensions, the absolute most H1B visa can last is ten years, and that's only for jobs related to the Defense Department.

On the other hand, it can also last only as long as the job does and it will expire if you go home afterward. Still, you can also stay after your first job ends if you get another job in the same industry without leaving the United States. These employers also need to follow the law, which is why job applications always ask if you're a US citizen.

What Limits the H1B Visa?

If you have an H1B visa, you can't be a full-time student. There are other visas for that. You also shouldn't plan on getting a visa for certain, because the federal government issues only 85,000 H1B visas every year. In most years, the USCIS gets many more applications and has to hold a lottery to decide who gets them. Fortunately, this quota doesn't apply to H1B visa extensions or transfers.

• 20,000 H1B visas are set aside for jobs and employees with master's degrees and above.
• 6,800 H1B visas are kept separate as H1B1 visas for Chilean and Singapore workers. This is thanks to a pair of free trade agreements signed back in 2003.

If any of these visas are left over, they roll over into next year's quota. However, that's not something you can count on. On the other hand, some exceptions let you avoid the annual quota:

• Amended and resubmitted H1B petitions.
• Jobs offered by institutions of higher education, including colleges and universities.
• Jobs offered by nonprofit organizations strongly connected to institutions of higher education (such as private high schools and teaching hospitals) can avoid the quota if the job is related to the institution and part of a jointly managed program.
• A foreign worker who earned an H1B visa within the last six years and hasn't been out of the country for more than one year.

Thanks to all these exceptions, the number of H1B visas approved every year is much more than 85,000. For instance, in 2015 the USCIS received 348,669 H1B petitions and approved 275,317, including 108,531 new and extended visas. Almost two-thirds of these approvals were for jobs related to computers and information technology, and 175,248 petitions came from medium and large businesses.

If all else fails, you can try to get a different visa like the TN, J1, L1A, L1B, E1, E2, E3, H2B, and H3 . You can also switch between the H1B and the F1 education visa depending on your higher education plans. Finally, if your H1B visa expires and you have no replacement, you must spend at least one year outside the United States before you can get a new H or L visa.

H1B visas also have wage and benefit limitations to make sure foreign workers don't undercut native workers. That's why H1B employers have to file reports and accept inspections to make sure the foreign workers get a wage equal to the average paid to native workers. They also get the same benefits, they can join strikes, and employers can't use them to break strikes.

Anyone can file a complaint against an employer who breaks these rules by sending Form WH-4 to the local Wage and Hour Division. Complaints may then be forward to the Office of the Inspector General, which will work with the Department of Justice to investigate the charges.

The fees for the H1B visa are  also significant . The basic filing fee is only $460, but the average application can cost between $1,600 and $7,400 by the end, and there are also attorney fees of between $500 and $3000. If you're the person getting the visa, you usually don't have to worry about these fees, but if you're the company that wants to hire a foreign worker, you need to keep these fees in mind when you add up all the costs.

Frequently Asked Questions

• Can an individual apply for an H1B visa?

No. The H1B visa is a temporary work permit, so the job sponsor must apply for the foreign worker.

• When do applications start? When can someone with an H1B visa start working?

Applications begin on April 1 of each year. Foreign workers who get a visa can start working on October 1 of the same year.

• How can an employer hire someone already in the United States with an H1B visa?

The new employer can fill out an I-129 petition with the federal government to bring on a foreign worker with an H1B visa. However, you should keep in mind that there can be no gaps in employment.

• What happens to an H1B visa holder if the employer disappears or merges with another company?

If the visa holder can still do the same job for the new employer after a merger or sale, then nothing needs to happen. However, if the job changes significantly, that may be a violation and either the employer or the foreign worker should contact Immigration Services. If the job disappears, the visa holder has until the last day of employment to either find a new job with the same description or return home.

• Does the H1B visa require a full-time job?

No. As long as there is an employer/employee relationship with a sponsoring US-based business, the H1B visa will stay valid. This includes full-time jobs, part-time jobs, and even a long-term suspension.

• Where can I get an H1B visa stamp?

US consulates outside of the States will give an H1B visa stamp to applicants after a successful interview and a review of important documents. These documents include a photo ID, proof of education and work history, a valid passport, a letter from the job sponsor, and more, so make sure you ask for a full list of what you need. Also, keep in mind that you can't get an H1B stamp anywhere within the United States. Restamping an expired H1B visa goes through the same process, but you'll need a few more documents.

What Will Happen to the H1B Visa?

Work visas in general and H1B visas, in particular, are a sensitive political issue. That's why the H1B visa has an annual quota, strong labor protections, and a hard expiration date. Because of this, the laws surrounding the H1B visa tend to change every few years, especially after elections.

President Trump and congressional Republicans have promised to target the H1B visa in particular. This is because tech companies have been using the $60,000-salary loophole to bring in a large number of Indians to take over their IT departments. These foreign workers have graduated from American universities, but they tend to work for at least $20,000 less than native-born computer specialists. 70 percent of H1B petitions in 2014 were for Indian candidates, and Disney caused a scandal in 2016 when they replaced 200 IT employees with workers brought in from India while claiming they couldn't find any local talent.

Some bills set the minimum wage for the loophole to $100,000-$132,000 and drop the master's degree option. Another proposal is to cap the number of visas one employer can sponsor and demand proof that they tried to fill the spots with American workers first. A third is to get rid of the random lottery and award H1B visas to the highest paid jobs or workers with American degrees. The USCIS is already suspending its fast-track processing.

However, others argue that the real problem is that America lacks STEM (science, technology, engineering, mathematics) graduates and needs foreign workers to fill the gaps. The computer and IT industries will add 488,500 jobs between 2014 and 2024, and not enough Americans are getting the right degrees to fill them. Companies like Google, Amazon, Microsoft, and Intel are desperate for skilled IT workers already. America attracts talent, and the H1B visa brings talented workers to American jobs.

The visa application process is a long and complicated one, especially considering how the H1B visa  might change  in the coming years. If you want to stay on top of things, you will find expert legal advice by posting your legal needs on UpCounsel. We only accept the best lawyers and firms in our marketplace, giving us an average of 14 years of experience with high-level degrees from places like Yale and Harvard. Whether you're a sponsoring employer or a temporary worker, we can help.

Hire the top business lawyers and save up to 60% on legal fees

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Office of International Services

Traveling during your h-1b status.

You can travel abroad during your H-1B status. Your trip may be personal (to visit relatives, for example) or professional (to attend a conference or work with colleagues overseas). These recommendations will help ensure that you have a smooth trip.

What do I do if I am traveling to Canada or Mexico and I have an expired visa stamp?

If your trip will last 30 or fewer days, you may be able to re-enter the United States using the expired visa stamp. This procedure is called Automatic Visa Revalidation. Contact us for more information.

Gather and check your documents

You will need to take the following documents:

• Your passport
• Your I-94 card, which you will turn in when you leave the country. If you have an electronic I-94 instead of a physical I-94 card, you do not need to turn anything in.

We recommend taking the following documents, too:

• A recent letter from your department that confirms your continued employment
• A photocopy of your H-1B Approval Notice (Form I-797)
• A photocopy of your H-1B petition

Check your passport, H-1B Approval Notice (Form I-797), and H-1B visa stamp to ensure that they have not expired. If your passport will expire within six months, we recommend renewing it. If your visa stamp will expire while you are abroad, you will need to visit a U.S. consulate for an interview and get a new H-1B visa stamp to return to the United States.

Request a visitor’s visa, if necessary

If you are traveling to a country other than your home country, you may need a visitor’s visa. You may even need a visa for a transit stop or layover. To find out, visit that country’s embassy website and search for the nearest consulate.

Plan for additional wait times

If you have to get a new visa stamp while you are abroad, the process can take six weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.

Office of International Services resources and social media channels

• Annual Security Reports

• iHopkins Login

• Travel in H-1B Status

When you travel outside of the U.S., you should take the following with you:

• A copy of the H-1B petition/Form I-129 as it was submitted to USCIS
• The original I-797 approval notice
• Your valid passport
• Proof that you are maintaining H-1B status (3 recent paystubs)
• You can also request a “Travel Letter” from our office.  This is not required , it is a courtesy that OIS provides.

To request a Travel Letter:

• Go to iHopkins Self-Service Portal: http://ihopkins.jhu.edu/
• Use iHopkins login  option #1: ACTIVE JHED LOGIN.  Enter your JHED ID (network/login ID) and password
• Click “ University Employment ” from left side menu
• Click “ Travel Letter Request ” to open the eForm
• Complete and submit the eForm

You are required to have a valid H-1B visa in your passport to return to the U.S. from all countries except for brief trips (less than 30 days) to Canada & Mexico ( see below ). Before applying for the H-1B visa at a U.S. Consulate/Embassy abroad, please review the U.S. Consulate/Embassy  website  where you will apply for the visa to see if they require documents in addition to those listed above.  Please note that Canadian citizens are exempt from the visa stamp requirement.

You are permitted to travel to Canada and Mexico for less than 30 days without a H-1B visa stamp in your passport (you still need to take the other documents mentioned above). For detailed information about automatic visa revalidation, please refer to the information provided on  Department of State’s website  .

Important Steps to take when you return to the U.S. from travel abroad :

• If you have an electronic I-94, retrieve and print your I-94. To access your record you will need your passport. Go to https://i94.cbp.dhs.gov/I94/#/home
• Your name  should appear as it is stated in your passport
• The appropriate  visa classification (H-1B or H-4)
• The  end date  on the I-94 should match the H-1B approval notice (Form I-797) or be extended for 10 additional days beyond the end date of the H-1B approval notice
• If your I-94 is shortened due to your passport expiring prior to the I-797, your status will end on the date marked on the I-94 record rather than the H-1B approval notice
• Contact the OIS if you notice an error or data inconsistency, or if the end date on the I-94 does not match your H-1B approval notice (or the H1B approval end date + 10 days)
• Upon return from travel, document your time abroad on the Recapture Worksheet. The worksheet will make extensions beyond six years less cumbersome, and help ensure all available H-1B time can be requested from USCIS

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The H-1B program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment – whichever is greater.

On January 15, 2021, the U.S. Department of Labor (Department) issued an Office of Foreign Labor Certification H-1B Program Bulletin and a Wage and Hour Division Field Assistance Bulletin (FAB) revising its interpretation of its regulations concerning which employers of H-1B workers must file Labor Condition Applications.  The Department simultaneously submitted a Notice for publication in the Federal Register announcing and requesting public comments on this interpretation.  On January 20, 2021, the Department withdrew its Notice from the Office of the Federal Register prior to its publication, and is now withdrawing the Bulletin and FAB for the purpose of considering the process for issuing this interpretation as well as reviewing related issues of law, fact, and policy.  Accordingly, the requirements of the Bulletin and FAB are no longer in effect.  The Department will notify the public of any further actions as appropriate once it completes its review. 

General Guidance

• Field Assistance Bulletin 2019-3: Compliance with the H-1B Notice Requirement by Electronic Posting (PDF)
• Employment Law Guide: Workers in Professional and Specialty Occupations (H-1B and H-1B1 Visas)
• Frequently Asked Questions Regarding Prevailing Wage Determinations for Nonagricultural Programs
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Travel on H-1B Visa

Travel during the visa request process.

Always discuss your travel plans with the International Scholars Operations (ISO) team before traveling internationally and before any petition is filed with U.S. Citizenship and Immigration Services (USCIS) on your behalf.

Changes of Status

If you are in the U.S. and attempting to change your status to H-1B, or if your dependents are applying for a change of status to H-4, do not travel outside the U.S. while the petition is pending with USCIS. USCIS may say that you have abandoned the petition and deny your change of status. In this situation, you would have to exit the U.S., apply for a new H-1B visa stamp, and reenter as outlined in Coming to the U.S. page .

Extensions of Status and Changes of Employer

You can travel internationally and reenter the U.S. while your H-1B status is being extended or transferred from one employer to another, provided you have a valid I-797 Approval Notice and a valid H-1B visa (unless visa-exempt or eligible for automatic visa revalidation). If your current H-1B expires before you return, you may have to wait until the H-1B extension is approved to reenter.

Returning to the U.S. after a Temporary Absence

When returning to the U.S. after a temporary absence, be prepared to show the following to the Customs and Border Protection officer:

• Original and unexpired Form I-797 Approval Notice.
• Passport valid for at least 6 months beyond the end date of your expected stay.
• Letter from your UW host department confirming you are returning to continue full-time employment in the job described in the I-129 petition.
• These were forwarded to you by your host department. If you cannot locate them, contact ISO .
• Note: If the visa has expired, it may be extended by presenting the documents listed above to a U.S. consulate . Anticipate delays due to security reviews. For information about the visa process and to schedule an interview appointment, contact the U.S. consulate in the city where the application will be submitted.

Short Travel to Canada or Mexico under Automatic Visa Revalidation

A valid H-1B visa stamp (or H-4 visa stamp) is not required for reentry to the U.S. following a visit of less than 30 days in Canada or Mexico, as long as you have a valid H-1B approval notice. This is called automatic visa revalidation. However, if you apply for a new visa while in Canada or Mexico, you will not be able to return to the U.S. unless the visa is granted.

Automatic visa revalidation is not available to nationals of countries on the State Sponsors of Terrorism list .

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If you must travel, stay informed about IU's coronavirus response by reading the  IU Global  and  COVID-19  sites.

You can travel abroad during your H-1B program. Your trip may be personal (to visit relatives, for example) or professional (to attend a conference or work with colleagues overseas). These recommendations will help ensure that you have a smooth trip.

Gather and Check Your Documents

You will need to take the following documents:

Your passport

• Your valid (unexpired) H-1B Visa 

Monitor the I-94 website to make sure the information is correct

We recommend taking the following documents too:

Two to three of your recent pay stubs confirming your current employment

Original H-1B Approval Notice (Form I-797)

A photocopy of your H-1B petition

Check your passport, H-1B Approval Notice (Form I-797), and H-1B visa to ensure that they have not expired.

If your passport will expire within six months, we recommend renewing it.

If your visa will expire while you are abroad, you will need to schedule a new visa interview and get a new H-1B visa to return to the United States . Please see our H-1B approval handout for more information.

Request a Visitor’s Visa, If Necessary

If you are traveling to a country other than your home country, you may need a visitor’s visa. You may even need a visa for a transit stop or layover. To find out, visit that country’s embassy website and search for the nearest Consular Section.

Travel to or through Canada

There are new requirements for travelling to or through Canada.  Some travelers may not need a visa but need Electronic Travel Authorization (eTA) to enter or transit Canada.  Go to this page to see if you need an eTA or a visitor visa to enter Canada:   http://www.cic.gc.ca/english/visit/visas.asp  You should plan that you  will need  one or the other.

Plan for Additional Wait Times

If you have to get a new visa while you are abroad, the process can take six weeks or more because of security clearances. When you make travel arrangements, you and your department should plan for the possibility of these wait times.

What Do I Do if I Am Traveling to Canada or Mexico and I Have an Expired Visa Stamp?

If your trip will last 30 or fewer days, you may be able to re-enter the United States using the expired stamp. This procedure is called Automatic Visa Revalidation. Contact us for more information.

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The H-1B Visa, Explained

Understanding the h-1b visa for working in the united states, in this guide.

• What is the H-1B visa?
• H-1B visa eligibility
• The H-1B visa process
• What’s next
• Boundless guides
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Ready to cross immigration off your to do list?

The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers with specialized skills to work in the United States for a specific period of time. Typically, the roles require a bachelor’s degree or equivalent. Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more.

U.S. Citizenship and Immigration Services (USCIS) announced it would hold a second lottery for the H-1B visa program for FY 2024. Learn more here !

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In order to be eligible for the H1B visa, you will need:

• A valid job offer from a U.S. employer for a role that requires specialty knowledge
• Proof of a bachelor’s degree or equivalent experience in that field
• Your employer must show that there is a lack of qualified U.S. applicants for the role

Understanding the H-1B visa cap

Before you can enter the United States under the H-1B classification and begin work, you may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected to apply. Because there is a lot of demand for this visa, there is a limited number of visas that can be issued each year.

To learn more about the H-1B visa cap and how to register for the lottery, check out Boundless’ detailed H-1B cap lottery guide .

RELATED ARTICLES

• H-1B Cap Lottery, Explained
• H-1B Trends and Impacts Report 2023

How much does the H-1B visa cost?

The cost to register for the H-1B lottery is $10. If the applicant is selected for an H-1B visa, the employer will then have to pay $780 to file Form I-129 (Petition for Nonimmigrant Worker), or $460 (in the case of small employers and nonprofits). Beyond Form I-129, the costs can vary, depending on the size of the company, costs to expedite the application, whether or not the H-1B applicant is changing employers, and attorney fees.

Boundless helps businesses build comprehensive immigration strategies

Our dedicated legal team helps you navigate U.S. immigration, building a custom program just for you.

Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

To do this, your employer will need to submit a Labor Condition Application (LCA) to the Department of Labor (DOL) for Certification. The purpose of the LCA is to confirm that your employer will pay you the same wage as other similarly qualified workers in the same geographic area and that your working conditions will not affect other employees.

Once the LCA has been certified by the DOL, your employer will have to complete Form I-129 , Petition for a Nonimmigrant Worker, and file both the LCA and the I-129 to USCIS, along with any fees and additional documentation. These other documents may include evidence of your education, any training certificates or professional membership documents if relevant, your resume, a confirmation letter of employment, a letter of support, and any necessary fees.

If your Form I-129 is approved, then there are two options for you, depending on whether you are in the United States already or not.

If you are within the United States on a different visa category, you must wait until your H-1B visa status becomes active in order for you to start working.

If you are outside the United States, then you will need to apply for consular processing. To do this, you will need to complete Form DS-160 , which will take around 90 minutes to fill in. You will also need to pay the application fee and schedule an interview at a U.S. embassy or consulate near you.

Once you have arranged an interview, you will need to bring documents such as:

• Your passport. This should be valid for at least six months beyond your intended date of entry to the United States
• A printout of the confirmation page from your Form DS-160.
• A copy of your approved I-129 petition and your I-797 approval .
• Receipts showing you have paid your application fees.
• A passport-sized photo of you that follows U.S. State Department requirements .

During your interview, you may be asked questions about yourself, the job, your experience, the employer, and your travel history.

Currently, H-1B visa holders may apply for a green card . However, there may be lengthy delays . This means that any children who moved with you may “age out” of their visa status, which is tied to your H-1B visa. Under the current system, if they turn 21 before their green card is approved, they will need to apply for another visa to stay, such as a student visa . The Biden administration may remove this, and also make it easier for dependents of H-1B visa holders to gain work authorization.

If you’re planning to transition from an H-1B visa to a family or marriage green card, Boundless can help you navigate the process. Learn more about how Boundless can help you make the switch smoothly.

The H-1B lottery electronic registration for FY 2025 will run from March 6 to March 22, 2024. NOTE: The dates vary each year, so be sure to check  USCIS’ information page  for the exact dates for the upcoming fiscal year. If you’re a business sponsoring H-1B employees, Boundless can help you navigate the process. Learn more here !

To see if you are eligible to file for an H-1B visa, you can check your USCIS online account . The account will show the status of your application. The employer or attorney who registered for the H-1B should also get a notification in an email telling them if their registration was selected in the H1B visa lottery .

Yes, premium processing is available for the H1B visa. To request premium processing, you will need to submit Form I-907 , Request for Premium Processing Service, and pay the filing fee to USCIS. You can do this at the same time as you file your Form I-129 petition.

If you have already filed your petition, you can request premium processing at a later date by sending your form to the same service center as your original Form I-129.

Having a valid visa allows you to go to a U.S. port of entry and request entry to the U.S.. If you leave the U.S. for travel and return, as long as your H-1B visa is still valid, you may be able to be admitted on H-1B status. You may wish to bring evidence of your employment or your visa validity with you to present at the border.

If your H1B visa is subject to the cap, you will need to register online first. You should keep in mind that being selected in the lottery allows you to apply for a visa for the following financial year.

If you are selected, you and your employer can petition for a H-1B visa on your behalf. You can expect to have around 90 days to apply for your visa, but the filing period and location will be on your H-1B Registration Selection Notice from USCIS. You can apply for your visa up to six months before your visa start date.

If your H-1B visa is under the cap and you have been selected to apply for a visa, your selection notice will let you know which USCIS address you can file your application at. If the H1-B visa cap does not apply to you, for example, if you are being employed by an institute of higher education, then you can file your application at the USCIS California service center .

Your H1B visa is generally valid for three years, and can usually be extended for up to six years. To do this, your employer will need to complete and file Form I-129 again on your behalf, along with any supporting documents, and pay the filing fee.

The H-1B visa is a dual-intent visa, which means that yes, you can apply for a green card. Find out more about how Boundless can help you through the process.

Any U.S.-based employer can sponsor the H-1B visa. As long as the employer has an IRS Tax ID Number, they can register to file a petition on your behalf.

Because the H-1B visa is an employment-based visa and you will need your employer to file certain forms for you, you will need a job offer before you are eligible to apply for the H-1B visa.

No. In June 2020, President Trump issued an executive order stopping H-1B visas from being processed. That executive order has now expired, and you can now continue preparing your H-1B visa application.

Yes, your spouse and any unmarried children under the age of 21 may be able to accompany you on H-4 visas . Learn more about the H-4 process in Boundless’ guide .

The H-1B visa is valid for three years and can be extended for up to six.

It depends. If your spouse holds an H-4 visa, they may be able to apply for employment authorization if you, the H-1B visa holder, is on track to get a green card. Learn more in our H-4 guide .

The government sets a cap on the number of H-1B visas it issues each year. Currently, the cap is 65,000 visas per fiscal year, with 20,000 additional visas available for those who have a master’s degree or higher.

The H-1B1 is a U.S. nonimmigrant visa for nationals of Chile and Singapore who work in specialty occupations. The annual cap for H1B1 visas is 6,800 — 1,400 from Chile and 5,400 from Singapore.

The employer filing the H-1B petition must show the Department of Labor (DOL) proof they will pay the employee the prevailing wage or the employer’s actual wage, whichever wage is higher. The prevailing wage is the salary paid to workers in similar occupations in the same geographic area, while the actual wage is the salary the employer pays to its workers in similar positions.

If you are on an H-1B visa and lose your job due to layoffs or an economic downturn in the United States, you will immediately fall “out of status.” However, there is a 60-day grace period from the time you were terminated until you’re required to return to your home country. Additionally, H-1B workers may be able to switch employers without losing their visa status under certain conditions. Learn about what to do if you lose your job while on a work visa.

Depending on the complexity of your case, or if you simply want additional peace of mind during the extension process, it may be helpful to enlist an immigration lawyer’s help for your H-1B extension application. Lawyers can help you navigate the extension forms and H-1B requirements from start to finish. If you’re not sure whether an immigration lawyer is the best option for your H-1B extension, Boundless put together a detailed guide on when to hire an attorney for your visa process  here .

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H-1B Travel

Initial entry to the u.s. in h-1b status, required documents.

• Valid passport with validity for at least six months following authorized period of stay  
• Valid H-1B visa stamp (unless visa exempt, i.e. Canadian citizen)  
• Form I-797 Notice of Approval of H-1B status

Upon admission to the U.S., you will need your I-94 record of arrival.

• If entering by land, you will need an I-94 card. The Customs and Border Protection (CBP) officer at the U.S. port of entry will issue an I-94 card to the foreign national. For H-1B and H-4 foreign nationals, the CBP officer should indicate an expiration date on the I-94 card. The expiration date refers to the length of time an H-1B foreign national has permission to remain temporarily in the United States. CBP may include a 10-day grace period following the period of approved H-1B status.

We strongly recommend that you print and save your I-94 record after entrance into the United States.

Travel During Period of H-1B Status

In order for H-1B aliens to request permission to re-enter the U.S. after a temporary departure, they must present the following documents at the port of entry:

• Valid passport (valid for at least six months following authorized period of stay)  
• Valid U.S. H-1B visa stamp in passport (unless visa exempt, such as a Canadian citizen)  
• Original, valid Form I-797 Notice of Approval of H-1B employment  
• Evidence of current H-1B employment, including most recent pay statements and/or a letter from Human Resources verifying employment. This is not required, but recommended.

If your H-1B visa stamp is expired, or you have never held an H-1B stamp in your passport, you must apply for and receive a new stamp before returning to the United States. OVIS recommends that you check with the relevant consulate or embassy in your home country for specific information on the visa application process, as well as fees and appointment wait times.

Automatic Revalidation

After initial entry to the U.S., nonimmigrants who have an expired visa in their passport may re-enter the U.S. without obtaining a new visa if their travel was solely to the contiguous countries of Canada and Mexico.  F and J visa holders may also be able to benefit from Automatic Revalidation after travel to the Caribbean Islands (excluding Cuba).  Travel must be for a period of fewer than 30 days. This procedure is known as Automatic Revalidation of the U.S. visa.

To take advantage of Automatic Revalidation, travelers must have, in addition to the documents for re-entry stated above, a copy of their electronic I-94 record (or white I-94 card, if you have one).

• If you are a citizen of Cuba, Iran, Sudan, or Syria, you are not eligible for automatic revalidation of your expired non-immigrant visa.
• If you have applied for a new visa while out of the country, you may not re-enter the U.S. until the new visa is issued, even if your old visa is still valid.
• Is in possession of an F student visa or J exchange visitor visa and has traveled to Cuba
• Depending on your country of citizenship, you may be required to have an entry visa for Canada, Mexico or any of the other Caribbean nations in order to enter those countries. Your U.S. visa does not automatically grant entry into these other contiguous countries. 

You can find more information on Automatic Revalidation on the U.S. Department of State website .

How to Travel Internationally on an H-1B Visa

The h-1b visa is a program that allows us companies to hire specialized workers from other countries. once in the us, are h-1b visa holders allowed to return to their home country or travel outside the us at all.

This article will explain everything you need to know about traveling internationally on an H-1B visa. From documentation requirements to the various restrictions imposed, we will cover everything in detail so that you can be fully prepared for your trip abroad. 

What is an H-1B Visa?

The H-1B visa is a type of non-immigrant visa that allows individuals to temporarily reside in the United States while they engage in certain types of employment. Holders of the H-1B visa can reside in the US for up to 3 years but can get an extension for a maximum of 6 years total. 

The H-1B visa is a category of visa reserved for workers in the highly specialized science, technology, engineering, and mathematics (STEM) fields, as well as art. These workers can apply for an H-1B visa in order to obtain employment with US companies. The US government issues a certain number of H-1B visas each year. Since these are highly sought-after visas, they are granted through a lottery system.

Only 65,000 H-1B visas are approved each year, with an additional 20,000 for applicants who have a Master’s degree or higher. 

So, once you get a coveted H-1B visa, you don’t want to lose it. Does that mean you can’t leave the country on an H-1B visa? Not at all, though there are different regulations for different travel destinations. 

Traveling to Mexico or Canada on an H-1B Visa

Perhaps the easiest place to travel on an H-1B visa is to neighboring Canada or Mexico. You can travel to either country for less than 30 days without a valid visa stamp for reentry to the US. 

Automatic visa revalidation does require a prior valid visa and a valid I-94 form, which is a record of your travel arrivals and departures. 

Circumstances and travel procedures can change at any moment. Even if you’re only traveling to Mexico or Canada, it’s best to check with the US Customs and Border Patrol and US State department agencies before leaving the US. 

There’s nothing quite like the feeling of leaving your everyday life behind and exploring a new country. Fortunately, there is an option available to H-1B visa holders that also happens to double as a way to explore international travel conveniently.

As an H-1B visa holder, you are permitted to travel outside of the borders of the United States as long as you have valid documentation. This is, of course, a given, but it’s still worth mentioning.

You will need a valid passport if you intend to leave the country. If you don’t have a passport and plan to travel, start the application process as soon as possible. US passport applications are available at your local post office or at a passport expediting company.

In summary, you will need the following documents to travel abroad on an H-1B visa:

●     Passport (valid through the end date of Form I-797A Notice of Action)

●     Valid visa in H-1B classification (with multiple entry stamp)

●     Form I-797A Approval Notice

●     I-94 Arrival/Departure Record

●     Current letter from your company’s hiring department verifying continued employment. For H-4 dependents, official proof of the relationship to the H-1B principal beneficiary (marriage certificate; birth certificate).

●     Return ticket to the US. 

There isn’t a hard and fast rule on how long you can stay abroad on an H-1B visa. However, if your visa expires during that time, you won’t be able to reenter the US.

What’s Next? 

The H-1B visa is a great way for foreign workers to come to the US to live and work here. It is also easy for these workers to travel internationally and explore the world. While traveling abroad, it is important to document your travels and keep your visa and visa stamp information up-to-date. Holders of the H-1B visa are permitted to stay in the US for up to 6 years and can travel abroad during that time. 

The rules for traveling abroad with an H-1B visa seem straightforward. However, guidelines are constantly evolving, and you don’t want to get stuck and unable to return to the US before your H-1B visa is up. 

Visa2US has skilled experts on the ins and outs of all things regarding H-1B visas. Experts are ready and able to assist applicants and visa holders on all matters of international travel on an H-2B visa. 

If you are in the United States on an H-1B visa, you have access to many great international opportunities and locations without having to give up your job or your visa status. Visa2US can ensure you make the most of your opportunities. 

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THINGS TO KNOW AFTER YOUR H-1B IS APPROVED

If you are the beneficiary of a recently approved H-1B petition, there are several important things you should know regarding visa issuance, validity, international travel, and more. Please review this material carefully. You should review all of this information after each H-1B approval. Later, you may jump ahead to certain sections.

You must have a valid visa stamp in your passport to return to the U.S., unless you are making a short trip to Canada or Mexico. Please contact our office before making travel plans .

You should be aware that no matter where you go to apply for your visa stamp, there is always a risk of administrative delays or security checks that could affect the processing time of your visa. Administrative processing of 2-4 weeks has become more common, and should be considered while making international travel plans.

For travel information specific to the U.S Embassy or Consulate you will visit, please see: https://www.usembassy.gov/ 

It is critical that you check your I-94 entry online each time you travel:  https://i94.cbp.dhs.gov/I94/#/home  and provide a copy to our firm. If you do not do so, we cannot be responsible for tracking this information.

• H-1B status validity
• Employment authorization
• International travel
• Visa processing
• Port of Entry and I-94 Retrieval Information
• If you move or change your address
• Social security number
• H-1B extensions
• Permanent residence

H-1B STATUS

Your H-1B status is valid until the end validity date of your most recently issued I-94. Your I-94 is at the bottom of your I-797 approval notice, and/or the CBP electronic I-94 system. The H-1B status is employment-based, so your status immediately ends on the date employment is terminated.

If a change of status or extension of stay has been granted, the I-94 will be at the bottom of the I-797 approval notice. You are not required to travel outside the U.S. and apply for an H-1B visa in order to “activate” your H-1B approval.

If your H-1B petition has been approved for consular notification, then you will not receive an I-94 card at the bottom of your H-1B I-797 approval notice. You will need to apply for a visa stamp at a U.S. Consulate or Embassy abroad before your H-1B status can be “activated”.

EMPLOYMENT AUTHORIZATION

Your H-1B status is valid only for the position stated on the H-1B petition, and for the period requested. You cannot accept any other employment outside of the sponsoring employer without filing another H-1B petition. Please let us know immediately if any significant changes occur in your job during your period of employment for your sponsoring employer. This includes changes in work location, salary, and job duties. Some changes may require an amended H-1B petition.

Your dependents’ H-4 status is valid until the end validity date of their most recently issued I-94.

Your spouse and children  may not accept employment in the U.S. without separate authorization, since they are obtaining their H-4 status as the dependents of a temporary worker.

Your spouse and any dependent children will need to present the following documents when they apply for their H-4 visas:

• A copy of your H-1B approval notice
• Application Form DS-160, Nonimmigrant Visa Electronic Application
• Their machine-readable passports (valid for at least six months beyond your intended period of stay)
• Two color, passport-style photographs (each) if unable to upload photos to their DS-160

They may also be required to present a copy of your H-1B petition documents, their birth certificates (with certified translation, if applicable), marriage certificate, and copies of your financial documents such as pay stubs from your current employer. For more information, please refer to the  U.S. Department of State website specifically designed for people seeking U.S. visas .

INTERNATIONAL TRAVEL

Please do not make plans to travel outside of the U.S. without contacting our office first.

You must have a valid visa stamp in your passport to return to the U.S., unless you are a Canadian citizen or are making a short trip to Canada or Mexico. Please contact our office before making travel plans.

If you already hold a valid H-1B visa stamp in your passport , we recommend that you take the following documents with you when you leave the U.S.:

• Copy of the I-797 approval notice for the H-1B petition*
• Evidence of maintenance of status if you were in the US, such as recent paystubs.
• Employment verification letter: please ask your employer (usually Human Resources or direct supervisor) for a short letter confirming your title and salary such as “I am writing to confirm that [NAME] has the position of [xxxx] at a salary of $xxxx.”
• Your machine-readable passport (valid for at least six months beyond your intended period of stay.)
• Valid non-immigrant visa stamp

You may also want to log onto our portal to get a copy of the H-1B petition package filed. The package contains the employer support letter – you can look at that to see how the job was presented to be ready for any questions at the interview. Some consular websites still ask for a copy of the forms (LCA or I-129) even though those are now available electronically to the consular officer – those forms are also part of the H-1B package.

A travel letter template for your employer to complete before you travel can be found  here.

If travel is required, advance planning and early visa application are critical. The Department of State has stated that applicants are advised when they apply that there is no time period within which administrative processing must be completed. Individuals will have to weigh the risk before making travel plans in advance of receiving a visa.  Please contact our office prior to making irrevocable travel arrangements to discuss your plans .

* You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up your petition approval in the system. This number typically begins with LIN, SRC, EAC, WAC, or IOE. We recommend traveling with a copy of the I-129 (I-797A) approval notice, especially if you intend to request a consulate-issued visa.  The original I-129 petition is no longer needed by US consulates because hand-delivered copies are not considered to be secure documents. USCIS provides a copy of the I-129 petition directly to US consulates. Please also follow any specific instructions on the consular website about additional documents to bring to the interview.

As a general reminder, please be sure to double-check with your travel agent or airline about any transit visa(s) you may need for international flights, even quick stopovers.

VISA PROCESSING

If you are changing to a new employer and your extension of stay has been granted, you may continue to utilize the H-1B visa stamp in your passport for as long as it is valid.

If your change of status has been granted and you are traveling outside of the United States, or if your H-1B petition has been approved for consular notification, it will be necessary for you to apply at a U.S. Consulate for a new H-1B visa. At the Consulate, you will be required to present the following:

• Copy of the I-797 Approval Notice for the H-1B petition*
• Your machine-readable passport** (valid for at least six months beyond your intended period of stay)
• Two color, passport-style photographs (if unable to upload photos to your DS-160)

You may also be required to present copies of the H-1B petition documents and proof of your employment, such as a letter from your employer. For more information, please refer to the U.S. State Department website specifically designed for people seeking U.S. visas .

You should be aware that no matter where you go to apply for your visa stamp, there is always the small risk of administrative delays or security checks that could affect the processing time of your visa. Typical administrative delays are 2-4 weeks, but some are much longer. The Department of State will not explain the reason for the delay, nor will they tell how long the delay will be. 

For information and tips on filling out Form DS-160, please see this website . You will be required to upload a digital photograph. Please set aside time to complete this form. If you are applying for H-4 visas for your family, each non-U.S. citizen will also need a completed DS-160. You can create additional DS-160 forms by clicking the option to create a family or group application when you reach the “Thank You” page. You can alter the auto-generated information to tailor it for your dependents.

We cannot complete the DS-160 for you, but we are happy to answer any questions.

There will be a visa fee of at least $190 for each machine-readable visa issued. A reciprocity fee may also be required. You should confirm, with the U.S. Consulate, any specialized application procedures, processing time, and whether or not an appointment is required. Please note that U.S. Consulates, Embassies, and Ports of Entry may, in their discretion, choose to investigate any H visa application. It is therefore difficult to predict how long the wait will be for each visa issuance. You can check visa-waiting times here , and you can  check consular procedures here .

Many applicants are eligible for an interview waiver ( please click here for information on Nonimmigrant Visa Interview Waivers ). Consulates generally use an online appointment system for visa applicants. It can take four to six weeks or longer for visa appointments. You can schedule your visa interview with your receipt number, beginning with 3 letters such as EAC or WAC, on your H-1B petition receipt.

During a visa appointment, you will be fingerprinted, photographed, and interviewed about your visa application and your prospective stay in the United States.

Consular officers are not supposed to re-adjudicate H-1B petitions that USCIS has already approved, unless the answers provided at the interview are very different from the information provided in the petition to USCIS. See  9 FAM 402.10-9(B) Approved Petition Is Prima Facie Evidence of Entitlement to H Classification .

In some cases, you can apply for your visa stamp in a third country such as Canada, or you can apply in your home country the next time you go home. Most clients do not have problems with their visa applications in Canada, especially if they graduated from a school in the U.S. or Canada and most of their work experience is from the U.S. or Canada.

You may also be subject to a sometimes lengthy security clearance including Visa Mantis, especially if you are involved in high-tech work. While there is no specific formula for avoiding such a delay, we generally recommend describing the potential use of technology on Form DS-160. For example, if you are engaged in bio-engineering, describe the purpose of your work – renewable energy, for instance. This may help a consular office understand that your work does not have potential application for national security or terrorism.

While it may not be possible to avoid pointed questions about the applicant’s job duties, including questioning as to the availability of U.S. workers, applicants should consider the following strategies to reduce the likelihood of a refusal under 221(g):

• Applicants must be prepared to discuss the job offered and the specific skill set required to perform the job
• Applicants should be prepared to provide a succinct “elevator pitch” explanation to the consular officer about the position. The applicant must clearly communicate what they do (or will be doing) and should be prepared to articulate the value that they bring to the U.S. employer.
• Applicants should be prepared to explain how their position has a positive impact on the U.S. economy.
• Applicants should have up-to-date resumes containing detailed information of their current and prior positions, education, publications, and other relevant experience. Published research and other works that are in the public domain should be included in the resume.
• Applicants working as consultants or at third-party locations should be prepared to provide a work itinerary, an explanation of the supervisory reporting structure, and other relevant information to document the employer/employee relationship with the petitioner.

After your appointment, you should be able to track the status of your application on this website: https://ceac.state.gov/CEAC/ . Here are some frequently asked questions about applying for visa stamps: https://ais.usvisa-info.com/en-fr/niv/information/faqs#book_travel_before_interview .

*You do not need to present your original I-797 approval notice at your visa interview. U.S. consulates and embassies are required to verify the approval of the H-1B petition by consulting the State Department’s Petition Information Management Service (PIMS), an electronic database that contains information on petition approvals. Please note that it may take several days or more for the consulate to verify the approval in the PIMS system, particularly if the visa application was the beneficiary of a petition to change or extend nonimmigrant status. Visa applicants should be prepared for the possibility of delays while the consulate verifies the petition approval.

** Note that the name on your passport must match the name on your I-797 approval notice. Otherwise, the issuance of your visa may be delayed. If you have only one name, or if your name appears in one line in your passport, your full name goes into the surname field and “first name unknown” or “FNU” goes into the given name. We recommend obtaining a new passport with given and surnames if possible. The visa stamp will only be issued for the validity period of the passport, so you may want to extend your passport to obtain the full visa term.

PORT OF ENTRY AND I-94 RETRIEVAL INFORMATION

You may enter the U.S. ten (10) days before the start date on your I-797 approval notice. At the port of entry, you may request that your I-94 card be issued with an additional ten (10) days beyond the expiration date of the I-797 approval notice. CBP officers at the port of entry are not required to grant these additional days, but you may still request them. If you receive additional days, you are not authorized to work beyond the expiration date of the I-797 approval notice.

You do not need to present your original I-797 approval notice when you apply for entry into the U.S. The receipt number on your visa stamp is sufficient for officials at the port of entry to look up the petition approval. We do recommend that you carry a copy of the I-797 approval notice and the petition documents to avoid potential delays.

After you have entered the U.S., please be sure to carefully check your new I-94 card online and visa stamp in your passport to confirm that the category and expiration date are correct. Customs and Border Protection (CBP) has implemented an electronic I-94 system. Please be sure to visit https://i94.cbp.dhs.gov to confirm that your information was entered correctly into the system and also to print the I-94 information for your records. Please also be sure to email us a copy of the I-94 printout for your file. If there is an error,  check here for instructions on how to fix an I-94 card within the U.S.

Once you receive your visa, please forward a copy of the visa and I-94 card to our office. Please be sure to do the same for your dependent(s). Accurate I-94 records control your lawful status – they are very important. 

In general, your passport must be valid for at least six months beyond the expiration of your period of admission to the United States, to ensure that you will be able to depart the U.S. at the end of your stay and proceed to your home country or another country. There are some exceptions to this rule. If your country is in agreement with the U.S., your passport is deemed valid for an additional six months past its expiration date so that you can return to your country of citizenship. The list of member countries is here.

The expiration date of your I-94 should match the expiration date on the H-1B approval notice. However, if your passport expires before the end date of your H-1B approval notice, you may not be admitted to the United States for the full-term of your visa and your I-94 will expire on the date your passport expires. If this happens, please contact us so we can discuss how to maintain and extend your status. If your passport is renewed within 30 days of your entry, then you may be able to present your passport to a Deferred Inspection unit to have a new I-94 issued. We recommend that you contact the Deferred Inspection unit ahead of time for this type of issue – don’t just walk in. After 30 days, it will have to be done through an extension with USCIS.

If you receive a new I-797 approval notice extending your stay prior to your departure, be sure to present the I-797 approval with the latest validity date to ensure that your I-94 will have the latest expiration date.

IF YOU MOVE OR CHANGE YOUR ADDRESS

In addition, you should be aware that USCIS requires all non-U.S. citizens to carry their I-94 cards at all times and to inform USCIS of any change of address. You can notify USCIS of any change of address online.

SOCIAL SECURITY NUMBER

You may begin work for an employer while your application for a Social Security Number (SSN) is pending. Before an SSN can be issued to you, the Social Security Administration must verify your nonimmigrant status with the Department of Homeland Security. It takes approximately 10 business days from the time you enter the United States for your entry data to be entered into DHS systems and made available for verification purposes. You may therefore wish to wait 10 business days after entry to file the application for an SSN, to minimize verification difficulties. Note that if you depart the U.S. while your SSN application is pending, the system may indicate your departure and your application may be suspended. You may then have to reapply for an SSN upon your re-entry to the U.S. We therefore recommend that you remain in the U.S. until your Social Security card is issued.

H-1B EXTENSIONS

Be sure to keep evidence of time spent outside the U.S. so that you may recapture this time, should you need to file an extension of H-1B status beyond the six (6) year limit. Evidence can include exit and entry stamps in your passport, plane tickets, itineraries, credit card statements, etc.

PERMANENT RESIDENCE

Please contact our office if you would like to initiate a permanent residence application. We recommend beginning the permanent residence application as early as possible so that you may be eligible to extend your H-1B status beyond the six (6) year limit.

If you have already applied for permanent residence and you are considering the use of your EAD/AP documents, please check  this article for more information about the benefits and drawbacks .

If you would like a hard copy of the H-1B petition and approval notice mailed to you, or you have any questions or concerns, please do not hesitate to contact the attorney or paralegal that handled your case. It is our pleasure to assist you in this matter.

Students seeking services can see our current  student services page , which includes virtual and in-person options. For J scholar and Employment-based services, please see our Contact Us page .

H-1B Travel Documents

Required documents for h-1b travel.

To re-enter the U.S. in H-1B status and resume employment, bring the following documents:

• Passport valid for six months beyond the duration of H-1B status (see dates on the I-797 approval notice)
• I-797 approval notice, original version (contact Berkeley International Office if the original version was lost or damaged)
• Letter verifying current employment from employing department (confirming continued employment, job title, annual salary, and dates of employment as listed on your I-797 H-1B approval notice), dated within one month of the visa interview or re-entry 
• Most recent UC Berkeley pay statements (last 3 months)
• H-1B valid visa stamp (not necessary for Canadian citizens)
• Copies of forms I-129
• Copy of Certified Labor Condition Application filed on the employee's behalf by the Berkeley International Office
• Curriculum vitae
• Additional documents may be required, check with embassy. These may include evidence of meeting required qualifications etc.

If your visa has expired or you have changed your status to H-1B within the U.S. :

Obtain an H-1B visa stamp at a U.S. Consulate before returning to the U.S. Present the above-mentioned travel documents to the consulate.

If you have a valid H-1B visa issued with a prior employer's name:

The visa remains valid until the date of its expiration. H-1B employees who change employers in the U.S. may use the previously issued H-1B visa to apply for admission to the U.S. if the dates are still valid. Employees must carry all the other travel-related documents to re-enter the country successfully.

US Department of State Announces New Domestic Visa Renewal Pilot Program:

• The US Department of State has posted information and FAQs on the pilot program to allow certain H-1B nonimmigrants to renew their visas in the U.S. Applications will be accepted from January 29, 2024 to April 1, 2024, or until all application slots are filled, whichever comes first. See the US Department of State website: Domestic Renewal of H-1B Visas for Certain Applicants
• Eligibility is limited to a narrow group of individuals. Individuals can check if they are eligible for this program by using the Navigator Tool on the website that says "Am I Eligible for Domestic Renewal" . Individuals who do not meet the requirements, or those who choose not to participate in the pilot program, may continue to apply for visa renewal at a U.S. embassy or consulate overseas.

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• Obtaining a Visa

Before you begin to work at IUPUI, your hiring department must submit your H-1B Employee E-Form and supporting documents. If you are applying from abroad, you must also apply for an H-1B visa stamp at a US Embassy or Consulate to enter the United States.

If you are a Canadian citizen, you do not need an H-1B visa stamp to enter the United States. You only need the H-1B Approval Notice (Form I-797) and your passport.

The typical USCIS processing time for H-1Bs is four to six months. For faster USCIS processing, your department can choose to pay for premium processing . The USCIS processing time for premium-processed H-1Bs is fifteen days.

Once your H-1B application gets approved you need to follow the three steps below.

Schedule a Visa Appointment (If Applying from Abroad)

We will email you after your application has been approved, and also provide you with the original H-1B approval notice and a copy of the H-1B application as filed (including Form ETA 9035, the Labor Condition Application). If you are applying from abroad, you should schedule your visa appointment and interview at the nearest U.S. consulate .

The interview is a requirement for getting your visa stamp, which you need in order to enter the United States. You must get the stamp from a U.S. consulate outside the country. You cannot get it inside the United States.

Wait times for appointments and for visa approvals can vary. To see how long this process takes in your country, read the Department of State’s visa wait time information .

Prepare Your Documentation

We recommend that you take the following documents to your visa interview:

A valid passport

Original H-1B approval notice (I-797)

A current letter from the IU department that hired you. The letter must confirm your employment, title, and salary.

A photocopy of your H-1B petition (Form I-129), including the Labor Condition Application (Form ETA 9035)

If you lived in the United States previously, documentation that you resided here legally. Examples include a previous I-20, an IAP-66 or DS-2019, and an I-797 from other employers.

The consulate where you have your interview may require additional documents.

Plan for Security Clearances

The consulate may require security clearances before it will issue your H-1B visa stamp. The requirement may be because of your name, birth country, country of citizenship, field of study, or field of research. Security clearances can take two to six weeks, or more than six weeks in rare cases. Plan for these wait times when you make arrangements to travel to the United States.

Can OIA Help Me Get My H-1B Status?

Yes! We are here to help employees and departments throughout this process. Please contact us by email: [email protected] for more information.

How Do I Extend My H-1B Status?

The steps to extend your status are the same as the steps to apply for your initial status. This must be initiated by your campus department. Please talk to your host professor about extending your H-1B status.

Remember: You can maintain H-1B status for a maximum of six years. Your initial H-1B status can be granted for up to three years, and you can renew your status for up to three additional years.

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USCIS Announces Interim Rule on H-1B Visas

USCIS Releases Preliminary Number of FY 2009 H-1B Cap Filings

USCIS Extends Comment Period for Proposed Change to H-2A Program

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17-Month Extension of Optional Practical Training for Certain Highly Skilled Foreign Students

DHS Begins Collecting 10 Fingerprints from International Visitors at Hartsfield-Jackson Atlanta International Airport

Hague Convention on Intercountry Adoption Enters into Force

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USCIS Modifies Application for Employment Authorization Previous Versions of Form I-765 Accepted until July 8, 2008

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Advance travel planning and early visa application are important. If you plan to apply for a nonimmigrant visa to come to the United States as a temporary visitor, please review the current wait time for an interview using the tool below. Not all visa applications can be completed on the day of the interview; please read the information below for more details .

Check the estimated wait time for a nonimmigrant visa interview appointment at a U.S. Embassy or Consulate.

Note: Please check the individual Embassy or Consulate website to determine if your case is eligible for a waiver of the in-person interview.

Applicants scheduling visa appointments in a location different from their place of residence should check post websites for nonresident wait times.

Select a U.S. Embassy or Consulate:

Global Visa Wait Times

Wait Time for Interview

The estimated wait time to receive a nonimmigrant visa interview appointment at a U.S. embassy or consulate and is based on workload and staffing and can vary from week to week. The information provided is an estimate and does not guarantee the availability of an appointment.

Wait Time for Interview Waiver

Wait times for applicants eligible for Interview Waiver are applicable only for locations where applicants schedule appointments to submit their passport and any required documents to a U.S. embassy or consulate. The wait time estimate does not account for the time required for a consular officer to adjudicate the application nor mailing time of passports or other documents. Refer to the website of the Embassy or Consulate Visa Section where you will apply to determine your eligibility for Interview Waiver and for instructions for submitting a nonimmigrant visa application. Note that applicants must be a national or resident of the country where they are applying to be eligible to apply via Interview Waiver.

Qualifications for an Expedited Interview Appointment

Consular sections overseas may be able to expedite your interview date if there is an urgent, unforeseen situation such as a funeral, medical emergency, or school start date. The process to request an expedited nonimmigrant visa interview varies by location. You should refer to the instructions on the website of the Embassy or Consulate Visa Section  where you will interview, or on their online appointment scheduling site. You will need to provide proof of the need for an earlier appointment.

In all cases : You must first submit the online visa application form (DS-160), pay the application fee, and schedule the first available interview appointment. Only at this point will a consular section consider your request for an expedited appointment.

Note: Travel for the purpose of attending weddings and graduation ceremonies, assisting pregnant relatives, participating in an annual business/academic/professional conference, or enjoying last-minute tourism does not qualify for expedited appointments. For such travel, please schedule a regular visa appointment well in advance.

These estimates do not include time required for administrative processing, which may affect some applications. When administrative processing is required, the timing will vary based on individual circumstances of each case.

There are only two possible outcomes for U.S. visa applications. The consular officer will either issue or refuse the visa. If a visa applicant has not established that he or she is eligible for a visa, the consular officer must refuse that application. However, some refused visa applications may require further administrative processing. When administrative processing is required, the consular officer will inform the applicant at the end of the interview. The duration of the administrative processing will vary based on the individual circumstances of each case. At the conclusion of the administrative processing period, the consular officer might conclude that an applicant is now qualified for the visa for which he or she applied. The officer may also conclude that the applicant remains ineligible for a visa. Visa applicants are reminded to apply early for their visas, well in advance of the anticipated travel date.

Important Notice:   Except in cases of emergency travel (i.e. serious illnesses, injuries, or deaths in your immediate family), before making inquiries about status of administrative processing, applicants should wait at least 180 days from the date of interview or submission of supplemental documents, whichever is later.

About Visa Processing Wait Times – Nonimmigrant Visa Applicants

Information about nonimmigrant visa wait times for interviews and visa processing time frames are shown on this website, as well as on U.S. Embassy and Consulate websites worldwide. It should be noted that the “Wait Times for a Nonimmigrant Visa to be Processed” information by country does not include time required for administrative processing. Processing wait time also does not include the time required to return the passport to applicants, by either courier services or the local mail system.

In addition, it is important to thoroughly review all information on the specific  Embassy or Consulate Visa Section website  for local procedures and instructions, such as how to make an interview appointment. Embassy and Consulate websites will also explain any additional procedures for students, exchange visitors and those persons who need an earlier visa interview appointment.

About Wait Times

* Calendar days refers to every day of the week, including days when embassies are closed (such as weekends and holidays).

† Work days refers only to days when the embassy is open and does not include weekends and holidays.      

‡ A, G, and NATO applications are excluded from these wait times, as they are processed separately.

Immigrant Visa Interview-Ready Backlog Report

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Indian Citizen on H1B Visa: Countries You Can Visit Without Needing A Visa

Last updated: Dec 7, 2022

As I myself have traveled a lot (on an H1B visa in the past) and run this blog on world travel, I have compiled the ultimate checklist for visa-free travel destinations for Indian citizens  living in the United States .

There are as many as 18 countries that would allow an Indian citizen to enter their borders with a valid US single or any multiple-entry visa (F1, H1, B1, etc.) for tourism purposes for up to 6 months. Are you happy? Let’s take a look.

Read: How to Overcome Travel Visa Hassles as an Indian

H1B Visa Free Travel for Indians

Photo: Sun, sand, sea / The Art of Travel Partners

• Philippines (14 days for holders of either a valid USA, Japanese, Australian, Canadian, Schengen, Singapore or UK visa or permanent resident)
• South Korea (30 days, Visa not required for holders of a valid visa for Australia, Canada, Japan, New Zealand or the USA)
• Taiwan (30-day online travel authority is available to the citizens of India with permanent residency or valid visa of Australia, Canada, Japan, New Zealand, Schengen countries, UK or USA)
• Georgia (90 days for holders of valid visa or residence permit issued by USA, UK, Japan, Canada, Australia, New Zealand, Israel, South Korea, Schengen and GCC countries)
• Serbia (90 days for valid visa holders and residents of the European Union member states and the USA)
• Montenegro (30 days for valid visa holders and residents of the European Union member states and USA)
• Albania (Visa not required up to 90 days for holders of a valid multiple-entry visa issued by the USA, UK or a valid multiple-entry C visa issued by a Schengen Member)
• Bermuda (90 days for holders of a multiple-entry visa issued by Canada, USA or the United Kingdom and valid for at least 45 days beyond the period of intended stay in Bermuda)
• Mexico (Visa not required for any valid USA visa holders to enter Mexico with tourist, transit & business purposes. Legal Permanent Residents of USA, Canada, Japan, United Kingdom & Schengen States do not require visa to enter Mexico with tourist, transit & business purposes)
• Dominican Republic (90 days for holders of a valid visa issued by Canada, USA or any EU Member State)
• Antigua and Barbuda (Visa on arrival if holding a valid visa or permanent resident card for the USA or Canada)
• Belize (No visa required for holders of multiple entry USA Visa or Green Card. Indian nationals are required to pay a repatriation fee of BZD1,200 i.e. ~USD600)
• Guatemala (Visa not required for holders of a valid visa issued by Canada, the USA or a Schengen Member State)
• Honduras (Visa free entry to holders of a valid visa issued by Canada, the USA or a Schengen Member State)
• Nicaragua (90 days (Fee USD20) applicable to holders of a valid visa issued by Canada, USA or a Schengen Member State)
• Costa Rica (30 days for holders of a valid visa issued by Canada, Japan, USA, EU or a Schengen Member State)
• Panama (Visa requirement waived for holders of a valid visa issued by USA, UK, Canada, Australia or any EU member state, which has been used at least once to enter those countries)
• Colombia (Visa not required for Nationals of India holding a valid “C” or “D” visa issued by a Schengen Member State or holding a valid visa issued by the USA)
• São Tomé and Príncipe (15 days for holders of a visa issued by the USA or a Schengen area member state)

US Territories

The following US Territories are essentially US soil, so you don’t need any visa as long as you board a direct flight from within the US or any destination to which you have a visa.

• Puerto Rico (a US Territory)
• US Virgin Islands (a US Territory)
• Northern Marianas (a US Territory)
• Guam   (a US Territory)
• American Samoa   (a US Territory)

Also, needless to mention, you can also fly and visit:

• Hawaiian Islands

Visa Free Travel for Indian Citizens

Photo: The Caribbean Nights / The Art of Travel Partners

Now that we have covered the H1B and F1 visa free travels, did you know your Indian passport lets you travel visa free as well?

As of January 2020, Indian citizens had visa-free or visa-on-arrival access to 52 countries and territories.

• Nepal (Indian citizens may live and work freely in Nepal under the terms of the 1950 Indo-Nepal Treaty of Peace and Friendship.) Read:  1950 Indo-Nepal Treaty of Peace and Friendship
• Mauritius (90 days of visa free stay)
• Micronesia (30 days of visa free stay)
• Saint Kitts and Nevis (90 days of visa free stay)
• Saint Vincent and the Grenadines (30 days of visa free stay)
• Senegal (90 days of visa free stay)
• Trinidad and Tobago (90 days of visa free stay)
• Vanuatu (30 days of visa free stay)
• Bhutan (As long as you wish to stay. Freedom of movement just like as in Nepal.)
• Dominica (180 days of visa free travel)
• Ecuador (90 days of visa free travel)
• El Salvador (90 days of visa free travel)
• Fiji (120 days of visa free travel)
• Grenada (90 days of visa free travel)
• Haiti (90 days of visa free travel)
• Hong Kong (14 days of visa free stay)
• Indonesia (30 days of visa free travel but *only from select ports of entry)
• Jamaica (As long as you wish to stay, no visa required)
• Samoa (60 days of visa free stay. Entry Permit on arrival)
• Suriname (90 days of visa free stay. Tourist Card on arrival. Available at Johan Adolf Pengel International Airport)
• Seychelles (30 days Visitor’s Permit on arrival)
• Laos (30 days Visa on arrival)
• Madagascar (30 days Visa on arrival)
• Malawi (Visa on arrival. They will give you an end date)
• Maldives (90 days Visa on arrival)
• Marshall Islands (90 days Visa on arrival)
• Mauritania (Visa on arrival. On the airport iteself they will give you an end date)
• Palau (30 days Visa on arrival)
• Saint Lucia (6 weeks Visa on arrival)
• Somalia (30 days Visa on arrival, provided an invitation letter issued by the sponsor has been submitted to the Airport Immigration Department at least 2 days before arrival)
• Tanzania (Visa on arrival. The immigration authorities will provide you your length of stay.)
• Thailand (15 days Visa on arrival. Visa fee of 1000 Thai Baht needs to be paid in Thai currency. Visa on Arrival has to be obtained at First point of Entry/Landing)
• Timor-Leste (30 days Visa on arrival)
• Togo (7 days Visa on arrival)
• Tuvalu (30 days Visa on arrival)
• Uganda (Visa on arrival)
• Bolivia (90 days Visa on arrival only at La Paz airport. Land entry requires prior Visa which is free of cost)
• Burundi (90 days Visa on arrival)
• Cambodia (30 days Visa on arrival. 35 USD to be paid in USD)
• Cape Verde (Visa on arrival. Generally 30-90 days)
• Comoros (Visa on arrival. Generally 30-90 days)
• Ethiopia (Visa on arrival. Generally 30-90 days)
• Guinea-Bissau (90 days Visa on arrival)
• Guyana (30 days Visa on arrival, provided holding a letter of invitation from sponsor or host; and contact details of sponsor, host or hotel; and two passport photos)
• Jordan (2 weeks Visa on arrival. Must hold US $1000)

Getting eVisa and Special Permits

Aya Sofia, Turkey

• Cuba (30 days Tourist Card (Tarjeta deTurista) which can be extended for another 30 days after arrival. Visitors who booked a package through an airline/travel agency usually receive the card on the plane before landing. The visitors can also buy a Tourist Card upon arrival at the José Martí International Airport in Havana)
• Turkey (e-visa can be applied and obtained online)
• Singapore (e-visa can be applied and obtained online)
• Tunisia (Visa not required for tours organized by a travel agency)
• United Arab Emirates (Tourist visa can be obtained online through Emirates and Etihad airlines)
• Vietnam (A 30 day visa can be obtained on arrival if prior Online approval has been obtained through a travel agency)
• Gabon (e-Visa, holders must arrive via Libreville International Airport)
• Sri Lanka (30 days Electronic Travel Authorisation)
• Kenya (90 days eVisa)
• Myanmar (28 days eVisa, holders must arrive via Yangon, Nay Pyi Taw or Mandalay airports)
• Rwanda (e-visa can be applied and obtained online)
• Bahrain (14 days e-visa can be applied and obtained online)
• Zambia (e-visa can be applied and obtained online)
• Zimbabwe (e-visa can be applied and obtained online)
• Côte d’Ivoire (90 days eVisa, holders must arrive via Port Bouet Airport)

Do I Need A Visa

As many of you have messaged me or commented that how can you keep track of the changes in future visa status? Well, here is the easy answer. You can bookmark this website. VisaHQ. Just type in your citizenship, where you currently live and where you would want to visit.

VisaHQ – Online Application & check for Visa Requirements

Usually, things do not change for years or decades. And when they do, they are often “very good” or “very bad”. In other words, either your country has made new agreements with another country or a country has severed its ties or changed its visa rules and/or relationships with your country.

Lastly, yes, any valid multiple-entry visa (such as H, B, F, etc) will be qualified.

Note: Always double check the destination country’s immigration website before booking any flights or trips. As many of you have rightly said, things can change and you don’t want to be caught off-guard.

Related Posts

• Nepali Citizen on H1B Visa | Countries You Can Visit Without Needing A Visa
• Can I travel with my expired passport with valid visa and new passport but no visa?
• US Green Card Holder: Countries You Can Visit Without Needing A Visa
• How to Obtain Argentina Travel Visa for Indian Passport Living in USA
• Schengen Area Travel Guide
• Visa Free Travel: US Citizens vs. Green Card Holders
• Visa Free Travel for US Citizens: Countries You Can Visit Without A Visa

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May 2, 2016 8:27 pm Published by Art Of Travel 2 Comments

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Technology | H-1B visa: Feds believe they fixed loophole…

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Technology | ‘good man’ or ‘danger to the community’ dueling views presented for pasadena radiologist in devil’s slide crash, technology | h-1b visa: feds believe they fixed loophole that opened way for massive fraud, expert says much more is needed on visa.

After U.S. Citizenship and Immigration Services in 2020 imposed a new, two-stage application process for the visa intended for workers with specialized skills, unscrupulous businesspeople colluded to game the lottery-based allocation system, a spokesman for the federal agency said.

The new process was meant to slash application costs by letting companies submit initial $10 “registrations” to get prospective foreign workers into the H-1B lottery, instead of paying thousands of dollars in fees and legal costs on a gamble with poor odds — only 85,000 new visas per year are issued, and applications typically number in the hundreds of thousands.

But a flaw in the process became apparent: There was no requirement for companies to submit information such as passport numbers that would identify individual would-be visa recipients. Soon after the new system began, a number of employers started creating new companies and working together to submit multiple registrations for the same workers to up their lottery odds, the agency spokesman said. Registrations skyrocketed from about 275,000 in the first year to nearly 800,000 last year, according to agency data.

“The kind of typical scheme would be a small number of employers forming dozens or more paper companies and registering hundreds if not thousands of workers repeatedly under those same paper companies to try to up the odds of any of those workers getting selected,” said the spokesman.

The perpetrators likely intended to use fraudulently obtained visas to outsource foreign workers to their client companies, the spokesman said.

Citizenship and Immigration launched aggressive investigations last year, and agency officials referred an undisclosed number of suspected perpetrators to law enforcement agencies for possible fraud prosecutions, the spokesman said. The number of final applications submitted to the agency indicated that its public messaging about the fraud crackdown appeared to push many of those who gamed the registration process to abandon their efforts even if they had succeeded in the lottery, he said.

For the registration process earlier this year, Citizenship and Immigration changed the rules to require individually identifying passport or travel-document numbers. The number of registrations plunged to about 480,000, a number the agency believes represents largely legitimate applicants and strong demand for the visa. The data “indicates that there were far fewer attempts to gain an unfair advantage than in prior years,” the agency said in a news release.

The most recent research, by the Bay Area Council, showed nearly 60,000 foreign citizens were approved to work for Bay Area companies under the H-1B in 2019. The businesses targeted for fraud prosecution were not identified by name, so it remains unclear whether any are in the Bay Area.

In Silicon Valley, skilled immigration powers world-leading innovation, said Peter Leroe-Muñoz, senior VP of technology and innovation at Silicon Valley Leadership Group, which lobbies to expand the annual H-1B cap and whose membership includes the region’s technology giants. “Silicon Valley companies are competing globally to attract and retain talent,” Leroe-Muñoz said. “H-1B visas are essential for maintaining U.S. leadership in technologies like AI, quantum computing, autonomous vehicles and semiconductors. All of those technologies rely on that infusion of global talent.”

But data suggest that to some extent, the visa has been used to hire cheaper foreign labor. A 2020 report by the left-leaning Economic Policy Institute concluded that 60% of H-1B jobs certified by the U.S. Department of Labor were assigned wage levels well below local median pay for the occupation.

Allegations that American workers lose jobs and opportunities to foreign citizens on the H-1B have made the visa a flashpoint in the nation’s immigration debate .

Howard University professor Ron Hira, who studies the visa, called the government’s apparent success against application fraud “small potatoes” and said federal officials must do more because oversight is lax.

“Employers systematically steal H-1B workers’ wages, place them in poor working conditions, and widely use the program to replace U.S. workers and offshore their jobs,” Hira said, adding that several cases have come to light of U.S. workers training their H-1B replacements, including at the University of California .

Many IT staffing companies break the H-1B rules by obtaining the visa for workers despite not having ready clients for them and keeping them waiting offshore, Hira alleged.

“This kind of fraud is much bigger and more damaging,” said Hira, a co-author of the Economic Policy Institute report.

Selecting visa recipients by lottery favors the outsourcing companies and should be replaced by a system that awards visas based on highest salary, Hira argued.

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