Rights and Obligations of an H-1B Visa Holder

Holding an H-1B visa comes with specific rights and obligations for both the employee and the employer:

• H-1B visa holders can only work for the employer who sponsored the visa in the position specified in the petition. Any changes in employment status, such as a job change or promotion, may require a new petition.
• The H-1B visa is valid for three years, with the possibility of an extension for an additional three years, for a total of six years.
• Spouses and unmarried children under 21 of H-1B visa holders are eligible to apply for H-4 visas. Certain H-4 visa holders may also be eligible to work if they apply for and receive an Employment Authorization Document (EAD).

DID You know

It’s Expected that U.S. companies will continue to rely on skilled foreign workers, especially in tech and healthcare. Don’t miss your chance to work in the U.S.—we’re here to guide you every step of the way!

Common Reasons for Denial of an H-1B Visa

Despite its popularity, the H-1B visa is not guaranteed, and there are several common reasons for denials:

• Missing or incomplete documents, such as proof of educational qualifications, can result in denial.
• USCIS determines that the position does not meet the criteria of a specialty occupation, the petition may be denied.
• If the employer cannot prove their ability to pay the worker’s wage or meet the conditions stated in the LCA, the visa petition may be denied.

Bringing Dependents to the U.S. on an H-1B Visa

H-1B visa holders can bring their spouses and children (under 21 years of age) to the U.S. under the H-4 visa. While H-4 visa holders are allowed to live and study in the U.S., work authorization is limited to specific circumstances. Spouses of H-1B visa holders may be eligible to work if they obtain an Employment Authorization Document (EAD), typically if the H-1B holder is in the process of transitioning from an H-1B visa to a green card.

“As an immigration consultant noted, “The ability to bring dependents on an H-1B visa provides security for families, but it’s important to understand the specific work restrictions for H-4 visa holders.”

Extending an H-1B Visa

An H-1B visa is initially granted for three years, but it can be extended under certain conditions:

• To extend the H-1B visa, the employer must file another Form I-129 with USCIS before the visa expires.
• The visa can be extended for an additional three years, bringing the total validity period to six years.
• Workers in the process of obtaining a green card may be eligible for further extensions beyond six years under the American Competitiveness in the Twenty-First Century Act (AC21).

H-1B Visa and Permanent Residency Options

One of the greatest advantages of the H-1B visa program is the possibility of transitioning from H-1B to a green card. Since the H-1B visa allows dual intent, workers can apply for permanent residency while holding H-1B status. The H-1B to green card process typically follows these steps:

• The employer must first file a PERM Labor Certification with the U.S. Department of Labor, proving that they cannot find qualified U.S. workers for the position.
• Once the PERM is approved, the employer files Form I-140 with USCIS to petition for the worker’s permanent residency.
• The foreign worker files Form I-485, Application to Register Permanent Residence, allowing them to transition from non-immigrant H-1B status to a green card holder.

How Bay Area Immigration Services (BAIS) Can Help You

At Bay Area Immigration Services (BAIS), we offer specialized consultancy for the H-1B visa and the entire H-1B to green card process. Navigating the complexities of U.S. immigration laws can be overwhelming, especially with evolving regulations and strict requirements. Our dedicated team of immigration consultants is here to provide you with customized assistance, ensuring that every step of your H-1B journey is managed with care and attention to detail.

For U.S. employers, we streamline the process of hiring foreign talent by managing the filing of the Labor Condition Application (LCA), preparing the H-1B petition, and ensuring that all compliance requirements are met. We work closely with companies to develop solutions that align with their business needs while ensuring full immigration compliance. For foreign workers, we provide comprehensive support, from helping you understand the H-1B visa requirements to preparing your documentation for a successful visa application.

Whether you are applying for an H-1B visa for the first time, extending your visa, or transitioning from H-1B to a green card, we are here to guide you. Our goal is to make the immigration process as smooth and stress-free as possible. With extensive experience handling complex cases, our team will walk you through each step, offering personalized guidance and support. At BAIS, we are committed to helping you succeed in your U.S. immigration journey.

Conclusion

The H-1B visa is a crucial pathway for skilled professionals to work in the U.S., providing opportunities in fields like technology, engineering, and healthcare. For employers, it helps fill specialized roles, while foreign workers gain valuable career and residency options, including the potential to transition from H-1B to a green card. Navigating the process can be complex, with strict requirements and timelines.

At Bay Area Immigration Services (BAIS), we provide personalized guidance for H-1B visa applications, extensions, and permanent residency transitions. Whether you’re an employer or a professional, we are here to support your journey to success in the U.S.