Key Takeaways

  • The H-1B visa allows foreign workers in specialty occupations to work in the U.S. for up to six years.
  • Annual cap limits availability to 85,000 visas, including a 20,000 quota for advanced degree holders.
  • H-1B status grants benefits like dual intent, travel flexibility, and the ability to invest in U.S. assets.
  • Costs vary by employer size, with fees ranging from $1,570 to $3,320 plus legal fees.
  • Eligibility requires a bachelor's degree or equivalent, employer sponsorship, and an approved Labor Condition Application.
  • Checking H-1B status is possible through the USCIS case status tracking system, email, or phone.
  • New H-1B electronic registration system requires employers to pre-register their petitions online.
  • Extensions beyond six years are available under specific conditions, such as an approved green card petition.
  • H-1B amendments are required for material job changes, location changes, or employer transfers.

What Is an H-1B Visa Status?

An H-1B visa allows a foreign national to work temporarily in the United States. Once an immigrant attains an H-1B visa, they may hold the H-1B visa status for up to six years. This is then renewable every three years if approved by the United States Citizenship and Immigration Services (USCIS). An employer files a petition for the H-1B visa on the worker's behalf with the U.S. Department of Immigration.

Why Is an H-1B Visa Status Important?

An H-1B visa status is important to keep you in the country to work. Each year, only 85,000 are available. Of these 85,000, 20,000 H-1B visas are available only to workers that hold a master's degree or higher from an accredited U.S. university or college. This limit is referred to as the H-1B cap.

H-1B status is granted for three years and may be renewable for one-year or three-year increments. To get an extension after six years, H-1B visa holders must apply for employment-based permanent residence. This is also known as a green card. Aliens working on projects for the Department of Defense may receive H-1B status for up to 10 years. You can get an H-1B restamping at any U.S. Embassy or Consulate after approval.

What Are the Advantages of an H-1B Visa?

Compared to other visas, the H-1B visa is quick and easy to get for qualified workers. Once the petition is approved by the USCIS, you can legally work and live in the United States as a non-immigrant. H-1B status also allows you to travel freely both internationally and domestically without need for Advance Parole or an Employment Authorization Document (EAD). This travel must be within the valid dates of the visa.

Another perk of H-1B status is dual intent. Under the dual intent doctrine, a person can seek permanent residency while already residing and working in the U.S. Children, spouses, and family members also become eligible for permanent residency under dual intent. Even when family members are trying to get permanent residency, this doesn't affect your H1 or their H4 status. 

H-1B status also allow you to:

  • Purchase a home, real estate, or other property
  • Invest in mutual funds, stocks, commodities, futures, etc.
  • Go on vacation
  • Take maternity, paternity, and sick leave
  • Go on strike
  • Purchase lottery tickets
  • Become inactive or unemployed if you are in the process of applying for a green card 

How Much Does an H-1B Visa Cost?

Your employer pays for the H-1B petition. Costs vary based on the size of the company. The USCIS charges:

  • Employers with 1 to 25 full-time workers
    • $320 base fee
    • $750 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
    • $500 fraud fee
    • $1,000 optional premium processing fee.
    • Total cost ranges from $1,570 to $2,570
  • Employers with 26 or more full-time workers
    • $320 base fee
    • $1,500 American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee
    • $500 fraud fee
    • $1,000 optional premium processing fee
    • Total cost ranges from $2,320 to $3,320

There also may be applicable lawyer and legal fees.

How Do I Qualify for an H-1B Visa?

  • Distinguished fashion models of merit and ability qualify for an H-1B visa.
  • You must hold at least a bachelor's degree or equivalent experience for a specialty job H-1B visa. Equivalent experience requires theoretical and practical application of specialized knowledge.
  • Your employer must get a Labor Condition Application (LCA) from U.S. Department of Labor before filing for an H-1B visa.
  • If you currently hold an H-1B visa status, provisions of the American Competitiveness in the Twenty-First Century Act (AC21). allow you to change the H-1B to a different employer. This is known as a portability provision.
  • If you hold or have held an H-1B visa in the past, you are typically exempt from H-1B cap restrictions.

After filing for H-1B status, you will receive a Notice of Action, or Form I-797 from the USCIS.

H-1B Electronic Registration Process

Since 2020, USCIS has implemented an H-1B electronic registration process to streamline applications. Employers must electronically register each beneficiary before submitting a petition.

  • Registration Fee: $10 per beneficiary
  • Selection via Lottery: If registrations exceed the cap, USCIS runs a random selection process.
  • Petition Submission: Only selected beneficiaries can file the Form I-129, Petition for a Nonimmigrant Worker.

Registration occurs annually before the start of the fiscal year (October 1). Employers should check the USCIS website for exact dates.

How Do I Check the Status of My H-1B Visa?

The USCIS is the official governing body and processor of H-1B visas. If you have already applied for an H-1B visa, you can check the status of the application by checking with the USCIS website. The USCIS uses the H-1B Visa Status Tracking System to determine the status of your application.

To use the website, you need the 13-digit alphanumeric receipt number that you received when filing. This receipt number starts with WAC, EAC, SRC, or LIN, which signifies the service center where the application is being processed. If you do not have the receipt number, contact your employer or sponsor to get it. To check the status online:

  • Go to the USCIS Case Status Search.
  • Enter the 13-digit receipt number correctly without spaces. The number isn't case sensitive.
  • Click on Check Status.
  • Get the information and sign up for email notifications.

The USCIS maintains detailed record of processing times. For quicker status updates, applicants must also have:

  • Classification or basis for filing
  • The correct processing center
  • Petition and form type

For those who do not have internet access, the H-1B Visa Status Tracking System is also available by touch-tone phone or email:

These are all automated systems with no operator. It will give you the starting date of your application filing and the time frame for approval of your H-1B visa. You can check both immigrant and non-immigrant visa applications, visa transfers, and visa extensions.

You can also review the status of green card petitions and other classifications including:

  • Green card applications, or Form I-130
  • Form I-140
  • Form I-145
  • Advance Parole
  • EAD
  • Citizenship

Applications moved to the National Visa Service Center (NVC) may not be available for a status check.

Another way to check your H-1B status is the USCIS Electronic Immigration System or the USCIS e-Request Portal.

  • USCIS Electronic Immigration System
    • This system applies to forms including the I-90, I-131, I-140, I-159, I-765, I-821, and I-907
    • Aside from checking status, you can also update contact information and respond to a request for evidence.
  • USCIS e-Request Portal
    • This is a special request system that provides information on:
      • Cases outside normal processing times
      • Typographical errors
      • Failure to receive card or notice by mail
      • Change of address
      • Appointment accommodations

The H-1B Tracker System allows you to track H-1B status. You can also join forums to learn and share stories with other applicants.

Understanding H-1B Processing Times

H-1B petitions undergo various processing stages. Typical timeframes include:

  • Regular Processing: Can take 3-6 months depending on USCIS workload.
  • Premium Processing: Employers can pay an additional $2,500 for a 15-day expedited decision.
  • Administrative Processing: If USCIS requests additional evidence, expect delays of several weeks.

To check processing times, visit the USCIS Case Processing Time tool and select your visa category and service center.

Common Status Check Messages

  • Name Was Updated: Frequently, applicants may see "Name Was Updated" on their status. Though scary and misleading, this usually just shows a clerical error. It also means that the USCIS is processing your case.
  • Fee Will Be Refunded: This means your employer paid too much for the application. The amount is refunded to them after visa approval.

H-1B Visa Status Extensions

In some instances, H-1B status may be extended beyond six years when:

  • You get an approved I-140 petition

or 

  • You are getting back time spent out of the U.S. over the six-year period

One-year extensions are also granted for any of these individual reasons:

  • It has been 365 days since the labor certification filing or an employment-based petition.
  • You reapply before the labor certification expires.
  • You submit an advanced filing. This means you apply for an H-1B extension after six years, but within 6 months of the new requested start date.

To obtain a three-year extension, you must meet one of the following requirements:

  • You must gain approval of an EB-1, EB-2, or EB-3 petition.
  • Current H-1B status is not required.
  • Advance filing, the same as the one-year extension

Required documents for an H-1B status extension include:

  • From the Employer:
    • A detailed job description.
    • Company brochure and marketing material.
    • Copy of the company's Articles of Incorporation.
    • Copy of job offer letter signed by petitioner and visa applicant. This should include salary and job title.
    • Copy of business plan, annual report, or financial statements.
  • From the Applicant:
    • Copies of all visas
    • Copy of I-94, given at time of entry to the U.S.
    • Copy of I-797 approval notice
    • Copy of university diplomas and transcripts
    • Copy of academic evaluation from foreign universities
    • Resume
    • Proof of employment including pay stubs or leave of absence letter

H-1B Amendments and Transfers

An H-1B amendment is required when there are significant changes to an employee’s job role, location, or employer. Situations requiring an amendment include:

  • Change in Job Location: A new LCA is required if the worksite moves outside the initial metro area.
  • Material Job Changes: If the employee’s role shifts significantly, an amendment must be filed.
  • Mergers & Acquisitions: If a company undergoes restructuring, a new H-1B petition may be required.

H-1B holders can also transfer to a new employer without affecting their legal status. The new employer must file an H-1B transfer petition, and the employee can begin working upon USCIS receipt of the petition.

Additional Considerations for H-1B Visa Holders

Dependent Family Members

Spouses and unmarried minor children of H-1B visa holders can reside in the U.S. under H-4 status. However, they are generally not permitted to work unless eligible for an Employment Authorization Document (EAD) under specific circumstances, such as the principal H-1B visa holder having an approved I-140 immigrant petition.

Self-Employment and Work Restrictions

H-1B status is tied to employer sponsorship, meaning self-employment is not allowed. An employer must petition the U.S. Citizenship and Immigration Services (USCIS) on behalf of the worker. Additionally, H-1B visa holders cannot work as freelancers or independent contractors.

Foreign Residency Requirements

Unlike some other non-immigrant visa categories, H-1B holders are not required to maintain a foreign residence. This flexibility allows individuals to apply for permanent residency (green card) while residing and working in the U.S.

Working for Multiple Employers

H-1B visa holders can work for multiple employers, but each employer must file a separate H-1B petition on their behalf. Employment can begin with the new employer as soon as USCIS receives the new H-1B petition.

Switching to H-1B from Another Visa

Individuals already in the U.S. on a different visa can change their status to H-1B by having their employer file a petition with USCIS. If the applicant is outside the U.S., they must apply for an H-1B visa at a U.S. consulate or embassy after USCIS approves the employer’s petition.

H-1B Visa Lottery and Application Timing

H-1B visas are subject to an annual cap of 85,000, including a 20,000 quota for applicants with a U.S. master’s degree or higher. Due to high demand, USCIS uses a lottery system to randomly select petitions. Early filing is crucial, as visas can be claimed within days of the application window opening.

Common H-1B Visa Petition Status Updates

USCIS case tracking will display different status messages at various stages of processing. Some common status updates include:

  • Case Was Received and a Receipt Notice Was Emailed
  • Case Was Received
  • Response to USCIS' Request for Evidence Was Received
  • Case Was Approved
  • Fees Will Be Refunded
  • Request for Additional Evidence Notice Was Mailed
  • Decision Notice Mailed
  • Name Was Updated

H-1B Visa Processing Steps

The H-1B visa adjudication process involves multiple steps, including:

  1. Electronic Registration (Pre-Filing Stage) – Employers register beneficiaries in USCIS’s online system.
  2. Lottery Selection (If Cap Is Exceeded) – Randomized selection process determines which applications move forward.
  3. Filing of Form I-129 (Petition Stage) – If selected, the employer files Form I-129 along with supporting documents.
  4. Processing and Decision – USCIS reviews the petition, issues approvals, requests additional evidence, or denies applications.
  5. Visa Stamping (If Outside U.S.) – If approved, the applicant must obtain an H-1B visa from a U.S. consulate before entry.

H-1B Status and Employer Changes

If an employer undergoes a merger, acquisition, or restructuring, H-1B employees can continue working without reapplying, provided their job duties remain the same. If job responsibilities change significantly, a new H-1B petition or amendment may be necessary.

H-1B Visa Expiration and Extensions

If an H-1B visa expires before renewal approval, the visa holder may be in violation of immigration law. However, USCIS allows work for up to 240 days beyond expiration if a timely extension request has been filed.

Additionally, H-1B workers can extend status beyond six years if they:

  • Have an approved I-140 immigrant petition (green card process in progress).
  • Recapture time spent outside the U.S. during the six-year period.

H-1B Amendments

H-1B amendments are required when:

  • The job location changes significantly (outside the original metropolitan area).
  • The job role undergoes material changes.
  • The employer merges or is acquired, altering job responsibilities.

Even if an amendment is pending, an H-1B extension can still be filed to maintain legal work authorization.

Frequently Asked Questions

  1. What happens if my H-1B petition is denied?
    If denied, the employer may refile the petition, appeal, or consider alternative visa options.
  2. Can my spouse work on an H-4 visa?
    Certain H-4 visa holders with an approved I-140 petition can apply for work authorization.
  3. How long does an H-1B transfer take?
    Standard processing is 4-8 weeks, while premium processing takes 15 days.
  4. Can I travel while my H-1B extension is pending?
    Yes, but you may need to apply for H-1B restamping at a U.S. consulate abroad before returning.
  5. Do I need to maintain a foreign residence?
    No, H-1B visas allow dual intent, meaning holders can apply for permanent residency without proving foreign ties.

Securing H-1B visa status is a tricky matter for both the worker and the employer. Fortunately, the lawyers of UpCounsel can walk you through the steps to obtain lawful H-1B status in the U.S. If you need advice or consultation, post your legal need on the UpCounsel forum to talk to qualified immigration lawyers.