Frequently Asked Questions
Common questions about H-1B visas, work visa alternatives, employer sponsorship, and the immigration process. For guidance specific to your situation, schedule a free consultation.
H-1B Visa Basics
What is an H-1B visa?
The H-1B is a nonimmigrant work visa that allows U.S. employers to hire foreign workers in specialty occupations requiring at least a bachelor's degree or equivalent. It is the most widely used work visa for professionals in fields such as technology, engineering, finance, and healthcare.
How long is an H-1B visa valid?
An H-1B visa is initially granted for up to three years and can be extended for an additional three years, for a maximum of six years. Extensions beyond six years are available in certain circumstances, such as when an approved I-140 immigrant petition or a pending PERM labor certification has been filed.
What is the H-1B lottery and how does it work?
Because demand for H-1B visas exceeds the annual cap of 85,000 (65,000 regular plus 20,000 for U.S. advanced degree holders), USCIS conducts a random electronic registration and selection process each spring. Employers must submit registrations during the designated period, and selected registrations are then invited to file full H-1B petitions.
Who is exempt from the H-1B cap?
Certain employers are exempt from the annual H-1B cap, including institutions of higher education, nonprofit research organizations, and government research organizations. Workers who have already been counted against the cap within the past six years are also generally exempt when changing employers.
Can H-1B workers change employers?
Yes, H-1B workers can change employers through a process known as H-1B transfer. The new employer files a new H-1B petition on the worker's behalf, and the worker can begin employment with the new employer as soon as USCIS receives the petition, thanks to H-1B portability provisions.
What does 'specialty occupation' mean for H-1B purposes?
A specialty occupation is one that requires the theoretical and practical application of a body of highly specialized knowledge and at minimum a bachelor's degree in a specific field related to the position. USCIS evaluates whether the role itself qualifies and whether the worker's credentials match the requirements.
H-1B for Employers
What are the employer's obligations when sponsoring an H-1B worker?
Employers must pay the H-1B worker at least the required wage (the higher of the prevailing wage or actual wage), provide working conditions that do not adversely affect other workers, and maintain a public access file. The employer is also responsible for the cost of filing the petition and cannot require the worker to reimburse these fees.
How much does it cost to sponsor an H-1B employee?
The total government filing fees for an H-1B petition typically range from approximately $2,000 to $5,000 or more, depending on employer size and whether premium processing is requested. Additional costs include legal fees for petition preparation and prevailing wage determination. Employers with 25 or fewer full-time employees pay reduced fees for certain components.
What happens if an H-1B employee is terminated?
If an employer terminates an H-1B worker before the end of the authorized validity period, the employer must notify USCIS and offer to pay the reasonable cost of return transportation to the worker's home country. The worker is generally allowed a 60-day grace period to find a new employer to file a transfer petition or to depart the United States.
Can small businesses or startups sponsor H-1B workers?
Yes, any U.S. employer with a legitimate need for a specialty occupation worker can sponsor an H-1B visa, regardless of company size. Startups and small businesses may face additional scrutiny regarding their ability to pay the offered wage, which USCIS evaluates through financial documentation such as tax returns, audited financial statements, or bank records.
What is a Labor Condition Application (LCA)?
The LCA is a required filing with the Department of Labor that every employer must submit before filing an H-1B petition. In the LCA, the employer attests to paying the prevailing wage, providing appropriate working conditions, and not displacing U.S. workers. The certified LCA must be included with the H-1B petition filed with USCIS.
H-1B Transfer & Extension
How does an H-1B transfer work?
An H-1B transfer occurs when a new employer files an H-1B petition on behalf of a worker who is already in H-1B status. Under H-1B portability rules, the worker can begin employment with the new employer as soon as USCIS receives the new petition, without waiting for approval. The worker must have been in valid status at the time of filing.
How far in advance should I file an H-1B extension?
It is recommended to file an H-1B extension at least four to six months before the current status expires. If the extension is filed before the expiration date, the worker may continue working for up to 240 days while the extension is pending, even if the original status has expired. Filing early helps avoid any gaps in employment authorization.
Can I extend my H-1B beyond six years?
Yes, extensions beyond the six-year maximum are available under the American Competitiveness in the Twenty-First Century Act (AC21). If you have an approved I-140 or if a PERM labor certification was filed at least 365 days before your six-year limit, you may be eligible for one-year or three-year extensions beyond the standard maximum.
What happens to my H-1B status if my transfer petition is denied?
If your H-1B transfer petition is denied after you have already begun working for the new employer, you must stop working for that employer immediately. However, if your previous H-1B status has not yet expired, you may be able to return to your prior employer. This situation can be complex, and prompt legal guidance is critical to preserving your status.
Can I work for multiple H-1B employers at the same time?
Yes, you can work for multiple employers simultaneously, but each employer must file its own H-1B petition. There is no limit to the number of concurrent H-1B petitions, and each petition must independently satisfy all H-1B requirements including the LCA, prevailing wage, and specialty occupation criteria.
Work Visa Alternatives
What is an O-1 visa and who qualifies?
The O-1 visa is for individuals with extraordinary ability or achievement in their field, including sciences, arts, education, business, or athletics. Qualification requires evidence of sustained national or international acclaim, demonstrated through criteria such as major awards, published material, original contributions of major significance, or a high salary relative to peers in the field.
How does the L-1 visa differ from the H-1B?
The L-1 visa is for intracompany transferees who have worked for the same employer (or a related entity) abroad for at least one continuous year within the preceding three years. Unlike the H-1B, the L-1 has no annual cap and does not require a labor condition application. The L-1A is for managers and executives, while the L-1B is for employees with specialized knowledge.
What are the employment-based green card categories?
Employment-based green cards are divided into five preference categories. EB-1 is for priority workers with extraordinary ability, outstanding researchers, or multinational managers. EB-2 is for professionals with advanced degrees or exceptional ability. EB-3 covers skilled workers and professionals with bachelor's degrees. EB-4 and EB-5 are for special immigrants and investors, respectively.
Is the TN visa a good alternative to the H-1B?
The TN visa is available to Canadian and Mexican citizens in designated professional occupations under the United States-Mexico-Canada Agreement (USMCA). It offers significant advantages including no annual cap or lottery, relatively quick processing (especially for Canadians who can apply at the border and often receive same-day approval), and renewable three-year validity with no maximum total stay. Seattle's proximity to Canada makes the TN especially practical for professionals in the Vancouver–Seattle corridor. However, the TN does not allow dual intent, which can complicate long-term green card planning. Many professionals use the TN as an initial entry point and later transition to an H-1B when ready to pursue permanent residence.
What is the E-2 treaty investor visa?
The E-2 visa allows nationals of treaty countries to enter the U.S. to direct and develop a business in which they have invested a substantial amount of capital. There is no minimum investment amount specified by law, but the investment must be sufficient to ensure the successful operation of the enterprise. The E-2 is renewable indefinitely but does not directly lead to a green card.
Green Card Process
What is the PERM labor certification process?
PERM (Program Electronic Review Management) is the process by which an employer obtains a labor certification from the Department of Labor, certifying that no qualified U.S. workers are available for the position. The employer must conduct a prescribed recruitment process, including job postings and advertisements, and demonstrate that the offered wage meets the prevailing wage. PERM certification is required for most EB-2 and EB-3 green card petitions.
How long does the employment-based green card process take?
The total timeline varies significantly depending on the preference category and country of birth. The PERM process itself typically takes 6 to 18 months, the I-140 petition takes several months to a year (or 15 business days with premium processing), and the adjustment of status depends on visa number availability. For applicants from India in the EB-2 or EB-3 categories, the overall process can span many years due to per-country backlogs.
What is priority date porting and when is it useful?
Priority date porting allows you to retain the priority date from an earlier approved I-140 petition and apply it to a new green card case, even with a different employer or in a different preference category. This is particularly valuable for individuals with long wait times who change employers or who become eligible for a different category, as it preserves their place in the queue.
Can I file for adjustment of status while on an H-1B visa?
Yes, H-1B visa holders can file Form I-485 for adjustment of status when their priority date is current according to the Visa Bulletin. The H-1B is a dual intent visa, meaning you can maintain temporary worker status while simultaneously pursuing permanent residence. You can also continue working on your H-1B while the I-485 is pending.
What happens if my employer withdraws the green card petition?
If your employer withdraws the I-140 petition within 180 days of filing, the petition is revoked and your priority date may be lost. However, if the I-140 has been approved for at least 180 days before withdrawal, it remains valid for priority date retention purposes even if revoked by the employer. If you have a pending I-485 for 180 days or more, you may also be able to port to a new employer under AC21 provisions.
Seattle & Washington State
Why is Seattle a major hub for H-1B visa sponsorship?
Seattle is home to some of the largest technology employers in the world, including major companies in cloud computing, e-commerce, software development, and aerospace. These industries have significant demand for specialized talent, making the Seattle metropolitan area one of the highest-volume regions for H-1B petitions in the country. The region's strong university system also contributes to a pipeline of advanced-degree talent.
How do Seattle prevailing wages compare to other cities?
Seattle-area prevailing wages are among the highest in the nation, reflecting the region's high cost of living and competitive labor market. For common H-1B occupations in software development and engineering, prevailing wages in the Seattle-Tacoma-Bellevue metropolitan statistical area are significantly higher than national averages. This means employers in the region should budget accordingly when planning H-1B sponsorship.
Does Washington State have any additional requirements for employers sponsoring foreign workers?
Washington State does not impose its own visa sponsorship requirements beyond federal immigration law. However, Washington's employment laws, including minimum wage, paid sick leave, and non-compete restrictions, apply to all workers including H-1B employees. Employers should ensure their compliance programs address both federal immigration obligations and state employment law requirements.
Are there advantages to working with a Seattle-based immigration attorney?
While immigration law is federal, working with a local attorney offers practical advantages. A Seattle-based firm understands the regional employer landscape, prevailing wage dynamics, and the specific industries driving demand for work visas. Local attorneys can also coordinate in-person consultations, attend local USCIS field office appointments, and provide guidance informed by their experience with the Seattle-area immigration ecosystem.
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