H-1B Visa – All Your Questions Answered!
🎓 If you’re an international student in the U.S. on an F-1 visa and wish to stay after graduation, the H-1B visa may be your next step.
This visa allows you to work in the U.S. temporarily — and can be a bridge toward a Green Card.
💡 What is an H-1B Visa?
The H-1B visa is a non-immigrant professional visa that lets U.S. employers hire foreign workers for specialized jobs.
Employers must:
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File the petition with U.S. Immigration,
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Submit all required documents, and
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Pay the visa fees.
✅ Advantage: It lets you stay and work in the U.S. after graduation.
⚠️ Disadvantage: Limited flexibility — you can typically work only for your sponsoring employer. Changing jobs requires new documentation.
🎓 F-1 to H-1B: Change of Status
After graduation, you have two options:
1️⃣ Apply directly for H-1B, or
2️⃣ Use OPT (Optional Practical Training) — 12 months of authorized work in your field.
OPT gives you practical experience while you search for an H-1B sponsoring employer.
Once OPT ends, you’ll need to change your visa status or leave the U.S.
🧾 H-1B Eligibility Requirements
To qualify for an H-1B visa, you must:
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Hold at least a bachelor’s degree (or equivalent experience — 3 years of work = 1 year of education)
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Have a job offer from a U.S. employer who can prove no qualified U.S. worker was available
🏢 Application Process
Your employer must:
1️⃣ File a Labor Condition Application (LCA) with the Department of Labor
2️⃣ Complete Form I-129 (Petition for a Nonimmigrant Worker) and the H Classification Supplement
3️⃣ Provide supporting documentation
If your H-1B petition is pending, you may remain on F-1 status until a decision is made.
⏱️ Duration of Stay
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Initial stay: 3 years
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Possible extension: Up to 6 years
If you leave your job, you must:
✅ Find a new employer,
✅ Apply for a change of status, or
✅ Return home within 60 days.
If you’re dismissed, your employer must cover your return costs.
🎲 H-1B Quota and Lottery
Each year, 65,000 visas are available, plus 20,000 for U.S. master’s degree holders.
Applications go through a lottery system:
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Bachelor’s degree holders: 1 chance
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Master’s degree holders: 2 chances
If you’re not selected, you can apply again next year.
👨👩👧 Can Family Members Come Too?
Yes!
H-1B holders can bring family on H-4 visas (spouse and children under 21).
With H-4 status, dependents can:
✅ Live, study, work (in some cases), and open bank accounts in the U.S.
⚠️ H-4 status ends when the main H-1B visa expires.
🟩 From H-1B to Green Card
You can apply for permanent residency through Form I-485 while your H-1B is still valid.
Your employer must:
1️⃣ File a PERM Labor Certification approved by the Department of Labor
2️⃣ Submit a new Labor Condition Application (LCA)
3️⃣ File Form I-129 and later complete visa processing in your home country if required.
💵 Tax Residency and Obligations
H-1B holders are generally treated as U.S. tax residents if they meet the Substantial Presence Test (183 days in a 3-year period).
They must pay:
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Federal income tax
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State/local tax (depending on location)
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Payroll tax (FICA)
🧮 In Summary
✔️ H-1B Visa = Work authorization + Path to residency
✔️ Requires a U.S. job offer and degree
✔️ Stay up to 6 years total
✔️ Eligible for Green Card with employer sponsorship