The foreign worker must enter the United States during the validity period of the H-1B visa. Upon arrival in the United States, the foreign worker will be questioned by a Customs and Border Protection (CBP) officer who will review the H-1B visa. The CBP officer will create an Arrival/Departure Record (form I-94) that will indicate… Read More
FAQs about the H-1B Visa
Can the foreign worker change status to H-1B status in the United States?
Yes. If the foreign worker entered the United States in a different non-immigrant visa category (i.e. visitor); was present in the United States in valid non-immigrant status when the H-1B petition was approved; and a request for a change of status from the non-immigrant status to H-1B status was requested, then the foreign worker could… Read More
Can the foreign worker enter and exit the United States with an H-1B visa?
Yes. Assuming the foreign worker possesses a machine readable H-1B visa in their passport, s/he can enter and exit the United States during the validity period of the visa (the foreign worker must also continue to be employed by the H-1B U.S. employer).
What if the foreign worker is outside the United States at the time the USCIS approves the H-1B petition?
The foreign worker must proceed to the United States embassy or consulate in their native country to obtain an H-1B visa before s/he will be admitted to the United States. If the foreign worker already possesses an H-1B visa then s/he can enter the United States once the H-1B petition is approved.
Can a foreign worker begin employment in the United States without an H-1B visa?
Yes. If the foreign worker entered the United States in a different non-immigrant visa category (i.e. visitor); was present in the United States in valid non-immigrant status when the H-1B petition was approved; and a request for a change of status from the non-immigrant status to H-1B status was requested, then the foreign worker could… Read More
How does the foreign worker obtain an H-1B visa?
Assuming the foreign worker is outside the United States and requires an H-1B visa to enter, after approval of the H-1B petition by the USCIS, the foreign worker must proceed to the United States embassy or consulate in their native country to obtain an H-1B visa before s/he will be admitted to the United States…. Read More
When can the foreign worker begin employment in the United States?
If the foreign worker is subject to the annual numerical limit, or H-1B cap, then the earliest start date is October 1st of that fiscal year. If the foreign worker is outside the United States then s/he must obtain an H-1B visa before s/he will be admitted to the United States in H-1B status. If… Read More
What is the H-1B Cap?
There an annual numerical limit, or cap, of 65,000 H-1B visas each fiscal year. The first 20,000 H-1B petitions filed on behalf of foreign workers with a U.S. master’s degree or higher are exempt from this numerical cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education (or its… Read More
