Top Myths About the H-1B Visa

Are you considering applying for a H1-B visa after OPT?

The H-1B visa gives you an opportunity to accept employment from a company looking for graduate-level workers in specialty occupations that require theoretical or technical expertise in specialized fields. A total of 85,000 such visas are made available by the government per fiscal year.

Applying for an H-1B visa can be lengthy and complicated, and it may be tempting to take advice from inexperienced acquaintances or commercial parties that make promises that are simply “to good to be true.” Be extremely cautious when informing yourself about the application process for H-1B or any other visas. Much of the unofficial advice out there is untrue and based on myth.

Here are six of the most prominent myths circulating about the H-1B visa, courtesy of Loke Walsh Immigration Law, PC.

Myth #1: There Are No H-1B Visas Available for Small Companies/Startups

Truth: Even the smallest of companies or startups can sponsor an H-1B. The process will, however, be subject to more scrutiny.

Myth #2: Employers Must Advertise the H-1B Position and Show There Is No Qualified U.S. Worker Available

Truth: There is not requirement for employees to advertise the position or prove that a domestic worker can’t fill the position.

Myth #3: You Cannot Change Your Employer Once the H-1B Cap Is Reached

Truth: Once you are in, you can change employers as many times as you like, though you will have to file another H1-B petition each time.

Myth #4: Once You Change Employers, Your Six-Year Visa Term Is Renewed

Truth: The six-year term of your visa is not renewed when you change employers.

Myth #5: Once You Are Laid Off, You Have a 10-Day Grace Period During Which the H-1B Visa Still Applies

Truth: There is no grace period. You must immediately file a new petition to transfer the visa to another employer, apply for a different visa or leave the United States.

Myth #6: You Cannot Go to School Part Time While on an H-1B Visa

Truth: It is still possible to go to school part time on an H-1B visa. Be aware of wage and other employment requirements that limit your ability to attend school on this visa.