H-1B visa information
Please be aware that this is given for informational purposes only. If an employer is willing to sponsor you for H-1B status, the application process is between you and the employer. You should discuss the H-1B process with your employer.
Upon completing OPT, some students change to H-1B "Temporary Worker" visa status to continue working in the U.S. The H-1B visa is for a maximum of 6 years, which can be granted in 3 year increments. H-1B visa status allows "dual intent", meaning that it is possible to apply for U.S. Legal Permanent Residency while in H-1B status.
You cannot apply for H-1B status on your own; an employer must submit an H-1B petition to the United States Citizenship and Immigration Service (USCIS) on your behalf. While many employers sponsor employees for H-1B status, not all are willing to do so.
The U.S. Government sets a "cap" on the numbers of new H-1B visas available each fiscal year (which runs from October 1 - September 30). During the 2005, 2006 and 2007 fiscal years, there were a total of 85,000 H-1B visas available. Of those, 20,000 were reserved for individuals with graduate degrees from U.S. institutions. Each of those years, the H-1B visa cap has been met early. This year, the cap was met on Monday, April 2, 2007 for the H-1B visas available from October 2007-September 2008. Therefore, for companies subject to the visa cap, there are no new H-1B visas available until October 1, 2008.
Institutions of higher education, their affiliated nonprofit organizations, nonprofit research organizations, and governmental research organizations are exempt from the H-1B visa cap (meaning that there is no limit on the number of H-1B visas for these types of institutions). These types of organizations can apply for H-1B visas for their employees without concern for cap.
If your employer is willing to sponsor you for an H-1B visa, we encourage you to begin the process as early as possible. H-1B petitions can be submitted 6 months prior to the employment start date. For companies subject to the H-1B visa cap, the the earliest an H-1B petitions can be submitted is on April 1, 2008 for an October 1, 2008 start date.
The H-1B application costs anywhere from $900-$2500, depending on the type and size of institution submitting the petition. In addition, there is an optional $1000 "Premium Processing" fee which guarantees a decision on the petition within 15 days. If a lawyer is used to submit the petition, they will also charge an attorney's fee. Employers must pay certain of the fees for the H-1B petition. Given the cost, many employers are not willing to sponsor individuals for H-1B status.
Without "Premium Processing", it will most likely take at least 3 months for an H-1B petition to be processed, and it may take as long as several months.
If you depart the U.S. while your H-1B application is pending, you are considered to have "abandoned the application," unless your employer has requested "Consular Processing" of the H-1B petition. If they have requested "Consular Processing", you must remain outside the U.S. until your H-1B petition is approved and has taken effect. Once your H-1B petition is approved, USCIS will produce an "Approval Notice", and you must apply to a U.S. Embassy or Consulate for the H-1B visa stamp in your passport. Individuals can only enter the U.S. 10 days prior to the start date noted on the H-1B Approval Notice.
If you apply for H-1B status as a "Change of Status" within the U.S. (in other words, your employer applies to USCIS for you to change from F-1 to H-1B status without your leaving the U.S.), you will not receive an H-1B visa stamp in your passport. If you depart the U.S. after the H-1B approval and wish to re-enter in H-1B status, you must apply to a U.S. Embassy or Consulate for the H-1B visa stamp.
Upon completion of the H-1B status, you may be granted a 10-day grace period. If you have been granted this 10-day grace period, it will be noted on your I-94 card.
We encourage you to discuss the H-1B process with your employer, and to keep them informed of your travel plans.
Updated October 18, 2007
