Immigration Advising

H Status - Basic Rules and Regulations

  1. The position offered should require a bachelor's or higher degree in order for an employer to petition for an H-1B employment for a prospective international employee.
  2. An H-1B status may be granted for a period of three years per petition with possible extension(s) totaling a maximum six year period of H-1B status.
  3. An H-1B employment is strictly limited to the employer petitioned for the employee and as specified in the petition. Any significant changes in employment will require an amendment petition to be filed in a timely manner before the implementation of the changes.
  4. An H-1B worker will not receive any outside payment including honorarium except reimbursement of travel expenses.
  5. Upon completing the maximum six years of H-1B status, the H-1B holder must leave the U.S. unless an immigration petition has been filed for in a timely manner. S/he must reside outside the U.S. for a period of one year before re-entering the U.S. in the H-1B status.
  6. An H-1B employee must maintain his/her passport valid at all times throughout the H-1B status.

Spouse and/or children of the H-1B holder are admitted to the U.S. on H-4 visas for the same period of time for which the H-1B visa holder has been admitted. H-4 family members may study while remaining in the H-4 status, but MAY NOT engage in any form of employment. When children under H-4 status turn 21, they are not considered "dependents" and are not eligible for the H-4 status. In order to remain the U.S., they must change to another non-immigrant status, such as F-1 for full time students.