H-1B Employees

To be eligible for H-1B status the following conditions for the position and the employee must be met:

• Must be an unclassified position.
• Must require "theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty or its equivalent."
• The employee be eligible for H-1B nonimmigrant status (e.g.  not subject to the two-year home residency requirement from a prior J-1 program, nor have used all 6 years of H-1B eligibility on prior H-1B employment).
• Candidate/employee must possess "highly specialized knowledge and attain[ed] a bachelor's or higher degree in the specific specialty" of the position.

Employers may petition for a maximum of three years of H-1B status at a time.

H-1B visa regulations allow a worker to hold H-1B status for a maximum of six years.

Time that an employee has spent in H-1B status at another employer and time spent in H-4 status deducts from their 6 years of eligibility.

VIS  must receive approval of the H-1B petition from USCIS before employment can begin.

The terms of employment in H-1B status are very specific. The Department of Homeland Security (DHS) approves the H-1B program for the specific department, salary, duties, and dates listed on the initial H-1B petition.

The H-1B recipient is NOT authorized to change employment without prior approval from USCIS. Material changes in employment such as, changes in job duties, pay rate, title, and/or sponsoring departments require an amended petition. If the department anticipates a change in the research or employment of an H-1B employee, the department should notify VIS in advance so we can assess if the an amended petition is warranted.

Those in H-1B status are not entitled nor authorized to receive an honorarium. In some cases employees can be reimbursed for travel costs.

Employees can work for more than one employer, but each employer must file a separate H-1B petition.

The host department is responsible for submitting extension requests in accessVIS on behalf of the employee.

Applications for extensions should be filed at least 3 months before the end date of the original program.

If you are in H-1B status and plan to travel internationally, you may need an H-1B visa stamp in your passport to reenter the United States. The visa stamp is issued by a U.S. consulate outside the U.S. and serves as a travel document only—it does not control your ability to work in H-1B status.

When You Need a Visa Stamp

• You must have a valid H-1B visa stamp to return to the U.S., unless you are a Canadian citizen.

• If your previous H-1B visa stamp has expired, you must obtain a new one before reentry.
  
  
  
  

Where to Get a Visa

You must obtain a U.S. visa at a U.S. Embassy or Consulate outside of the U.S.

Find an embassy or consulate

You must apply for your visa at a U.S. Embassy or Consulate in your home country or where you permanently reside. Showing proof of residence will be required if you are applying at a location based on your residency.

Effective September 6, 2025, nonimmigrant visa applications at embassies outside your home country, known as ‘third country national (TCN)’ applications, will only be allowed if the U.S. government is not providing routine nonimmigrant visa services in your home country. The U.S. Department of State has published a list of alternative locations for affected applicants.

What to Bring to Your Consular Appointment

• H-1B approval notice (Form I-797)

• Passport valid at least six months into the future

• Employment verification letter from HR 

• Recent pay stubs

• Completed DS-160 and confirmation page

• Any additional items listed on the consulate’s website

*Starting December 15, 2025, H-1B and H-4 visa applicants will undergo a review of their online presence as part of their visa application process at US consulates abroad as per a State Department Announcement.

Visa applicants will be required to set their social media account to "public" and provide information regarding any social media platforms that they have used during the five years. You are required to provide any usernames or handles used on those platforms including Facebook, Instagram, LinkedIn, Reddit, Twitter, Weibo, YouTube, and more. You can make selections from a pulldown menu.

Processing Times

Visa processing varies by consulate. Some cases may require additional administrative processing, which can delay travel. Always check the consulate’s current requirements and plan accordingly.

Travel While the Petition Is Pending

If your H-1B extension or amendment is pending, consult VIS before traveling. Leaving the U.S. while a change of status is pending may cause USCIS to approve the case for consular processing only.