H1B FAQs - You Ask, We Answer

Yes. As long as you find a U.S. employer willing to sponsor your H1B visa application, you can apply from outside the U.S. Once you obtain H1B status, you may apply for an H1B visa at an embassy outside the U.S. and use the H1B visa to enter the U.S.

Yes. A bachelor's degree related to the job field is the minimum requirement for H-1B status. This degree can be from outside the U.S., but must be certified to meet the standards. Without a bachelor's degree, substantial proof of work experience is needed, where three years of experience is equivalent to one year of undergraduate education. Therefore, candidates with an associate degree and relevant work experience can also qualify for H1B approval.

It shouldn't cost the individual anything, as technically, you cannot apply for an H1B visa by yourself. Your employer is responsible for submitting the petition and paying the fees. For employers looking to sponsor a foreign worker with an H1B visa, here is a breakdown of the costs:

Yes, you can transition from an H-1B visa to a green card. The H-1B is a dual-intent visa, which permits applying for permanent residency.

Technically, no. Since the H1B visa is employer-sponsored, individuals cannot apply independently. However, an H1B visa can be transferred between employers. After securing an H1B visa, you have the option to switch to a different employer who is willing to sponsor the transfer of your H1B.

The employer submitting the H-1B petition is required to provide evidence to the Department of Labor (DOL) that the employee will be paid either the prevailing wage or the employer's actual wage, depending on which is higher. The prevailing wage refers to the salary typically given to workers in comparable roles within the same geographical area. In contrast, the actual wage is what the employer pays its employees in similar positions.

In essence, if an employer offers a very low salary and claims they can assist you in obtaining an H1B visa, their statement is not truthful.

We offer a comprehensive guide to this question, which we strongly recommend reading, even if your current employment situation is stable. There have been numerous instances where individuals face a status crisis due to changes in employment, often through no fault of their own, such as company restructuring, etc. Being prepared is crucial, as maintaining your legal status is of utmost importance while residing as a foreign national in the U.S.

Yes. Yes, your spouse and any unmarried children under 21 years old may be eligible to join you on H-4 visas.

It depends: An H4 visa holder can study in the U.S., either full-time or part-time. However, they can only receive work authorization after the H1B holder begins their I-140 petition process.