Must-Know Facts: H-1B Sponsorship and Small Businesses
The H-1B visa is one of the most sought-after nonimmigrant visas for professionals worldwide. Its relative accessibility and flexibility make it a top choice for foreign nationals who wish to work in the United States. Each year, tens of thousands of petitions are filed with U.S. Citizenship and Immigration Services (USCIS), making it a highly competitive process. However, if you are planning to pursue this pathway, it is critical to understand one key aspect of the H-1B: its validity period.
H-1B Visa Overview
Before exploring the validity timeline, it helps to understand how the H-1B visa works. The H-1B is a temporary, employment-based visa designed for foreign workers in specialty occupations. To qualify:
- You must have a valid job offer from a U.S. employer for a specialty position requiring at least a bachelor’s degree.
- Your bachelor’s degree must directly relate to your offered position.
Once eligibility is established, your employer must secure a Labor Condition Application (LCA) from the Department of Labor and then submit Form I-129 with the required H-1B filing fees to USCIS. Depending on your employer’s status, the petition may fall into one of two categories:
- Cap-subject: Employers subject to the annual H-1B lottery can only file petitions beginning the first business day in April. If your petition is randomly selected and later approved, you can begin working on October 1 of that year.
- Cap-exempt: Certain employers (such as universities, nonprofit research organizations, or government research entities) are not restricted by the lottery and may file H-1B petitions at any time. If approved, you may begin working immediately.
In both cases, once approved, you are granted H-1B status for a specific length of time, which is outlined below.
H-1B Validity Period
The initial H-1B validity period is three years from your employment start date. Compared to other nonimmigrant visas like the L-1A and L-1B, this timeline is fairly standard. In contrast, the O-1 and E-2 visas generally start with shorter validity periods of only two years.
The major distinction lies in extensions:
- L-1A visas may be extended up to seven years.
- O-1 and E-2 visas can be extended indefinitely in multiple increments as long as the visa holder maintains their eligibility.
- H-1B visas may only be extended once, for an additional three years, for a total maximum stay of six years.
While six years is longer than the five-year cap for the L-1B visa, many professionals find it limiting. Fortunately, the H-1B program allows for certain exceptions if you are in the process of transitioning to permanent residency.
H-1B to Green Card: Extending Beyond Six Years
In some cases, USCIS permits H-1B extensions beyond the standard six-year maximum if you are pursuing a U.S. green card. You may qualify if:
- PERM Labor Certification or I-140 Filing: A PERM application or I-140 immigrant petition has been filed on your behalf at least 365 days before your six-year limit.
- Approved PERM and I-140: Both your PERM and I-140 have been approved, but your priority date is not yet current due to visa backlog.
This second scenario is especially significant because priority dates for employment-based green cards can take years to become current. With this exception, you may extend your H-1B status in one-year increments while you wait for a green card, avoiding gaps in work authorization or the need to leave the U.S.
H-1B Grace Periods
- 10-Day Grace Periods: You are granted a 10-day grace period at both the start and end of your H-1B stay. This allows you time to prepare before beginning employment or to arrange your departure without being considered out of status.
- 60-Day Grace Period for Termination: If your employment ends before your H-1B duration expires, you are granted a 60-day grace period (or until the end of your I-94, whichever is shorter). During this period, you may change employers, change visa status, or depart the U.S. without immediate penalty.
These provisions, introduced in the 2017 Final Rule, give H-1B professionals added security and flexibility in managing their careers.
How Immigration Attorneys at Green Card Link Can Help
While it is possible to research the H-1B process independently, navigating the fine details and ensuring compliance with USCIS regulations can be complex. By working with an immigration attorney at Green Card Link, you gain the advantage of in-depth legal knowledge and years of practical experience in H-1B petitions, extensions, and green card transitions.
At Green Card Link, its immigration attorneys have successfully represented countless H-1B professionals. Whether you are applying for your first petition, seeking an extension, or pursuing permanent residency, the team can provide customized strategies to protect your status and secure your future in the U.S.
If you are ready to move forward, contact Green Card Link today to schedule a consultation with an experienced immigration attorney who can guide you through every step of the H-1B journey.