The H-1b is a popular work visa in the United States. Many F students who hope to work in the U.S. will complete their degrees, begin OPT, and apply for the H-1b visa.
The H-1b visa offers an opportunity to work in the US for 3 years, with the possibility of renewing it for another 3 years.
It is also a “dual intent” visa, meaning that it can either be a non-immigrant or immigrant visa. Some people who hold the H-1b visa will later apply for a change of status to lawful permanent resident of the U.S.
In order to be a good candidate for this visa, you must have skills that are hard to find among the U.S. workforce. If you have a degree in a field that is “in demand” in the U.S., you are a good candidate. Or, if you have received extra training or certifications within your field or if you have other qualities that make you stand out in your field, you will probably have better chances at getting the visa.
Eligibility and Application Process:
In order to apply for the visa, you must find an employer who is willing to sponsor you. Your employer must pay the application fees, whether or not you are given the visa. These fees should NOT come out of your salary. That would be an unfair labor practice.
Some companies have immigration attorneys that work with you and prepare your petition for the H-1b visa. Having an attorney to guide the process is very important, since there are many required steps to complete the petition, including advertising the position and copmleting a labor condition application.
If you are working for a private company, the filing period for the H-1b visa begins April 1st of each year. If you will be working for a public company or institution, you may file any time of year.
There is a limit of H-1b visas granted each year. Currently, only 65,000 visas are granted for applicants with Bachelor’s degrees. For applicants with a Master’s or PhD, a separate category of 20,000 visas is available. There is a lot of competition for this visa.
H-1b Cap Gap Relief:
If a student on OPT petitions for the H-1b visa and a change of status on April 1st and if the visa is granted, the student will switch to the H-1b visa status on October 1st. In some cases, OPT will expire before October 1st.
Students in this situation whose visa petitions are APPROVED before their OPT EAD (“Employment Authorization Document”) expires, and who have maintained F-1/F-3 status may continue to work in the meantime. This is termed the “H-1b cap gap relief.” This is an automatic benefit. No additional application is required to request this benefit. A new EAD card will not be issued in this case. However, you may contact OIP and request that we reprint your I-20 to show that your OPT authorization has been extended through September 30th.
H-1b Visa / Status Approval:
The approval of your petition will be shown through an I-797 Notice of Action. You may work as an H-1b recipient beginning on your H-1b start date with this documentation.
However, should you need to leave the U.S., you will need to go to a U.S. consulate or embassy to have your H-1b visa appointment and stamping in order to reenter the U.S. in H-1b visa status.
Studying:
It is typically permitted to study on a part-time basis (“incidental to status”) while in H-1b status.
Please note: OIP does not assist with applications for H-1b visas.
To read more about the H-1b visa, please click here: http://travel.state.gov/visa/temp/types/types_1271.html.
To locate employers who will hire or sponsor people with the H-1b visa, click here: H-1b Visa (hosted by UTEP University Career Center)
Office of International Programs
203 Union East Bldg * (915) 747-5664 * oip@utep.edu * Hours: Monday-Tuesday 8-6 Wednesday-Friday 8-5