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Learn about H-1B status, a temporary employment authorization for a nonimmigrant who performs services in a specialty occupation.

F-1 Students: Learn About H-1B Status


April 24, 2014

If you finish your program of study and want to stay in the United States to work, you may have the option to change your nonimmigrant status to H-1B status. H-1B status is temporary employment authorization for a nonimmigrant who performs services in a specialty occupation. To obtain this status, your potential employer must petition U.S. Citizenship and Immigration Services (USCIS) on your behalf.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or practical application of a body of highly specialized knowledge, including, but not limited to: scientists, engineers, or computer programmers. A bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for the position. An initial H-1B petition may be granted for a period of up to three years, with an option to request an extension of up to three additional years (for a maximum of six years). The beneficiary, under limited circumstances, is also able to extend beyond the six year validity period through American Competitiveness in the Twenty-First Century Act of 2000 (AC21).

The H-1B visa classification has an annual numerical limit ("cap") of 65,000 visas each fiscal year. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher are exempt from the cap. H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities or a nonprofit research organization, or a government research organization are not subject to this numerical cap. The fiscal year begins every October 1st (for example, the 2015 fiscal year actually begins October 1, 2014). Your prospective employer cannot submit an application on your behalf more than six months before your start date. For this year, the earliest date an employer could  file a cap petition was April 1, 2014.  

On April 7, 2014 USCIS announced that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015.

You can find more information on the USCIS website:

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