THE H-1B visa is a popular choice for qualified foreign professionals looking to work in the United States. If you are in the United States on an H-1B visa, it is important to understand the visa limitations and extension options you have when your visa status expires. In this blog post, we’ll cover everything you need to know about the H-1B six-year limit and potential solutions for extending your status beyond that period.
What is the 6 year H-1B limit?
U.S. immigration law restricts the maximum length of time a foreign worker can hold an H-1B visa in the United States. Specifically, H-1B visa holders can stay in the United States for a total of six years in H-1B status. After reaching this limit, the visa holder must either return to their home country for a certain period of time or seek another visa status to remain in the United States.
Why is there a 6 year limit?
The H-1B visa program was designed to bring in skilled foreign workers to fill temporary labor shortages in the U.S. labor market. In order to maintain the temporary nature of the program, the 6-year limit was put in place.
How does the 6 year limit work?
The 6-year H-1B limit is not a continuous clock that starts ticking the moment you enter the United States. Instead, it takes into account the time you spent in the country while holding H-1B status. Here is a general schedule of how it works:
- Initial H-1B period: When your H-1B visa is approved, you typically have an initial period of three years to live and work in the United States.
- H-1B extension: After the first three years, you can extend your H-1B status for three additional years, for a total of six years.
- Beyond six years: If you reach the six-year limit and have not obtained a green card or other visa status, you generally must leave the United States. However, there are exceptions and alternatives that may allow you to stay longer.
Exceptions and alternatives
Although the 6-year limit may seem like a strict time limit, there are a few exceptions and alternatives that may allow H-1B visa holders to stay in the United States beyond the initial six years:
- H-1B extensions: If you have one waiting PERM work certificationone approved I-140 (Immigration Petition for Foreign Worker)or are in the process of adjust your status to a green card, you may be able to extend your H-1B status beyond the six-year limit. Get more information about work visas and the employment-based immigration process in Boundless’ detailed work guide.
- Status change : If you are unable to extend your H-1B visa status, you may be able to remain in the United States by changing your status to a different visa type. This could include changing your visa status to another category, such as a F-1 Student VisaL-1 intra-company transferee visa, or O-1 Extraordinary Ability Visa. You can learn more about changing visa status in The limitless guide.
- Time spent abroad: In certain circumstances, if you have spent at least one year outside the United States, you may be able to reset the six-year clock and reapply for an H-1B visa.
The 6-year H-1B limit is an important consideration for anyone seeking to work in the United States in this visa category. If you are approaching your sixth year of H-1B status, now may be a good time to explore your options and ensure a smooth transition to the next step in your immigration journey. For additional support, see our new business immigration provider, Bridge. Bridge offers a wide range of business immigration services for H-1B visa holders, including immigration consulting, visa processing, and more.