5 H-1B Visa Myths
Learn the truth about common misconceptions surrounding the H-1B visa, from job eligibility to application myths, and get the facts you need for a successful application.
Author Name: Cosmina B
The H-1B visa is one of the most popular pathways for skilled workers looking to live and work in the United States. But as with any immigration process, there are a lot of myths and misconceptions that can make the process seem more confusing than it really is. If you’re considering applying for an H-1B visa, it’s important to separate fact from fiction. Let’s debunk 5 common myths and give you a clearer understanding of the H-1B process.
1. Myth: The H-1B Visa is Only for Tech Workers
While it’s true that tech companies are one of the largest employers of H-1B visa holders, the H-1B visa isn’t exclusive to tech workers. In fact, professionals in a wide range of fields—including healthcare, engineering, finance, education, and business—are eligible for the H-1B visa.
The truth: The H-1B visa is for any worker in a "specialty occupation," which typically requires a bachelor’s degree or higher in a specific field. So whether you're an architect, scientist, or teacher, you could qualify for an H-1B visa as long as your job fits the requirements.
2. Myth: If You Have a Job Offer, You Can Get an H-1B Visa Automatically
It’s a common misconception that simply having a job offer from a U.S. employer guarantees that you’ll be approved for an H-1B visa. Unfortunately, that’s not how it works.
The truth: The H-1B visa process involves a lottery system because the number of applications often exceeds the annual cap. This means that even if you have a job offer, there’s no guarantee you’ll be selected. Once selected in the lottery, your application still needs to be approved by USCIS before you can start working in the U.S.
3. Myth: You Can Only Apply for an H-1B Visa Once a Year
Many people believe that you can only apply for an H-1B visa during a specific window each year, but that’s not entirely accurate.
The truth: The H-1B visa application process typically starts in April, but that doesn’t mean you can only apply once a year. If you’re not selected in the lottery during one filing period, you can apply again the following year. Additionally, there are some H-1B visa exemptions (for example, for those employed at higher education institutions or nonprofit organizations), where the cap doesn't apply and applications can be filed at any time.
4. Myth: The H-1B Visa is Only for Entry-Level Jobs
Another myth is that the H-1B visa is only available to those applying for entry-level jobs. Many people think it’s meant for recent graduates or individuals with minimal experience in their field.
The truth: The H-1B visa can be used for both entry-level and experienced professionals. While employers must demonstrate that the job requires at least a bachelor’s degree, the visa is available to workers at various levels of experience, not just fresh graduates. If you have specialized skills or advanced education, you may even be able to apply for a higher salary or a more senior role under the H-1B.
5. Myth: Once You Get an H-1B Visa, You’re Stuck with Your Employer
Many people worry that the H-1B visa ties them to one employer for the entire duration of their stay in the U.S. While it's true that the H-1B is employer-specific, this doesn’t mean you're locked in forever.
The truth: The H-1B visa allows for job changes, but there are a few important rules to follow. If you change employers, your new employer must file a petition for a new H-1B visa (though you don’t need to go through the lottery again). As long as your new job is in a specialty occupation that requires your qualifications, you're good to go! Additionally, the visa can be extended beyond the initial 3 years, and in certain cases, a Green Card process can begin.
Stay Informed and Apply with StayLonger!
Now that we’ve debunked these 5 H-1B visa myths, you should have a clearer understanding of the application process. While the process can be competitive and complex, it’s also manageable with the right knowledge and preparation. If you're planning to apply for an H-1B visa, make sure you consult with an immigration attorney or trusted advisor to guide you through the process.
At StayLonger, we’re here to help you make the most of your journey to the U.S. If you need more insights or have questions about the H-1B visa or any other immigration topic, we’ve got you covered! Apply now!
