H-1B Introduction

The H-1B visa is an employer sponsored nonimmigrant visa. This is the primary nonimmigrant visa for foreigners that want to work in the U.S. 

Basic Requirements 

The H-1B job must be a professional position that requires, at a minimum, a bachelor's degree in the field of specialization. The H-1B occupation must also normally require a bachelor's degree as a minimum for entry into the occupation. 

How Will I Know If I Meet the Requirements for H-1B? 

What should the H-1B visa holder do if they want to stay in the US after being laid off?

What should the H-1B visa holder do if they want to stay in the US after being laid off?

The employer is required to notify the USCIS that the H-1B visa holder was terminated so he will be out of status as soon as USCIS is notified. 

What happens when an H-1B visa holder is laid off?

What happens when an H-1B visa holder is laid off?

If a company sponsors an H-1B visa employee, they are not obligated to retain him. 

US employment is usually "at will" which means they can fire an H-1B visa holder for any legal reason just as they can fire their regular employees.

Optional Practical Training - Unemployment

IRS Tax Audit

Generally, the IRS only audits about 1% of all individual tax returns annually. Certain factors can increase your audit risk such as omitting income, making math errors, and certain credits. Here is a list of 10 “red flags” that draw attention to your tax return and increase your risk of audit.

1.     Failing to report all taxable income. The IRS receives copies of all your W-2s and 1099s. You may not care about reporting a few dollars of bank interest from the 1099-INT but the IRS does. A mismatch increases your audit risk.

2.     Claiming large charitable deductions. If you claim charitable deductions that are disproportionate to your income, this raises a red flag. You need to retain receipts for your cash and property contributions. If your donate more than $500 of property, you must have an appraisal.

Part-time H-1B status

Part-time H-1B status -Mutually Beneficial Option for H-1B Employers and Workers

When most people think about H-1B visas, they think it is restricted to full time employment because most H-1B workers they know have full-time jobs. Petitioners and applicants for H-1B visas often overlook that employers can petition for part-time H-1B worker. 


There is no minimum number of weekly hours for an H1B petition and H-1B workers can have multiple part-time H-1B jobs. This provides some alternatives for those that already have H-1B status and also H-1B job seekers. 

Health insurance for nonimmigrants (F-1, J-1, etc)

Health insurance for nonimmigrants (F-1, J-1, etc)

When you are in the United States as a nonimmigrant it is important that you have health insurance since health care is costly in the United States. 

In fact, some visas such as F-1 and J-1 visas require you to have health care insurance. Generally, the school health insurance or J-1 sponsor health insurance will be one of the most costly options. 

H-1B transfer

H-1B transfer:
The H-1B visa is employer specific, position specific, and location specific. 


If you change employers, the new employer must file a new H-1B petition. If you meet the requirements for H-1B portability, you can start working for the new employer as soon as the new H-1B petition is filed.