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Misconceptions About the US H-1B Visa
  • H1B Visa

Top Misconceptions About the US H-1B Visa

  • October 14, 2024
  • Mani Karthik

So, you’re thinking about applying for an H-1B visa, or maybe you’re just curious about it. You’ve probably heard a ton of conflicting information about how it works, who qualifies, and what life in the US will be like on this visa.

Don’t worry—you’re not alone.

The H-1B visa is one of the most talked-about visas for skilled workers, but with all that buzz comes a lot of confusion.

Let’s set the record straight on some of the biggest misconceptions about the H-1B visa.

In this article...

  • Misconception 1: The H-1B Visa is Only for IT Workers
  • Misconception 2: You Can Apply for an H-1B Visa Without a Job Offer
  • Misconception 3: Once You Get an H-1B, You’re Guaranteed to Stay in the US
  • Misconception 4: H-1B Visa Holders Can Work for Any Employer
  • Misconception 5: The H-1B Lottery is Based on Merit
  • Final Thoughts: Clearing Up the Myths

Misconception 1: The H-1B Visa is Only for IT Workers

This is probably the most common myth. While it’s true that a large portion of H-1B holders work in the tech industry, the H-1B visa is open to a much wider range of professionals. In fact, any job that requires specialized knowledge and at least a bachelor’s degree (or equivalent) can qualify.

Fields that commonly use H-1B visas include:

  • Healthcare (doctors, nurses, medical researchers)
  • Engineering
  • Finance
  • Education (teachers, professors)
  • Marketing and business consulting
  • Legal professions

Tip: Don’t think of the H-1B as a “tech-only” visa. If you have a specialized skill and a job offer in the US, you might qualify no matter what field you’re in.

Helpful Tip

When traveling to USA, travel insurance is much recommended.

Two great plans are, Atlas America and Safe Travels USA.

However there are other choices like these, as well.

Misconception 2: You Can Apply for an H-1B Visa Without a Job Offer

Here’s a tough truth: You can’t just apply for an H-1B visa on your own. Unlike some other types of visas, the H-1B requires a US employer to sponsor you. That means you need a job offer in hand before you even think about the visa application process.

The US employer will file the petition on your behalf. You’ll need to have a written job offer, and the employer must show that they are offering you a specialty occupation that requires your skills.

Pro Tip: Start networking with US-based employers or companies with offices in the US before thinking about the visa. No job offer, no H-1B.

Misconception 3: Once You Get an H-1B, You’re Guaranteed to Stay in the US

Getting an H-1B visa doesn’t mean you’ve secured a guaranteed long-term stay in the US. The H-1B visa is a temporary non-immigrant visa, which means there’s a time limit on how long you can stay.

The visa is initially granted for three years, with the possibility of an extension for an additional three years. After that, you’re either applying for a green card or returning to your home country.

Also, if you lose your job or your employer revokes your sponsorship, your H-1B status can be terminated. You only have 60 days to find a new employer willing to sponsor you or you must leave the country.

Tip: Think of the H-1B as a stepping stone, not the finish line. If you’re planning to stay longer, you’ll need to consider applying for permanent residency.

Misconception 4: H-1B Visa Holders Can Work for Any Employer

Unfortunately, it doesn’t work like that. When you’re on an H-1B visa, you’re tied to the employer who sponsored you. If you want to change jobs, your new employer has to file a new H-1B petition. You can’t just jump from one company to another without going through the visa transfer process.

The good news is that once your H-1B transfer is approved, you can start working for your new employer without needing to wait for a fresh lottery or quota.

Tip: If you’re planning to switch jobs, make sure your new employer is familiar with the H-1B process and willing to sponsor you.

Misconception 5: The H-1B Lottery is Based on Merit

Many people believe that the H-1B lottery system selects the “best” or “most qualified” candidates. But here’s the deal: the H-1B lottery is completely random.

Once your employer files the H-1B petition, you’re entered into the lottery if there are more applications than available visas (which happens almost every year).

In 2024, for example, there were over 300,000 applications for just 85,000 spots.

The lottery doesn’t prioritize who has more experience, the highest salary, or the most impressive degrees. It’s literally like picking names out of a hat.

Tip: The lottery is random, so don’t let it get you down if you don’t get selected the first time. Some applicants try multiple times before getting lucky.

Final Thoughts: Clearing Up the Myths

There’s a lot of hype surrounding the H-1B visa, and with that hype come plenty of misconceptions. Understanding the truth behind these myths can help you manage expectations and plan more effectively.

The H-1B process can be complicated, but with the right information and preparation, it’s definitely doable.

Want more information on the H-1B visa? Check out the official USCIS H-1B page for all the up-to-date details.

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Mani Karthik

Having lived in 3+ countries, worked for companies small and big in the USA, Middle East & India, I have a lot of experience to share about international travel, immigration and living as an NRI in the US.

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