Top Common Myths and Misconceptions Pertinent to H-1B Visa Debunked


Foreign workers who possess rich expertise in a particular job or hold specialty occupations require an H-1B visa to step into the United States and earn a livelihood. To be more precise, a ‘specialty occupation’ means a profession that needs a worker to boast at least a bachelor’s degree to get permission to work and live in the US. 

The US immigration law is incredibly complicated and without sound knowledge about it, obtaining an H-1B visa is quite challenging. Therefore, almost every skilled employee who gets an opportunity to work with a US-based company seeks advice and help from a H-1B Visa Attorney

To get your hands on this work visa, it is of utmost importance to meet specific requirements. You have to submit a copy of the job offer letter that you receive from your US employer, and also the company that hires you must show the need for a worker in a specialty occupation. From 1st April, all US immigration lawyers stay busy with the opening of the H-1B filing period. 

Before you proceed and apply for a H-1B foreign worker visa, read the following to know about common myths and misconceptions about this specific visa. 

Myth 1: One Can File H-1B Foreign Worker Visa Petition Any Time 

Know that the commencement date of the federal fiscal year is 1st October. Anyone who wants to file a foreign worker visa petition can do so from 1st April. Sometimes the visa cap gets filled in no time. However, there are certain exceptions to the foreign worker visa filing rule. 

  • The transferring of H-1B holder from one company to another
  • The extension of H-1B foreign worker visa
  • The company or employer is free from the cap

A professional attorney specializing in immigration law can help you decide the suitable time so as to file or extend your H-1B worker visa if you fall under the aforementioned exceptions.

Myth 2: One Qualifies for an H-1B Worker Visa with a University Degree

You should know that a university degree is not something that will help you automatically qualify for an H-1B foreign worker visa. The job that a US employer offers you should match your academic background. Resort to an immigration attorney if you do not know whether you qualify for this particular visa category.

Myth 3: One Can Begin Working Right After Filing the H-1B Application

Know that whether or not you can start working immediately after you are done filing the foreign worker visa petition majorly depends on the circumstances. US companies that conduct the transferring between H-1B workers can begin working without any delay. Until the immigration authorities do not give H-1B petition approval, change-in-status applicants have to wait.


Aside from the ones mentioned above, there are quite a few other myths and misconceptions related to the H-1B foreign worker visa. The authority may reject your petition, or it may take a lot of time for you to get hold of the H-1B visa if you believe those myths mentioned above and other common misconceptions.