Important Considerations

H Visas - Temporary Worker's Visa Considerations

• The number of new H visas granted during the federal fiscal year is currently 115,000. The federal fiscal year begins on October 1. Transfers and extensions of H visa status are not effected by, nor counted toward, the national cap.
  
  
• The employer will be liable for the cost of return transportation abroad if the non-immigrant is dismissed before the end of the authorized period of H status. There is no detailed definition of the term "dismissed from employment" nor is there an indication of which travel costs are considered to be "reasonable". "Abroad" is understood to mean the non-immigrant’s last place of foreign residence.
  
  
• The H status non-immigrant shall be admitted to the U.S. for the validity period of the petition, plus up to ten days before the validity period begins, and up to ten days after the validity period ends. The non-immigrant may not work except during the validity period of the approved petition.
  
  
• Dependents of H status non-immigrants may apply for and receive H-4 status. If the dependent is outside the U.S., he/she must take a copy of the approved H petition along with proof of the dependent relationship to the U.S. Embassy or Consulate nearest their home. If the dependent is in the U.S. and is filing for a change to, or extension of H-4 status, a form I-539, "Application to Extend-Change Non-Immigrant Status", must be filed along with the $200.00 fee. This form is a separate petition from the worker’s petition but is normally filed along with the I-129 at the time of the original petition.

NOTE: Holders of H-4 visas are not permitted to work.