H1B Visa Extensions and Renewals: For Employers

Navigating the H1B Visa extension and renewal process is a crucial aspect for employers managing international employees. This guide provides a detailed overview of the H1B Visa renewal process, term lengths, and extension procedures, along with addressing key complexities associated with these processes.

Initial Duration and Extension of H1B Visa Status

An H1B Visa typically has an initial validity of three years. Post this period, employers have the opportunity to extend the visa for an additional three years, leading to a maximum cumulative stay of six years under H1B visa status. The extension process mirrors the initial H1B visa application, requiring the filing of Form I-129 Petition for an Alien Worker with the USCIS.

Procedure for Extending H1B Visa

To extend an employee’s H1B visa for another three years, employers must file a new Form I-129 Petition. This involves submitting a new Labor Condition Application (LCA) and the necessary supporting documentation. While the H1B visa lottery system is not applicable for extensions, the same level of proof as the initial application is required.

Working During H1B Visa Extension Processing: The 240-Day Rule

The “240-Day Rule” permits employees to continue working in the U.S. while their I-129 extension request is being processed, for up to 240 days or until a decision is made. Timely filing is crucial to minimize the need for premium processing. It’s recommended that employees remain in the U.S. during this pending period.

Extending Beyond the Six-Year Limit

Under specific conditions, such as an approved I-140 Petition or pending PERM or I-140 Petition, H1B visa holders may extend their stay beyond the standard six years. Otherwise, an employee must reside outside the U.S. for a full year before reapplying for a new six-year H1B term.

Recapturing Time on H1B Visa

Employers and employees can recapture time spent outside the U.S. to maximize the use of the six-year H1B visa limit.

Termination of H1B Visa Employment

If an H1B visa employee is terminated before their visa expires, the employer is responsible for reasonable return transportation costs to the employee’s home country, unless the termination is voluntary.

Rigorous Standards for H1B Visa Extension and Renewal

Employers should be aware that H1B Visa extensions or renewals are not automatic. Each application undergoes thorough scrutiny, requiring diligence and attention to detail akin to a new petition.