Eligibility for H-1B Visa after 6 Years and a Year Outside the U.S.

After spending six years on an H-1B visa and a year outside the United States, you may be eligible to reapply for an H-1B visa without participating in the dreaded #8220;lottery#8221; process. This article will guide you through the eligibility requirements, the application process, and the benefits of being classified as a returning H-1B worker.

Key Points to Keep in Mind

Here are the crucial points you need to consider when you are ready to apply for H-1B after spending time outside the U.S.:

Previous H-1B Status: You must have previously held H-1B status for a total of six years. Time Outside the U.S.: You must have spent at least one continuous year outside the United States after your last H-1B status ended. New Employer: If you are applying with a new employer, they can file a petition on your behalf. This is common for those transitioning from one job to another. No Lottery: Since you are considered a returning worker, you will not be subject to the H-1B cap or lottery.

Eligibility Requirements

To be eligible for this process, you must meet the following criteria:

You must have been an H-1B visa holder for a total of six years. You must have been physically outside the United States for at least one continuous year after your last H-1B status expired. If you are changing employers, your new employer will need to file a Form I-129, Petition for a Nonimmigrant Worker.

Application Process

The process of reapplying for an H-1B visa after meeting the eligibility criteria involves the following steps:

Consult with an immigration attorney or specialist to ensure you meet all eligibility requirements and prepare your application properly. Your new employer must file a Form I-129, Petition for a Nonimmigrant Worker. The petition process includes gathering and submitting all necessary documentation to support your eligibility. A key advantage is that you will not be subjected to the random lottery and the H-1B cap limitations.

Important Considerations

It is important to note that if you have been employed in the U.S. for all six years of H-1B status, you may still be subject to the H-1B cap and the lottery process. However, if you have an unused period outside the U.S. within the last six years, you may be exempt from the cap and the lottery, provided you meet the one-year absence requirement.

It is also crucial to understand that while this reapplication process is beneficial, it requires careful planning and compliance with all immigration laws and regulations.

For more information and guidance, consult with an immigration attorney or specialist.