For skilled foreign professionals, the H-1B visa is a popular choice for working in the US. Before your H-1B visa status expires, it is crucial that you familiarize yourself with the restrictions imposed by your visa and any options you may have for extending your stay in the United States. Shoora LP is here to help you understand these options and restrictions.  This article will go over the H-1B six-year limit and several ways to prolong your status beyond that term.

Why is There a 6-Year Limit?

There are a number of reasons why the H-1B visa program has a 6-year limit. To start with, it checks that the program isn’t turning into an means to permanently immigrate rather than staying focused on its original goal of filling short-term labor shortages. To motivate firms to seek out and train U.S. individuals to fill such roles, a particular period of time is provided.

The cap also pushes businesses to put money into domestic talent development and retention initiatives, which helps keep firms from depending too much on foreign workers. In addition, the limit encourages a diverse staff by facilitating the recruitment of qualified individuals from all over the globe, which broadens the viewpoints and skillsets available in the American labor market. In general, the 6-year cap on H-1B visas is a good compromise between short-term solutions to skill shortages and longer-term investments in the American workforce.

How Does the 6-Year Limit Work?

Foreign nationals with H-1B status are only allowed to remain in the United States for a maximum of six years under the H-1B visa program. This limit does not start ticking at the time of entrance but rather accumulates according to the amount of time an individual spends in the nation while holding H-1B status.

• Initial H-1B Period: The standard starting point for a person’s stay in the United States after being awarded an H-1B visa is three years. This marks the beginning of their H-1B visa status.
• H-1B Extension: The maximum term of their H-1B status can be extended by a further three years after the first three-year period ends, bringing the total duration to six years.
• Beyond Six Years: After the six-year period ends, most people are compelled to depart the US unless they have a green card or another type of visa that permits them to stay. But there are other options and exclusions.

Many people consult immigration lawyers for help understanding their alternatives for lawfully remaining in the United States after the H-1B 6-year limit has passed.

Exceptions and Alternatives:

It could be difficult to figure out how to get around the H-1B visa’s six-year limit, but there are a few options that can help:

• H-1B Extensions: Those who are upgrading their status to a green card, have an approved I-140 petition, or are awaiting a PERM Labor Certification may be eligible for extensions beyond six years. This will allow them to continue working while they seek permanent citizenship.
• Change of Status: If it is not possible to prolong the H-1B visa, a change of status to a different visa category can be considered. Each of these visas has its own set of requirements for eligibility and application process; for example, an F-1 student visa, an L-1 intracompany transferee visa, or an O-1 special ability visa could be necessary.
• Time Abroad: H-1B visa holders can reset the six-year clock by spending at least one year outside the U.S. This allows them to reapply for a new H-1B visa and continue working in the U.S.

People can get around the H-1B visa’s restrictions and keep working in the US with the help of these exclusions and alternatives.