Dual intent means you can hold a temporary visa while also intending to apply for permanent residency (a green card).

The H-1B and L-1 visas are true dual intent visas. Most others, such as B-1/B-2, E-2, and F-1, do not permit dual intent, so pursuing a green card from those visas can create complications.

The O-1 is a special case: it is not a dual intent visa by law, but in practice, both USCIS and the Department of State usually treat it as if it were.

To qualify for an H-1B visa, you must have a job offer from a U.S. employer for a specialty occupation, meaning a role that requires highly specialized knowledge and at least a bachelor’s degree or higher in a directly related field.

If your degree is from outside the U.S., it must be evaluated for equivalency.

Additionally, the employer must comply with all Labor Condition Application (LCA) requirements, including paying at least the prevailing wage set by the U.S. Department of Labor (DOL) for that occupation and location.

Yes. The agency requires a legitimate employer-employee relationship, which typically involves the ability to “hire, pay, fire, supervise, or otherwise control the work” of the beneficiary.

This often requires a board of directors or independent investors with decision-making authority over the founder’s employment.

Since the number of H-1B applicants exceeds the available visas, the U.S. government conducts a random lottery each year.

There are 85,000 total H-1B visas, with 65,000 under the regular cap and an additional 20,000 reserved for individuals with a U.S. master’s degree or higher.

Employers must first submit an electronic registration in March during the lottery period. If selected and approved, the beneficiary can begin working on October 1, the start of the fiscal year.

However, some H-1B petitions are cap-exempt and can be filed at any time, bypassing the lottery. This applies to petitions filed by or on behalf of institutions of higher education, nonprofit research organizations, and government research institutions.

Additionally, H-1B extensions, transfers, and amendments for individuals already in H-1B status are not subject to the cap and can also be filed at any time.

The spouse of an H-1B visa holder can apply for an H-4 visa, but not all H-4 visa holders are eligible to work.

Only those whose H-1B spouse has an approved I-140 petition (a step in the Green Card process) can apply for Employment Authorization (EAD).

If approved, the H-4 spouse can work for any employer in the U.S. without restrictions.

Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.

No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.