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Find quick answers to common US visa and immigration questions from our legal experts.
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What is “dual intent” and which visas allow it?
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.
What are the main eligibility requirements for an H-1B visa?
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.
Can an entrepreneur or startup founder apply for an H-1B visa?
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.
How does the H-1B visa lottery system work, and who is exempt?
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.
Can my spouse work in the U.S. if I have an H-1B visa?
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.
Can dependents of O-1 or H-1B visa holders attend public school in the U.S.?
Yes. Children with O-3 or H-4 visas may attend public schools without additional authorization.
Do O-1 visas have a maximum number of years like H-1B?
No. O-1 visas can be renewed indefinitely in increments (usually 1–3 years), as long as you continue to meet the criteria.
What are the chances of being selected in the H-1B lottery?
Based on FY2026 data shared by USCIS, there is approximately a one in three chance of being selected in the H-1B lottery.
Out of 336,153 unique beneficiaries, 120,141 (35.7%) were selected to meet the annual H-1B quota of 85,000.
How can legal guidance boost your success in the H-1B lottery?
Legal guidance from experienced immigration attorneys helps ensure your registration and petition are strategic, compliant, and error-free.
Attorneys can also assist in responding to requests for evidence (RFEs), improving your overall chances of approval under the new wage-based lottery system.
Do master’s degree holders get two chances in the lottery?
Yes. Individuals with a master’s degree or higher from a U.S. institution of higher education receive two chances in the H-1B lottery.
They are first entered into the regular H-1B cap of 65,000 and, if not selected, entered again into the H-1B master’s cap of 20,000.
Is H-1B selection first-come, first-served?
No. The H-1B lottery is not a first-come, first-served process.
Selections are made randomly after the registration window closes.
How does the H-1B lottery work for F-1 students?
There is no separate lottery process for F-1 students.
They enter the same capped H-1B lottery as other applicants.
If an F-1 student holds a U.S. master’s degree or higher, they benefit from two chances: one under the regular cap and another under the master’s cap.
Does an approved I-140 extend L-1A status beyond seven years?
No. Unlike the H-1B, where an approved I-140 enables three-year extensions beyond the six-year cap under AC21, there is no equivalent provision for the L-1A.
The seven-year maximum is a hard limit.
An I-140's value for L-1A holders is that it establishes your priority date and enables you to file I-485 when that date becomes current.
How long can each L-1A visa extension last?
Each L-1A extension can be granted for up to two years at a time.
The total time you can spend in L-1A status is seven years, including your initial period and all extensions combined.
Time previously spent in H-1B status also counts against this seven-year cap.
Can I switch from L-1A to H-1B after my I-140 is approved?
Yes, but there are constraints.
You must make the switch before reaching the sixth year of combined H/L time, the H-1B lottery may apply, and there's no special conversion process for L-1A holders.
The advantage of switching is that H-1B holders with an approved I-140 can get three-year extensions beyond the normal six-year H-1B cap, a benefit that isn't available on the L-1A.
Can I work two full-time jobs on an H-1B?
Technically, yes. There's no legal prohibition against holding two full-time H-1B positions.
However, USCIS may question whether you can realistically work 80 hours per week for two different employers.
The agency could deny a petition if the arrangement seems implausible.
When can I start working for the second employer?
Under H-1B portability rules, you can begin working as soon as the second employer files a proper petition with USCIS.
However, if USCIS ultimately denies that petition, USCIS would consider your work for that employer unauthorized retroactively.
Some workers prefer to wait for approval to avoid this risk.
Does each employer pay separate filing fees?
Yes. Each employer must pay the filing fees for their own H-1B petition, including the base fee and any applicable fraud prevention or American Competitiveness and Workforce Improvement Act (ACWIA) fees.
If the employer wants expedited processing, they also pay the premium processing fee.
How does concurrent employment affect my green card application?
Working for multiple employers doesn't prevent you from pursuing permanent residence.
You must demonstrate that you maintained lawful status throughout your time in the U.S.
Keep pay stubs, approval notices, and other documentation from all employers to support your adjustment of status application.
Can I work for a nonprofit and a for-profit company at the same time?
Yes. If your first job is with a cap-exempt nonprofit and you want to add a concurrent role at a for-profit company, you can do so even if the annual H-1B cap has been reached.
Just remember that your eligibility for the cap-subject position depends on maintaining your cap-exempt employment.
Can I switch from an H-1B to an L-1A visa?
Yes, if you meet the L-1A visa requirements.
You'll need to have worked for a qualifying multinational organization for at least one continuous year in the past three years, and the U.S. role must be managerial or executive.
Keep in mind that time spent in H status counts toward your L-1A maximum stay of seven years, so the sooner you switch, the more time you'll have.
Does the H-1B lottery affect my chances of getting a work visa?
It does.
The H-1B lottery selection rate has been roughly 25 to 30 percent in recent registration periods, meaning most candidates are not selected.
If your beneficiary is not picked, the employer cannot file the H-1B petition for that fiscal year.
This unpredictability is one reason many multinational employers prefer the L-1A for qualifying employees, since it has no cap and no lottery.
Which visa has a faster green card pathway?
The L-1A generally leads to a faster green card through the EB-1C category, which does not require PERM labor certification.
H-1B holders typically go through EB-2 or EB-3, which require PERM and often involve longer processing times.
However, visa bulletin backlogs still apply to both categories depending on the beneficiary's country of birth.
Do L-1A and H-1B time count against each other?
Yes. Time spent in H and L nonimmigrant visa status counts toward the maximum stay for both categories.
If you've used four years on an H-1B and switch to an L-1A, you'll have three years remaining on the L-1A's seven-year maximum, not a fresh seven years.
This combined-time rule makes early green card planning essential for any foreign national on either visa.
Can I apply for my spouse work permit before arriving in the U.S.?
Your spouse must first be in valid dependent status (H-4, L-2, or E-2) or apply for that status concurrently.
For L-2 and E-2 spouses, work authorization begins upon entry when you receive an I-94 with the "S" designation.
H-4 spouses need to file Form I-765 after arriving and being admitted in H-4 status, though concurrent filing with a change of status application is also possible.
What happens if my H-4 EAD expires before my renewal is approved?
As of October 30, 2025, USCIS ended automatic EAD extensions for renewal applications.
This means if your current EAD expires before your renewal is approved, you will not have valid work authorization during the gap.
You must stop working until the new EAD is issued.
Filing your renewal application well in advance is critical to minimizing any disruption.
Can I work immediately after filing my H4 EAD application?
No. You cannot begin working until you physically receive the EAD card (Form I-766) from USCIS.
Filing the application or receiving a receipt notice does not authorize employment.
Given that processing time runs 3 to 6 months, plan your job search timeline accordingly.
What happens to my H4 EAD if my spouse changes employers?
It depends on the I-140 status. If the H-1B holder's I-140 was approved and remains valid (not revoked or withdrawn), the H4 EAD typically stays valid even after a job change.
However, if the new employer files a new I-140 and the old one is withdrawn, you could lose eligibility.
Consult an immigration attorney to evaluate your specific situation.
Can I apply for an H4 EAD from outside the United States?
No. You must be physically present in the United States when you file Form I-765.
If you're abroad, you'll need to first enter the U.S. on a valid visa for H-1B spouse status and obtain or apply for H-4 dependent status before submitting the EAD application.
Is there any way to expedite H4 EAD processing?
Premium processing is not available for H4 EAD applications.
In rare cases, USCIS may grant an expedite request based on severe financial loss, humanitarian reasons, or other qualifying criteria, but approvals are uncommon.
The standard processing time of 3 to 6 months applies to most applicants.
Is there a filing fee for Form G-28?
No. Form G-28 has no filing fee.
USCIS accepts it at no cost.
Your immigration attorney may charge their own professional fees for representing you, but the form itself is free to submit alongside your visa application, petition, or appeal.
What is the difference between Form G-28 and Form G-28I?
Form G-28 is used for immigration matters before USCIS within the United States.
Form G-28I is a separate form used for matters outside the U.S., and it allows a broader range of representatives to file, including attorneys who are not licensed in the U.S. and certain family members.
If your case is handled domestically by USCIS, your attorney will use the standard G-28.
Do I need a new Form G-28 for every case I file?
Yes. USCIS requires a new Form G-28 for each separate application, petition, or appeal.
Even if the same attorney is handling multiple filings for you, they must submit a new G-28 with each one.
The form applies only to the specific case it is filed with and does not carry over to other matters.
Can I represent myself instead of using Form G-28?
Yes. You are always allowed to represent yourself before USCIS.
Form G-28 is only necessary when you want a licensed attorney or accredited representative to act on your behalf.
If you choose to handle your own visa process, USCIS will communicate directly with you.
However, for complex petitions or cases involving RFEs, many foreign nationals find that working with an immigration attorney leads to better outcomes.
Can a worker file Form I-129 on their own behalf?
No. Form I-129 must be filed by the U.S. employer acting as the petitioner.
The foreign national beneficiary cannot self-petition.
The employer is responsible for completing the form, paying the filing fees, and providing supporting documentation to USCIS.
How long does it take USCIS to process Form I-129?
Standard processing time for I-129 petitions is typically between 2 and 8 months, depending on the service center and visa category.
With premium processing (Form I-907), USCIS guarantees a response within 15 business days.
Processing times can change, so it is recommended to check the USCIS processing times page for current estimates.
What is evidence of approved I-129 status?
When USCIS approves an I-129 petition, they issue Form I-797, Notice of Action.
This approval notice serves as official evidence of the approved I-129 status.
The beneficiary may use it for visa stamping at a U.S. consulate or to document their authorized stay if already in the United States.
How much does a US work visa cost in total?
The total cost of a visa application depends on the visa type, employer size, and whether you use premium processing.
For an H-1B petition, a standard employer can expect to pay $3,380 to $7,380 in government fees alone.
Adding premium processing ($2,965) and attorney fees ($2,000 to $5,000) brings the total to roughly $5,380 to $15,345.
Other visa types like the O-1A or EB-1A have different fee structures and typically higher attorney costs.
Are USCIS filing fees refundable if my petition is denied?
No. USCIS does not refund filing fees if your petition is denied, withdrawn, or revoked.
This means a denial can be especially costly since you will need to pay the full set of government fees again if you choose to refile.
The only exception is premium processing: if USCIS does not meet the 15 business day deadline, you can request a refund of the I-907 fee.
Who pays for a US work visa, the employer or the employee?
For most employer-sponsored visas like the H-1B, the employer is legally required to pay certain fees, including the I-129 base filing fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee.
The employer cannot pass these costs to the employee.
Premium processing fees can sometimes be paid by either party, depending on who benefits from faster processing.
Consular fees and travel costs are typically the employee’s responsibility.
What is the cheapest US work visa to apply for?
The O-1 visa has one of the lowest government fee totals at $1,655 for a standard employer, since it does not require the ACWIA Training Fee or the Fraud Prevention and Detection Fee.
However, O-1A cases often require extensive evidence preparation, which drives attorney fees higher.
The cheapest overall cost depends on both the filing fees and the complexity of your particular case.
What happens if you are not selected in the H-1B lottery?
If you're not selected, your employer's H-1B registration for that fiscal year is not chosen, and no petition can be filed.
Your current visa status isn't affected by the non-selection itself, but you'll need to maintain valid status through other means, such as OPT, another work visa, or a new H-1B registration the following year.
Alternatives include pursuing a cap-exempt H-1B, applying for an O-1A visa, or exploring an L-1 intracompany transfer.
Can you be selected in a later round if you weren't picked initially?
Yes. USCIS sometimes conducts additional lottery rounds later in the fiscal year if not enough selected registrations convert into filed petitions.
Your registration stays in the pool for potential later selection within that same fiscal year, so a non-selection in the first round doesn't necessarily mean you're out for the entire year.
Is the O-1A visa harder to get than the H-1B?
The O-1A requires more upfront documentation because you need to prove extraordinary ability through at least 3 of 8 criteria. However, it removes the randomness of the H-1B lottery.
Many professionals in tech, research, finance, and entrepreneurship qualify for the O-1A based on achievements they've already accumulated. The evidentiary bar is higher, but the process is entirely merit-based.
What is cap-exempt H-1B and who qualifies?
A cap-exempt H-1B is an H-1B petition filed by an employer that isn't subject to the annual 65,000 + 20,000 visa cap.
Qualifying employers include universities, nonprofit research organizations, government research organizations, and nonprofits affiliated with institutions of higher education.
These employers can file H-1B petitions at any time without entering the lottery. Read our full cap-exempt guide for details.
What is cap-exempt H-1B?
A cap-exempt H-1B is a work visa petition filed by an employer that's exempt from the annual H-1B cap of 65,000 visas (plus 20,000 for U.S. advanced degree holders). These employers can file H-1B petitions at any time of year without entering the lottery.
Qualifying employers include universities, nonprofit research organizations, government research organizations, and nonprofits affiliated with institutions of higher education.
Can I transfer a cap-exempt H-1B to a private company?
Moving from a cap-exempt employer to a cap-subject employer generally requires going through the H-1B lottery, because the cap exemption is tied to the employer, not the individual.
However, there are two exceptions. If you were previously counted against the H-1B cap and still have time remaining on your six-year limit, you may qualify for an exemption from the lottery.
If you hold both a cap-exempt and a cap-subject position concurrently, the cap-subject employer can file an H-1B petition without going through the lottery, since you've already been counted against the cap through your concurrent employment.
How long does cap-exempt H-1B processing take?
Without premium processing, regular H-1B processing times vary and can take several months depending on the USCIS service center.
With premium processing ($2,965), USCIS guarantees an initial response within 15 business days. Cap-exempt petitions follow the same processing timeline as cap-subject petitions.
Do cap-exempt H-1B holders have a path to a green card?
Yes. Cap-exempt H-1B holders can pursue permanent residence through the same employment-based green card categories (EB-1, EB-2, EB-3) as cap-subject H-1B holders.
The H-1B visa allows dual intent, meaning you can apply for a green card without jeopardizing your nonimmigrant visa status.
Your cap-exempt employer can sponsor your green card petition, or you can pursue self-petitioned categories like the EB-1A or EB-2 NIW (National Interest Waiver) if you qualify.
Can I register an LLC while on an H-1B visa?
Yes, you can form a legal entity like an LLC or corporation while on H-1B status. Forming a company is a passive activity, and there's no immigration rule against it.
But forming the entity and working for it are two different things. You can't perform work for your LLC unless it sponsors your H-1B and the employer-employee relationship requirements are met.
Can I do freelance work on an H-1B visa?
No. H-1B authorization is employer-specific. You can only work for the employer listed on your approved H-1B petition.
Freelancing, consulting for other companies, or doing contract work on the side all count as unauthorized employment, even if the work is occasional or unpaid.
Can my own startup sponsor my H-1B visa?
It can, but only if you hold a minority ownership stake and the company has a governance structure that gives others genuine authority over your employment. If you're the majority owner, USCIS will likely find that no valid employer-employee relationship exists.
The safest approach is to self-sponsor through a properly structured company with co-founders or board members holding majority control.
What's the best visa for a startup founder who wants full control?
The O-1A visa is often the strongest option for founders who want majority ownership and operational control. It can be sponsored by an agent, avoids the employer-employee relationship issue entirely, and has no annual cap.
For founders focused on a permanent solution, the EB-1A or EB-2 NIW green card allows self-petitioning without any employer sponsor.
What is the next step after H-1B lottery selection?
The first step after your H-1B registration is selected is for your employer to file a Labor Condition Application (LCA) with the Department of Labor. Once the LCA is certified (typically within 7 business days), your employer can begin assembling and filing the full I-129 petition with USCIS.
The filing window for FY 2027 selections runs from April 1 through June 30, 2026.
How long is H-1B processing time after lottery selection?
With regular processing, H-1B petitions take 3 to 6 months after filing, depending on the USCIS service center. Premium processing guarantees an initial response within 15 business days and costs $2,965.
If timing is a concern for your October 1 start date, premium processing removes the uncertainty.
Can I start working before October 1 if my H-1B is approved early?
No. Cap-subject H-1B employment can only begin on October 1 of the fiscal year, regardless of when the petition is approved.
If you're already in the U.S. on another valid work authorization (like OPT), you can continue working under that status until October 1, when your H-1B status kicks in.
What happens if my H-1B petition is denied after lottery selection?
A denial means the employer's petition didn't meet USCIS requirements. Common reasons include insufficient evidence of a specialty occupation, issues with the beneficiary's qualifications, or problems with the employer-employee relationship.
If denied, you won't get the lottery selection back for that fiscal year. Your employer may be able to file a motion to reopen or reconsider, or you can explore alternative visa options depending on your situation.
Can an employer pass H-1B filing fees to the employee?
No. Federal regulations require the employer to pay the I-129 base filing fee, the ACWIA training fee, and the Fraud Prevention and Detection fee. The employer also can't deduct these amounts from the employee's salary.
The employee may pay for premium processing if it's for their own benefit, but the core petition costs are the employer's legal responsibility.
How much does it cost a company to sponsor an H-1B visa for a small startup?
For a company with 25 or fewer employees filing an initial H-1B petition without premium processing, expect to pay roughly $4,510 to $6,010 including USCIS fees and attorney costs.
Adding premium processing brings the total to approximately $7,475 to $8,975. The $100,000 proclamation fee may also apply if your employee needs consular processing.
Does the $100,000 proclamation fee apply to H-1B extensions?
No. The $100,000 fee introduced by Presidential Proclamation 10973 applies only to new H-1B petitions that require consular processing. It doesn't apply to extensions with the same employer or to change-of-status filings where the beneficiary is already in the U.S.
The fee is currently under legal challenge, with three lawsuits pending as of early 2026.
Are H-1B sponsorship costs the same every year?
Not necessarily. USCIS adjusts filing fees periodically, and the premium processing fee was last updated on March 1, 2026, to $2,965. The $100,000 proclamation fee is also new as of late 2025 and could be struck down or modified by the courts.
Check current USCIS fee schedules before budgeting, and consider working with an attorney who tracks these changes.
Can I file an H-1B petition for myself without an employer?
No. The H-1B requires a U.S. employer to file Form I-129 on your behalf. The employer is the petitioner and must demonstrate a valid employer-employee relationship, file the LCA, and pay mandatory fees.
There is no way for an individual to self-file an H-1B petition.
What is the easiest way to self-sponsor a green card?
The two green card categories that allow self-petitioning are EB-1A (extraordinary ability) and EB-2 NIW (National Interest Waiver). Neither requires an employer or PERM labor certification.
EB-2 NIW is generally considered more accessible than EB-1A because the standard focuses on the national interest of your work rather than extraordinary ability, but both require strong evidence and a well-prepared petition.
Can I start my own company and sponsor my own H-1B?
You can form a company that petitions for your H-1B, but only if there's a legitimate employer-employee relationship. That typically means a board of directors with majority control over your employment.
USCIS will deny petitions where the beneficiary is also the sole owner and decision-maker.
What is the O-1A visa and can I self-sponsor it?
The O-1A is a nonimmigrant visa for individuals with extraordinary ability or achievement. While it's not a true self-petition, it can be filed by an agent rather than a traditional employer, which makes it the closest work visa to self-sponsorship.
It's a popular choice for founders, freelancers, and consultants who don't have a single U.S. employer.
How much does it cost to sponsor a work visa in the U.S.?
The cost depends on the visa type and employer size. For an H-1B petition, large employers typically pay $6,000 to $13,500 in government and attorney fees combined (without premium processing). L-1 petitions generally run $6,500 to $12,500, and O-1A cases $7,500 to $14,000.
If you add green card sponsorship through the PERM process, total costs can reach $20,000 to $40,000 or more over several years.
Can the employer make the employee pay for H-1B sponsorship?
No. The employer is legally required to pay certain H-1B fees, including the I-129 base fee, the ACWIA Training Fee, and the Fraud Prevention and Detection Fee. Asking the employee to reimburse these costs violates Department of Labor regulations.
However, the employee can pay for premium processing if the faster timeline benefits them personally.
How much does green card sponsorship cost the employer?
Employer green card sponsorship through the PERM, I-140, and I-485 route typically ranges from $14,000 to $30,000. This includes recruitment advertising ($1,000 to $3,000), the I-140 filing fee ($715 plus the Asylum Program Fee), and attorney fees ($8,000 to $18,000+).
The I-485 adjustment of status fee ($1,440) is often covered by the employer but isn't legally required.
How long does the full sponsorship process take from work visa to green card?
The timeline varies widely. An H-1B petition takes 1 to 6 months (or 15 business days with premium processing). The green card process adds significantly more time: the PERM stage alone can take 12 to 18 months, and the I-140 takes another 6 to 12 months without premium processing.
For employees from countries with per-country backlogs (India, China), the wait for a visa number can stretch 5 to 15+ years after the I-140 is approved.
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