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Common Myths About H-1B Visas Debunked

1/8/2025

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The H-1B visa is one of the most well-known visa programs for foreign professionals seeking to work in the U.S., but it’s also surrounded by myths and misconceptions.  If you’ve recently been hearing about the H-1B Visa and are curious about the process, it’s important to separate fact from fiction.  Here are some common myths about the H-1B visa:

1.  Myth: The H-1B Visa is Only for Tech Workers

While the H-1B visa is often associated with the tech industry, it is not limited to tech jobs.  The visa is for specialty occupations in fields like engineering, finance, healthcare, education, and business.  

 2.  Myth: You Can Apply for an H-1B Visa at Any Time

The H-1B visa process follows a strict annual timeline.  Petitions can only be filed between April and June each year, and the visa is capped at 85,000 new applicants annually (65,000 for regular applications and 20,000 for those with advanced U.S. degrees).  If you miss the filing period, you’ll have to wait until the next year.

3.  Myth: H-1B Workers Are Paid Low Wages


Another myth is that employers pay H-1B workers lower wages compared to U.S. employees.  In fact, U.S. law requires that H-1B workers be paid the prevailing wage* for their occupation and location, ensuring they are compensated fairly.  Employers must submit a Labor Condition Application (LCA) to the Department of Labor, confirming that the wage offered meets or exceeds the industry standard.

4.  Myth: The H-1B Visa Automatically Leads to a Green Card

The H-1B visa is a temporary, non-immigrant visa that allows workers to stay in the U.S. for up to six years.   It does not automatically lead to permanent residency (a Green Card).  To transition from an H-1B to a Green Card, individuals must go through a separate process, typically involving employer sponsorship.

 5.  Myth: H-1B Workers Take Jobs Away from U.S. Citizens

Research shows that H-1B workers fill important skill gaps in the U.S. economy, particularly in fields like technology, engineering, and healthcare, where there is a shortage of qualified domestic workers.  In fact, the presence of skilled foreign workers helps companies grow, create new jobs, and maintain global competitiveness.

6.  Myth: H-1B Workers Must Stay with Their Initial Employer

While the H-1B visa is tied to a specific employer, workers can transfer their H-1B status to a new employer as long as that employer files a petition with USCIS.  This gives workers flexibility to change jobs without losing their visa status, though the new employer must be approved by USCIS first.



The H-1B visa plays a crucial role in strengthening the U.S. economy by attracting highly skilled professionals from around the world.  By filling essential roles in industries like technology, healthcare, and engineering, H-1B workers help drive innovation, improve productivity, and support U.S. businesses in maintaining global competitiveness.  The program not only benefits employers but also contributes to job creation and economic growth across the country.  Understanding the facts behind the H-1B visa highlights just how integral it is to the future success of the U.S. workforce.  

Do you have any questions about the H-1B visa?  Drop them in the comments below.
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  • Home
  • People
    • Julia L. Stommes
    • Leandra Gamboa
    • Blessing Kyaw
    • Kate Carlson Griffiths
  • Services
    • Nonimmigrant Visas
    • Immigrant Visas
    • I-9 and E-verify
    • Family Based Applications
    • Naturalization
    • Outbound Immigration
    • Miscellaneous
  • Government Updates
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      • News Updates
      • Case Status
      • Change of Address
      • Make InfoPass Appointment
      • Obtain I-9 Form
    • CBP >
      • News Updates
      • Obtain Your I-94 Card
      • Apply for ESTA
    • ICE >
      • News Updates
      • SEVIS for F-1s and M-1s
    • DOL >
      • iCert Updates
    • DOS >
      • News Updates
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    • SSA >
      • News Updates
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