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H-1B Status

H-1B status may be granted in up to three-year increments for a total of up to six years. Additional H-1B time may be available to H-1B nonimmigrants who reach certain stages of the permanent residence process. A foreign national who departs the U.S. for one year or more may reset the "H-1B clock" and may be eligible for an additional six years of H-1B status.

As a university, U.Va. is not subject to the annual numerical cap on new H-1B nonimmigrants. Most private employers are subject to an annual cap of about 60,000 for individuals with at least a bachelor's degree or the equivalent and exactly 20,000 for individuals with at least a master's degree from a U.S. institution.

Citizens of Chile and Signapore are subject to a quota that has never been met.

All H-1B employers must provide a salary equal to or greater than the appropriate prevailing wage and must comply with the Department of Labor's labor condition application regulations.

The spouse and/or child(ren) of an H-1B nonimmigrant may accompany him or her to the U.S. in H-4 status. H-4 nonimmigrants may not engage in any employment and may not provide services in the U.S.

All information contained on this page is subject to change without notice. Any information contained is provided as a courtesy to U.Va. students and scholars and is meant to serve only as an informational summary of existing U.S. government laws, regulations and/or guidance. Nothing on this page should be taken as legal advice.
Last updated 12/4/2007