H-1B Visa Extensions, Explained

The H-1B visa is a non-immigrant visa category which allows U.S. employers to temporarily employ foreign workers in specialty occupations. Widely used by U.S. employers to fill skilled positions where there is a shortage of qualified American workers, the H-1B program is popular across a variety of industries in the U.S.

H-1B visas are typically granted for an initial period of three years, with the possibility of extension for up to six years. In this guide, we’ll cover how to file an H-1B visa extension and other important information to know about the extension process.

How to File an H-1B Visa Extension

Filing an H-1B visa extension involves several steps and requires careful attention to deadlines and documentation. Here’s a general overview of the process:

1. Confirm Eligibility for Extension: Before beginning the extension process, ensure that you are eligible for an H-1B visa extension. Typically, H-1B visa holders are eligible for extensions beyond the initial three-year period, up to a maximum of six years, provided they continue to meet the requirements for the visa category. You can find more information on the six-year limit in the section below. 
2. File Early: Begin the extension process well in advance of the expiration date of your current H-1B visa. U.S. Citizenship and Immigration Services (USCIS) recommends filing the extension petition up to six months before the current visa expires.
3. Employer’s Role: The sponsoring employer is responsible for initiating the H-1B visa extension process. They must file Form I-129 (Petition for a Nonimmigrant Worker) with USCIS on behalf of the H-1B visa holder. The petition should include all required supporting documents and fees.
4. Required Documents: The following documents are typically required for an H-1B visa extension:
   • Form I-129 (Petition for a Nonimmigrant Worker)
   • Copy of the H-1B visa holder’s current Form I-797 (Approval Notice)
   • Updated employer letter confirming continued employment and detailing the terms of employment
   • Documentation demonstrating the specialty occupation and the applicant’s qualifications (such as educational degrees, certifications, and work experience)
   • Labor Condition Application (LCA) certified by the Department of Labor (DOL)
5. Submit the Petition: Once all required documents are gathered, the employer or their authorized representative should complete and submit Form I-129 along with the supporting documents to USCIS. Ensure that the correct filing fee is included with the petition (more on filing costs below). 
6. Wait for USCIS Decision: After submitting the petition, USCIS will review the application and make a decision.
7. Receive Approval Notice: If the H-1B visa extension petition is approved, USCIS will issue an Approval Notice (Form I-797). This notice extends the beneficiary’s authorized stay in the U.S.
8. Maintain Status: It’s essential for the H-1B visa holder to maintain lawful status while the extension petition is pending. This includes refraining from unauthorized employment or overstaying the expiration date of the current visa.

H-1B Extension Processing Time

The H-1B extension processing time currently averages between 1.5 months and 3 months. Processing times for H-1B visa extensions vary depending on the USCIS Service Center where the petition is filed. Be sure to check USCIS’ processing times tool for the latest H-1B extension processing time. 

If your H-1B status is set to expire soon, it may be possible to speed up your extension with Premium Processing. Premium Processing guarantees a decision from USCIS within 15 calendar days, for an additional fee. Learn more about Premium Processing and how to apply in Boundless’ guide.

H-1B Extension Cost

H-1B extensions typically have the same filing costs as initial H-1B applications. The sponsoring employer must pay $780 to file the Form I-129 extension petition. 

Beyond the Form I-129 filing fee, extension costs can vary depending on the size of the company,  whether or not Premium Processing is being requested, and whether or not the H-1B applicant is changing employers.

Understanding the Six-Year Limit

U.S. immigration law sets a limit on how long a foreign worker can stay in the country under an H-1B visa. Generally speaking, H-1B visa holders are allowed to stay in the U.S. for a maximum of six years. Once this period is up, they must either go back to their home country for a specific duration or explore other visa options if they wish to stay in the United States.

Learn more about the H-1B six-year limit and potential strategies to extend your H-1B status past this period in Boundless’ guide.

Stateside Visa Renewal Pilot Program

The U.S. Department of State recently launched a pilot program that will allow H-1B visa holders to renew their status in the U.S., rather than have to travel to their home countries to secure visa stamps. NOTE: This is a separate process from H-1B extensions. Be sure to consult with your employer or immigration attorney to determine whether an extension or renewal is required for your H-1B status. 

Stateside renewals are just a pilot program at this time, and the process has not been rolled out officially under U.S. immigration law. If implemented on a wider scale, the program could simplify the renewal process for H-1B visa holders and their employers. 

You can learn more about the pilot program in Boundless’ guide.

H-1B Extension FAQs