To renew an H1B visa, file Form I-129 with USCIS before the current visa expires, providing required documents like your employment verification letter. If approved, attend a visa stamping interview at a U.S. consulate abroad if traveling internationally.
Foreign worker cannot file a petition on his behalf for work opportunities in the United States. An employer is required to submit form 9035 or LCA (Labor Condition Application) to the Department of Labor. An employer has to attest that the foreign worker (beneficiary) will be paid prevailing wages.
It is important to note that only specialty workers can avail of H-1B Visas. An H1B Visa holder should possess a bachelors or its equivalent degree to be eligible for employment in the United States.
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Maximum duration for which an H1-B Visa is given is six years. An H1B holder is initially given permission to stay in the United States for three years. After the lapse of three years, an H1B holder can opt for an extension by another three years. Upon completion of six years, an H1B holder can opt for renewal of his H1B status. It is important to note that renewal of H1B Visas is not subject to the prevailing cap vis-a-vis the number of H1B Visas approved every year.
Renewal of H1B Visa
H1 B Visa can be renewed beyond the maximum duration of six years under sections AC 21 104 C (American Competitiveness in the twenty-first Century Act) and AC 21 106 (a).
- Renewal of H1 B Visas under Sections AC 21 104 C Under Section AC 21 104 C, an H1 Visa holder can apply for renewal of his Visa under the following conditions:
- Employment-based Green Card Petition filed on behalf of an H1B Visa holder under EB1, EB2 or EB3 slots
- Approved I-140 petitions but ineligible to file an Adjustment of Status application for hailing from a country (China or India in most cases) with no current priority date (Visa number is unavailable)
- Dependent of an H1B Visa holder can avail of H4 status after filing a petition on behalf of the principal foreign worker and submission of form I-539, application to change the status of the Visa, supporting documents and fees.
Renewal of H1 B Visas under section AC 21 106 (a).
Under section American Competitiveness in the twenty-first Century Act 21 106 (a), an H1B Visa holder can apply for a renewal under the following conditions:
- Beneficiary of Adjustment of Status application
- Beneficiary of I-140 or Employment-based immigration petition
- Labour certification application was filed 1 year ago
- I-140 or EB Immigration Petition was filed 1 year ago
It is important to note that an H1B Visa holder can get extensions for a period of one year pending decision on the green card.
Form I-129 should be filed by either a current or new employer (petitioner) for initiating the process of Visa renewal for the beneficiary. Dependents can avail of H4 status after filing a petition on behalf of the foreign worker (principal), submission of form I-539, supporting documents and fees.
It is important to note that the spouse of the H1B principal foreign worker cannot extend his or her stay in the United States upon reaching the allotted limit of six years. Spouse can, however, change his or her status to H4 and can continue to live in the United States pending adjudication of the green card.
Documentation Required for H1B Visa Renewal
Following table shows the documents required for renewal for both the employer and the employee
| Employer | Foreign Worker |
| Offer Letter (Job) with details of job title and remuneration. Offer letter should be signed by both the foreign worker and the employer (copy) | Experience certificates from ex-employers |
| Articles of Incorporation (copy) | US Visas |
| Brochure of the company (copy) | Form I-94 |
| Annual Report (copy) | Diploma certificates, transcripts and Academic Evaluation of Foreign Degree |
| Job Profile/Description (detailed) | Resume |
| – | Pay slips (latest) |
FAQs
What documents are needed to renew an H1B visa?
- Need a valid passport, Form I-797 (H1B approval notice), a recent passport-sized photograph, and a completed Form I-129.
Do I need an employment verification letter for H1B renewal?
- Yes, an employment verification letter from your current employer is required to confirm your ongoing employment.
Is a copy of my previous H1B visa necessary for renewal?
- Yes, a copy of your previous H1B visa stamp is typically required.
What financial documents are needed for H1B renewal?
- Recent pay stubs, tax returns, and bank statements may be required to demonstrate financial stability.
Do I need to submit educational documents for H1B renewal?
- Yes, copies of your educational qualifications, such as degrees and transcripts, are often required.
Are there any additional forms required for H1B renewal?
- Need to submit Form I-539 if you are also renewing the status of dependents (H4 visa holders).
Is a Labor Condition Application (LCA) required for H1B renewal?
- Yes, a certified LCA from the Department of Labor is necessary to demonstrate that your employment conditions meet the required standards.
Do I need to provide proof of legal status in the U.S. for H1B renewal?
- Yes, you must provide evidence of your current legal status, such as I-94 records or previous visa stamps.
Is a medical examination required for H1B renewal?
- Medical examination is not required for H1B visa renewal unless specifically requested by USCIS.
What should I do if any of my documents are missing or expired?
- Contact your employer or an immigration attorney for guidance on obtaining or renewing the necessary documents before submitting your application.
H-1B Visa Program Reforms to Begin 17 January 2025
The U.S. Department of Homeland Security (DHS) will implement key changes to the H-1B visa program starting 17 January 2025. Updates include a clearer definition of specialty occupations, allowing non-profit and government research organizations to hire workers without affecting the annual cap. F-1 visa holders transitioning to H-1B will have their work permits automatically extended, preventing employment disruptions. Processing times will be reduced, especially for previous H-1B holders, and employers will need to prove the legitimacy of their offered positions. The revised Form I-129 will also become mandatory.
8 January 2025
