How Long Can You Stay in the US with a Work Visa

If you plan to work in the United States, you may wonder how long you can stay with a work visa. The answer depends on your visa type, the purpose of your visit, and the terms of your employment contract. This blog will explain the validity of different types of US work visas and how to extend or change them if needed.

What is a US Work Visa?

A US work visa is a non-immigrant visa that allows foreign nationals to enter and work in the United States temporarily. There are many categories of US work visas, each with eligibility criteria, application process, and duration. Some of the most common types of US work visas are:

• H-1B visa: for workers in specialty occupations that require at least a bachelor's degree or equivalent
• L-1 visa: for intra-company transferees who are managers, executives, or specialized knowledge workers
• O-1 visa: for individuals with extraordinary ability or achievement in the fields of science, arts, education, business, or athletics
• E-2 visa: for investors who make a substantial investment in a US business
• TN visa: for professionals from Canada and Mexico under the North American Free Trade Agreement (NAFTA)

How long is a US Work Visa Valid?

The validity of a US work visa depends on the type of visa, the date of issuance, and the expiration date of your passport. Generally, most US work visas are valid for one to three years, but some may be valid for up to six years or more. For example:

• H-1B visa: valid for three years, renewable for another three years, with a maximum stay of six years
• L-1 visa: valid for one to three years, depending on the country of origin, renewable for up to seven years (L-1A) or five years (L-1B)
• O-1 visa: valid for up to three years, renewable indefinitely in one-year increments
• E-2 visa: valid for up to two years, renewable indefinitely as long as the investment is maintained
• TN visa: valid for up to three years, renewable indefinitely in three-year increments

However, the validity of your visa does not necessarily determine how long you can stay in the United States. When you enter the country with a work visa, you will receive a Form I-94 showing your authorized stay period. This may differ from your visa expiration date, depending on the discretion of the immigration officer at the port of entry. You must leave the United States by the date indicated on your Form I-94 unless you apply for an extension or change of status.

How to Extend or Change Your US Work Visa?

If you want to stay longer or change your purpose of visit in the United States, you may apply for an extension or change of status before your authorized period of stay expires. You must file Form I-539 with the US Citizenship and Immigration Services (USCIS) and pay the required fee. You will also need to provide evidence of your eligibility and reason for requesting an extension or change of status. For example:

• If you want to extend your H-1B visa, you must submit a copy of your current employment contract and a letter from your employer stating that they still need your services and will continue to pay you the prevailing wage.
• If you want to change from an L-1 visa to an H-1B visa, you must submit a copy of your new employment offer and evidence that you meet the H-1B visa category qualifications.

You should apply for an extension or change of status at least 60 days before your authorized period of stay expires. If you apply on time, you can stay and work in the United States while your application is pending. However, you must leave the country immediately if your application is denied.

A US work visa allows you to work in the United States temporarily, but it does not guarantee how long you can stay in the country. The validity of your visa depends on several factors, such as the type of visa, the date of issuance, and the expiration date of your passport. However, the authorized period of stay is determined by the Form I-94 you receive when you enter the country. If you want to extend or change your status, you must apply before your Form I-94 expires and provide sufficient evidence of your eligibility and reason.