What is the minimum amount of time that a H1B Visa can be used?

Asked 10 months ago - Seattle, WA

The company I work for is trying to get someone over here on a temporary basis to see how he would work out with the company. Basically, a trial run for about 6 months and if he works out they'd figure out a contract for him to stay here for a year or two. They want to figure out if a H1B visa can be used since they don't need him to stay here for 3 years right off the bat. Everything I am seeing about H1B does not say a minimum amount of time one must stay, I am only seeing that the maximum amount of time is 6 years.

Attorney answers (3)

  1. Daniel Patrick Hanlon


    Contributor Level 20


    Lawyer agrees

    Answered . That is correct. There is no minimum period time; however, requesting a minimal period of time will require the filing of an extension with undue additional costs. Your company should consult with an immigration attorney for more specific advice.

  2. Gintare Grigaite

    Contributor Level 18

    Answered . No minimum time. Your company should consult with an immigration lawyer.

    Follow Gintare Grigaite, Esq. on Facebook (search for Gintare Grigaite, Esq.). Contact immigration lawyer Gintare... more
  3. Tripti Sharad Sharma

    Contributor Level 19

    Answered . There is no minimum time however the filing fees for H-1B petition are high and so the company may want to re-visit short-term employment duration. Besides filing and attorney fees, the company is also required to pay for the travel expense to send the candidate back to his country of origin upon termination of the U.S. employment.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known.... more

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