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

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. 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. 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 Grigaite, Esq. of Grigaite & Abdelsayed, LLC at 201-471-7989, located in New York and New Jersey, for a consultation about your immigration case. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.


  3. 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. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 or 415 902 0832 to schedule a consultation.

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