H-1B Visa Myths Busted: Immigration Expert Dispels 5 Common Misconceptions

The H-1B visa has been a topic of much discussion in the United States, with several misconceptions circulating about the program. Many believe that H-1B workers are hired as cheap labor, have no rights, or come to the U.S. intending to settle permanently. Immigration attorney Felipe Jimenez, Associate at Reddy Newman Brown PC in Houston, Texas, has addressed five of the most common myths surrounding the H-1B visa.

1. H-1B Workers Are Paid Less
A widespread misconception is that companies hire H-1B workers because it is cheaper than hiring local employees. Felipe clarifies that this is completely false. Before filing an H-1B petition, companies must obtain a Labor Condition Application (LCA) from the U.S. Department of Labor, agreeing to pay the worker at least the prevailing wage for the position. Paying less can result in fines, audits, or removal from the H-1B program. In some cases, H-1B workers earn more than their American colleagues due to prevailing wage regulations.

2. H-1B Workers Have No Rights
Contrary to popular belief, H-1B workers do have rights under federal labor laws, including protections related to salary, working hours, anti-discrimination measures, and workplace safety. Companies must maintain and make available records for audits. H-1B employees are not tied permanently to one employer; they can switch jobs using the H-1B portability provisions. If an employer violates the terms of employment, workers have legal recourse.

3. H-1B Visa Program Is Unregulated
Some assume that the H-1B program is poorly monitored. In reality, it is highly regulated. Agencies such as USCIS, the Department of Labor, and the Department of Homeland Security monitor compliance. Companies are subject to audits, site visits, and compliance reviews, sometimes unannounced, to verify that the employee is actively working as stated in the petition.

4. Most H-1B Workers Are Recent Graduates
It is often believed that H-1B visas are mostly granted to fresh graduates without work experience. Felipe explains that many H-1B workers have decades of experience. The program is primarily used to hire senior engineers, data scientists, physicians, researchers, architects, and managers who possess specialized knowledge. Fresh graduates may qualify if they have completed a U.S. Master’s degree, but most petitions are filed for experienced professionals.

5. H-1B Workers Come to Settle Permanently
While the H-1B visa allows dual intent, meaning a worker can eventually pursue permanent residency, it is a temporary non-immigrant visa. Typically granted for three years and extendable to six, extensions are generally approved once green card processing has started. Many H-1B holders leave the U.S. after their visa period ends.

Felipe emphasizes that understanding these facts is crucial to dispelling myths and recognizing that the H-1B program is structured, legal, and protective of workers’ rights.