• Download your electronic I-94 Arrival/Departure Record from the Custom and Border Protection (CBP) I-94 website. The I-94 is a U.S. government document that records the arrival and departure of non-U.S. citizens entering the country. This is critical to confirm legal entry and track your duration of stay expiration date. 
  • Submit copies to:
    • Your immigration attorney
    • Your employer’s Human Resources (HR) department (or its equivalent) 
    • A trusted friend or relative for backup
• Send a picture of your visa stamp (H-1B or O-1A) to your attorney
• Retain backup copies (digital & hard copy)
  • Save scans of your passport bio page, visa stamp, and I-94 in a cloud-based folder
• If any discrepancies appear on your I-94 or visa stamp, contact the CBP Deferred Inspection Office immediately to correct them.
  • Some of these discrepancies include a misspelled name, incorrect admission date, missing immigration officer signature, incorrect employer listed, and errors in the order of family and given names, among others.

• Submit your I-94 to your employer/HR department
• Understand the “Admit Until Date” on your I-94
  • May differ from visa or petition end date
  • Must depart or extend status before this date
• Discuss your visa expiration date and duration of stay with your attorney and employer
  • Ask about timeline for extension, green card sponsorship, and travel risks
  • Employers may also be unfamiliar with critical timelines related to status extension, green card sponsorship, or travel risks. We encourage both employees and employers to review this guide together and consult with the immigration attorney who handled the visa sponsorship to ensure ongoing compliance and informed planning.
• Meet with your immigration attorney- the person who handled the employment-based visa 
  • Create a long-term action plan, whether it involves renewal, a change of status, or applying for permanent residency. See Part 4 below for more information on long-term planning.

• All noncitizens file Form AR-11 Change of Address with U.S. Citizenship and Immigration Services (USCIS) within 10 days of any move
  • Change of Address Online
• Update your address with:
  • Your employer’s HR system
  • DMV (for driver’s license or state ID)
  • Bank and tax records
• If you previously held DACA, some attorneys recommend sending proof of your new status to USCIS via a formal letter for recordkeeping

• Avoid international travel without first consulting an attorney
• Ensure you have:
  • A valid visa stamp
  • Letter of employment and recent pay stubs
  • Copy of I-797 approval notice, which should have been sent to you or your attorney when your H-1B or O-1 visa was approved by USCIS
  • Passport that is valid at least 6 months beyond the duration of your H-1B or O-1 status
• Set calendar reminders 90, 60, and 30 days before your I-94 or visa expiration

• Save your immigration attorney’s contact information in your phone
• Share important documents with a trusted emergency contact
• Carry digital and/or printed copies of your documents when traveling domestically or internationally (in case you’re asked to show proof of status)

• Employer-Specific Authorization
  • You are only authorized to work for the specific employer that petitioned for your H-1B visa and whose name appears on your approval notice (Form I-797)
  • You cannot receive compensation (wages, stipends, consulting fees, honoraria, etc.) from any other entity unless that entity has also filed a concurrent H-1B petition on your behalf that has been approved by USCIS.  Side gigs are prohibited.
• Prohibition on Honoraria
  • H-1B holders are generally not eligible to receive honoraria for guest lectures, conference presentations, panels, or similar academic/professional events.
• Permissible Unpaid Activities 
  • You may engage in unpaid professional activities such as:
    • Presenting at academic or professional conferences
    • Guest lecturing
    • Participating in workshops or events
• Reimbursements: Although you cannot receive compensation for these activities, reimbursements for travel-related expenses (e.g. airfare, lodging, meals) are generally allowed. Always consult an attorney, HR, or your sponsoring department before participating in outside engagements.

• Activity Flexibility (with limits)
  • O-1A status is tied to the specific itinerary of events, employer(s), and types of activities listed in the original O-1 petition filed on your behalf. You may only be paid for services and engagements that were included in the petition or that have been added through a formal amendment or new petition approved by USCIS.
  • If you are working with multiple clients or venues, your O-1 petition must generally reflect this, typically through:
    • An agent-based petition, or
    • Inclusion of detailed itineraries and contracts
  • Payment from third parties (e.g. a university, publisher, conference) must generally go through a petitioner or through an approved LLC acting as your agent or employer, if listed in your original petition. 
• Restrictions on Unlisted Activities
  • You generally cannot accept:
• New paid engagements not listed in the O-1 petition without filing an amendment
• Honoraria for activities outside the scope of your petition
• Example: If your O-1 was granted for work as a researcher with University A, you may not accept a paid speaking engagement at University B unless it was included in the original petition or added through amendment.
• Reimbursements Permitted
  • You may receive reimbursements for incidental expenses like transportation, meals, and lodging related to professional appearances.
  • These must be non-compensatory in nature (i.e., not payment for services rendered).
  • Honoraria not allowed
• Public Assistance Restrictions (See part 5 for additional details)
  • Most temporary visa holders are barred from receiving federal public benefits, and receipt of certain types of federal public benefits (e.g., food stamps and other means-tested benefits) could result in a future finding of inadmissibility (i.e., an immigration violation that could bar re-entry). 
  • Visa holders should understand what types of benefits could trigger inadmissibility. 

Residency Tests to Know:

Visa holders are treated as a nonresident alien for tax purposes and pay taxes on all US income, unless a Tax Treaty applies. You file federal tax form 1040NR unless you meet the test below. You are also subject to state and local income taxes. 

• Substantial Presence Test (SPT): Used to determine if you’re a “resident alien” for federal tax purposes.
  • If you’ve been in the U.S. for over 183 days (with a specific formula), you may be treated as a resident and taxed on worldwide income.
    • H-1B holders
      • If you are transitioning to H-1B status from another U.S. immigration “status,” such as DACA, F-1/OPT or J-1 —you may already be considered a resident for tax purposes under IRS rules.
      • Tax residency status can depend on your prior time in the U.S. and the specific visa held, so it’s important to review your individual situation or consult with a tax professional.
    • O-1A holders follow the same SPT and look at prior visits to the US.

State Tax Residency Rules Differ

• Some states consider you a resident if you spend more than 183 days there, regardless of federal status. Every state has different residency rules.
• Check with a tax advisor or state Department of Revenue site to confirm.

Many individuals who obtain a nonimmigrant visa do so with the long-term goal of securing lawful permanent residence (a green card) in the United States. Although the H-1B and O-1 visas do not provide a direct pathway to a green card, holders of these visas can typically adjust their status within the U.S., rather than having to leave the country to complete consular processing abroad. This is made possible by a provision in immigration law known as Section 245(k), which forgives certain prior immigration violations, provided the individual was subsequently admitted to the U.S. in a lawful status such as H-1B or O-1.

Employment-based green cards fall into three primary categories, based on the applicant’s qualifications and the nature of the job:

• EB-1: For individuals with extraordinary ability (comparable to O-1 standards), outstanding professors and researchers, or multinational executives and managers. The EB-1 does not require an employer sponsor.
• EB-2: For professionals holding advanced degrees or those with exceptional ability. This requires an employer sponsor and an approved labor certification (PERM), unless the applicant qualifies for a National Interest Waiver (NIW).
• EB-3: For skilled workers, professionals, and other workers. This category requires both an employer sponsor and an approved labor certification (PERM).

Each of these categories has distinct eligibility requirements and different processing timelines. Importantly, the timing of when a person can pursue lawful permanent residence may also depend on whether they are subject to a 3- or 10-year bar from reentry, as explained in the following sections.

As noted above, being eligible for lawful permanent residence is only one part of the process. Another critical step is determining the appropriate timing for pursuing permanent residence. Individuals who were admitted to the U.S. in H-1B or O-1 status without triggering the 3- or 10-year unlawful presence bars may begin the green card process immediately upon admission.

However, individuals who have triggered these bars must consider one of the following options based on their specific circumstances: 

• Contest the finding with USCIS and argue that the 3- or 10-year bar does not apply. 
  • For more details on this approach, including templates and guidance, refer to Path2Papers’ resource Adjustment of Status Guide for Former DACA Beneficiaries with a D3 Waiver Due to a 3- or 10-year Bar. 
  • Individuals considering this legal theory should avoid traveling abroad on their H-1B or O-1 visa, as departing the U.S. on such a visa may undermine their claim.
• Apply for a waiver by submitting Form I-601.
  • The I-601 waiver applies specifically to applications for lawful permanent residence and is distinct from the D3 waiver for nonimmigrant visas. To qualify for an I-601 waiver, the applicant must show that a U.S. citizen or lawful permanent resident spouse or parent would suffer extreme hardship if the applicant were required to remain outside the United States for 3 or 10 years.
• Wait out the required 3- or 10-year period before pursuing permanent residence. 
  • People who triggered the 3- or 10-year unlawful presence bars and are not eligible for a waiver can wait out the required time either inside or outside the U.S. before applying for permanent residence.
  • O-1 visa holders can keep renewing their status as long as they stay eligible.
  • H-1B visa holders need to plan carefully, as H-1B status is generally limited to 6 years (3 years plus a renewal), with some exceptions for extensions beyond the 6th year.

To learn more about these strategies, read Immigration Options After a DACA Beneficiary Returns to the U.S. with an H-1B and D3 Waiver.

Eligibility

Your legally married spouse and/or unmarried child(ren) under the age of 21 may be eligible for dependent status throughout the duration of your H-1B or O-1A. Eligible family members may apply for either H-4 status (dependent of an H-1B) or O-3 status (dependent of an O-1A). You should speak with your immigration attorney should you have questions about eligible status for dependent family member(s).

Ability to Study vs. Work

Both H-4s and O-3s are permitted to study in the US, from kindergarten all the way through postsecondary levels. However, H-4s are only permitted to work if they qualify and receive an Employment Authorization Document (EAD) from USCIS. To qualify, H-4s must either:

• Be a beneficiary of an Adjustment of Status (I-485) application.
• Be the spouse of someone in H-1B status who is the beneficiary of an approved I-140 petition.
• Be the spouse of someone in H-1B status who has been extended beyond the maximum of six years due to an employment-based green card application. 

Family members in O-3 status are not authorized to work or receive U.S.-sourced income.

Is Health Insurance Required? 

As a new H-1B or O-1 visa holder, it is important to consider health insurance coverage. Following the Patient Protection and Affordable Care Act (ACA), certain non-citizens may incur a tax penalty if not enrolled in an ACA-compliant health insurance plan by a certain date in the current tax year. Whether this applies to you will depend on whether or not you are considered a resident alien for tax purposes. Please refer to Part 3 above for important considerations, and refer to a tax advisor or your state’s Department of Revenue for additional details. According to the National Immigration Law Center’s(NILC) explainer, the only noncitizens eligible for premium tax credits under the ACA will be: 

• LPRs
• Cuban and Haitian Entrants 
• CoFA residents  

These changes will take effect beginning December 31, 2026

Where to Obtain Health Insurance Coverage 

Employer Sponsored 

Many employers provide health insurance coverage as part of their benefits package. Be sure to check in with your employer and their human resources department for more details. Per the U.S. Department of Labor, “The employer must offer benefits to the H-1B workers on the same basis, and in accordance with the same criteria, as the benefits the employer provides to similarly employed U.S. workers,” such as health insurance. 

Health Insurance Marketplace 

If your employer does not provide health insurance coverage, or you would like to consider other options, you might consider coverage through the Health Insurance Marketplace. Generally, “lawfully present immigrants,” including those with certain non-immigrant statuses on worker visas, have access to Marketplace coverage. You can learn more about Marketplace health coverage for lawfully present immigrants at HealthCare.gov.  According to the NILC explainer, lawfully present immigrants earning at least 100% of the federal poverty level may still enroll in unsubsidized coverage on the ACA health insurance marketplaces. Those who earn less than 100% of the federal policy level will not have access.

Short-Term Coverage

In the event you desire or require coverage before the enrollment period begins for a plan via your employer or the marketplace, you might consider temporary, short-term coverage. There are several companies offering plans tailored to those with temporary visas, including those listed on University of Cincinnati’s International Services page under “Other insurance plans.” It is important to carefully review these offerings to determine what makes the most sense for you, any potential dependents, and your health needs. 

The field of higher education is experienced in hiring and hosting international faculty and staff via H-1B and O-1 sponsorship. Many higher education institutions, like the ones linked below, provide additional details on items to consider for maintaining H-1B or O-1 status. Please note, some items are specific to the higher education field and/or to the particular institution:

H-1B

• • ASU – International Student & Scholars Center – H-1B Temporary Specialty Occupation

O-1

• • Harvard – International Office – O-1 Visa

• • USCIS – FAQ for Individuals in H-1B Nonimmigrant Status

• • USCIS – O-1 Visa: Individuals with Extraordinary Ability or Achievement

• • Sprintax – Filing taxes on H-1B visa – the Ultimate guide