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H-1B
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The H-1B visa allows U.S. employers to hire foreign workers in specialty occupations to bridge the skill gap, driving business and economic growth. But the road to securing an H-1B visa is not easy, requiring employers and beneficiaries to strategically plan their every move as even a minor error can further complicate the process, leading to petition denial.
Once the H-1B petition is approved, beneficiaries must choose between two paths to obtain their visa: Change of Status or Consular Processing. Each option has its own timeline, advantages, and risks, making it crucial for beneficiaries to make the right choice.
This blog will discuss both these routes in depth, helping you understand the major differences and make an informed choice.
Change of Status (COS) refers to the process where an individual already legally residing in the United States, typically on a different visa (like F-1 student or H-4 dependent), can transition to the H-1B status without leaving the country. When filing the H-1B petition, the employer can request a COS, and once the petition is approved, the status will automatically change.
For example, if an F-1 student is working for an employer under STEM OPT, the employer can request a change of status when filing an H-1B petition.
Note: If the employer doesn’t request a COS, the beneficiary will have to go for consular processing once their petition is approved.
Consular processing (CP) refers to the process in which the beneficiary must apply for an H-1B visa at a U.S. embassy or consulate outside the United States. Once the H-1B petition is approved, the beneficiary must attend an in-person visa interview. Upon visa approval, the beneficiary can travel back to the U.S. under their new visa status and start working.
For example, if a U.S. employer files an H-1B petition for a worker who is currently in India, the worker will need to schedule a visa interview at the U.S. embassy or consulate once their petition is approved. After securing the visa, they can travel to the U.S and start working.
Both COS and CP are pathways to transition to an H-1B visa status, but there are significant differences between these two, and beneficiaries need to understand these points so they can make the right choice.
COS: The applicant is already in the United States when the petition is filed, and is not required to leave the country.
CP: The applicant is outside the U.S. and must attend a visa interview at a U.S. embassy or consulate in their home country once their petition is approved.
COS: The employer requests a change of status when they file an H-1B petition.
CP: When an employer does not request for a COS during the H-1B petition filing or the beneficiary is already outside the country, the H-1B visa is granted via CP.
COS: If the H-1B beneficiary travels outside the U.S. while their COS is pending, the request will be abandoned, and they will have to opt for CP instead.
CP: The H-1B beneficiaries need to leave the country, and once their visa is approved, they can travel back to the US without any restrictions.
COS: Less risky as the H-1B beneficiary doesn’t have to worry about the hassle of traveling to attend the visa interview.
CP: A bit riskier as there is a possibility of delays or denials, and applicants can also face issues with visa stamping if the consular officer has concerns or requires additional documentation to proceed with their application.
COS: Typically faster, and once the H-1B petition is approved, the beneficiary is eligible to start working from the designated start date, which usually is October 1.
CP: A bit slow as compared to COS. The applicant must go through a structured process involving the interview, visa stamping, and traveling back to the U.S., making it a bit complex.
When sponsoring a foreign worker on an H-1B visa, employers must choose between COS and CP. While both options can lead to successful hiring, each pathway comes with implications that can either simplify an organization’s business operations or disrupt them.
However, by closely understanding the advantages and potential drawbacks of both processes, employers can make informed decisions.
Change of Status
1. Smarter onboarding: COS accelerates the hiring process for employers by allowing employees to begin their employment without needing to leave the country, ensuring minimal to no disruption in their daily operations.
2. Workforce stability: COS eliminates the need for any external process, creating a more stable environment for employees, which gives them enough time to know their new workforce and policies.
3. Administrative ease: The process streamlines HR coordination and immigration compliance as no time is wasted on consulate scheduling or cross-border travel.
4. Risk of abandonment: If the H-1B beneficiary travels abroad while their status is pending, their status will be abandoned even when their H-1B petition is approved.
Consular Processing
1. Longer onboarding timelines: The beneficiary needs to complete an extensive visa process which sometimes creates delays and unnecessary hassle for employers.
2. Greater dependency on external factors: The success of the visa process depends on factors such as appointment availability and possible administrative processing, making it a time-consuming process.
3. Risk of withdrawal: Sometimes, the beneficiaries may withdraw their applications due to the lengthy or uncertain nature of CP, which can disrupt the employer’s financial planning and delay future projects.
4. Increased administrative burden: Employers must track every move to ensure compliance with immigration guidelines, creating an administrative burden requiring additional coordination with legal and HR teams.
Now that we have discussed the major differences between these two processes, it’s time to decide how employers and H-1B beneficiaries make the right choice.
An H-1B beneficiary can opt for COS if they are:
An H-1B beneficiary can opt for CP if they are:
Whether one opts for COS or CP, there are some common mistakes that must be avoided to facilitate a smooth transition to H-1B employment:
1. Assuming COS equals visa stamping: It is important to understand that COS only changes your status automatically inside the U.S, and in the future, if you travel outside the U.S, you will need a visa stamp to return.
2. Traveling internationally before COS is approved: H-1B beneficiaries must not travel outside the U.S until their status is updated, as doing so would abandon their COS request, and they will have to choose consular processing.
3. Not preparing for the visa stamping: H-1B beneficiaries must properly prepare for their visa stamping interview, as a weak interview can lead to rejection even when their H-1B petition is approved.
4. Improper documentation for CP: Beneficiaries must thoroughly prepare their documentation for visa interviews, as any inaccurate information or missing papers can result in significant delays.
5. Ignoring timelines and deadlines: Beneficiaries must closely track the timelines for H-1B approval, COS dates, and visa interview scheduling as missing these important dates could jeopardize your H-1B employment.
The H-1B registration for FY 2026 was concluded on March 31, 2025, and petition filing is currently underway. H-1B beneficiaries can get their visa via two pathways: COS and CP. If the H-1B beneficiary is already in the U.S, their employer can request a change of status when filing Form I-129.
However, if the beneficiary is outside the United States or their employer forgets to request a change of status, they must go for consular processing.
If H-1B beneficiaries choose CP, they must leave the country and attend an in-person interview at a U.S embassy or consulate.
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