Back H-1B German એચ-1બી વિઝા Gujarati हेच -1बी वीज़ा Hindi H-1B ವೀಸಾ Kannada H-1B 비자 Korean एच-१ बी व्हिसा Marathi H-1B visa NB எச்1பி நுழைவிசைவு Tamil H-1B签证 (美国) Chinese

H-1B visa

H-1B Visa
TypeNon-immigrant work visa
PurposeEmployment of foreign workers in specialty occupations
EnactedImmigration Act of 1990; roots in H-1 visa from Immigration and Nationality Act of 1952; modified by American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and subsequent legislation
Eligibility
  • Bachelor's degree or higher in specific specialty
  • Job offer for a specialty occupation
  • Employer sponsorship
DurationInitially up to 3 years, extendable to 6 years; further extensions possible under certain conditions (e.g., pending green card applications)
Annual Cap
  • 65,000 regular cap
  • 20,000 additional for U.S. advanced degree holders
  • 1,400 for Chilean nationals (H-1B1)
  • 5,400 for Singapore nationals (H-1B1)
  • Cap exemptions for certain employers (e.g., higher education institutions, nonprofit research organizations)[1]
Application Process
  • Employer submits electronic registration for H-1B lottery (implemented in 2020)
  • If selected, employer files Labor Condition Application (LCA)
  • Employer submits Form I-129 to USCIS
  • Applicant applies for visa at U.S. consulate (if abroad)
DependentsSpouse and unmarried children under 21 eligible for H-4 visas
Work Authorization
  • H-1B holder: Allowed to work for sponsoring employer
  • H-4 dependents: Eligible if H-1B spouse has approved I-140 immigrant petition or H-1B status beyond 6 years under AC21
Dual IntentAllowed (can pursue permanent residency)
OversightU.S. Citizenship and Immigration Services (USCIS)

The H-1B is a foreign worker visa in the United States that allows U.S. employers to hire foreign workers in so-called specialty occupations. The regulation and implementation of the visa program is carried out by the United States Citizenship and Immigration Services within the United States Department of Homeland Security.

Although the law does not specifically list what it considers "specialty occupations," they are defined as a category as an application of specialized knowledge and eligible applicants must have at least a bachelor's degree or higher qualification, or the equivalent work experience.[2][3]

The visa allows an initial stay of three years, which may be extended to a maximum of six years. After this period, the visa holder must either leave the United States or reapply. The number of H-1B visas issued each fiscal year is capped at 65,000, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from a U.S. institution. Sponsorship by an employer is required for applicants.[2]

In 2019, the U.S. Citizenship and Immigration Services (USCIS) estimated there were 583,420 foreign nationals on H-1B visas in the United States.[4] Between 1991 and 2022, the number of H-1B visas issued had quadrupled.[5] 265,777 H-1B visas were approved in 2022, the second largest category of visa in terms of total number of foreign workers after the 310,676 H-2A visas issued to temporary, seasonal agriculture workers.[6]

The H-1B program has faced criticism for potentially subsidizing businesses, creating conditions likened to modern indentured servitude, institutionalizing discrimination against older workers, and suppressing wages within the technology sector. Economists and academics remain divided on the program's overall impact, including its effects on innovation, U.S. workers, and the broader economy.[7][8][9][10][11][12]

  1. ^ "H-1B Electronic Registration Process". USCIS. Retrieved December 24, 2023.
  2. ^ a b 8 U.S.C. 1182 (n)(2)(c)(i), 20 Code Fed. Reg. 655.810 (b)(1), 20 Code Fed. Reg 655.801 (b), and 20 Code Fed. Reg. 655.810(b)(2)
  3. ^ Department of Homeland Security. “Specialty occupation.” Code of Federal Regulations, 8 CFR 214.2(h)(4)(ii).
  4. ^ H1-B Authorized-to-Work Population Estimate. (September 30, 2019). Report. Office of Policy and Strategy, Policy Research Division, United States Citizenship and Immigration Services.Archived from the original on December 28, 2024.
  5. ^ Kandal, William A.; Wilson, Jill H.; and Donovan, Sarah. A. (November 19, 2024). U.S. Employment-Based Immigration Policy. (PDF Report) Congressional Research Service. Archived from the original on December 29, 2024.
  6. ^ Report of the Visa Office 2023: Table XV(B) Nonimmigrant Visas Issued by Classification (Including Border Crossing Cards) Fiscal Years 2019–2023 (PDF) (Report). Washington, DC: Bureau of Consular Affairs, United States Department of State. 2023.
  7. ^ Davies, Phil (October 17, 2013). "Does foreign labor hurt U.S.-born workers?". Federal Reserve Bank of Minneapolis. Archived from the original on October 2, 2024.
  8. ^ Eisenbrey, Ross (March 20, 2015). "Senate Committee Debates Whether to Allow H-1B Guestworkers to Replace U.S. IT Workers". Economic Policy Institute. Archived from the original on July 15, 2024.
  9. ^ Roy, Diana; Klobucista, Claire; Cheatham, Amelia (August 7, 2024). "The U.S. Immigration Debate". Council on Foreign Relations. Archived from the original on January 3, 2025.
  10. ^ Price, Michelle (December 27, 2024). "An online debate over foreign workers in tech shows tensions in Trump's political coalition". Associated Press. Archived from the original on December 30, 2024.
  11. ^ Banerjee, Payal (December 31, 2018), Kretsedemas, Philip; Brotherton, David C. (eds.), "14. The Production of Noncitizen Exclusions Under H-1B and L-1 Visas", Immigration Policy in the Age of Punishment, Columbia University Press, pp. 276–291, doi:10.7312/brot17936-014, ISBN 978-0-231-54589-1, retrieved January 6, 2025
  12. ^ Kirkegaard, Jacob F. (2005). "Outsourcing and Skill Imports: Foreign High-Skilled Workers on H-1B and L-1 Visas in the United States". SSRN Electronic Journal. doi:10.2139/ssrn.872465. ISSN 1556-5068.
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