H1B

H-1B is a United States non-immigrant visa program that allows U.S. employers to temporarily hire foreign workers in specialty occupations requiring theoretical or technical expertise. These occupations typically demand at least a bachelor’s degree or its equivalent in a related field. Common areas include information technology, engineering, science, medicine, and academia.

Eligibility and process

An employer must sponsor the worker and obtain a Labor Condition Application from the Department of Labor, asserting that the wage offered meets prevailing wage standards and that employment conditions are acceptable. The employer then files an H-1B petition with U.S. Citizenship and Immigration Services, proving the job requires a bachelor’s degree or higher and that the worker meets the qualifications. The applicant must meet the education and experience requirements.

Cap and exemptions

There is an annual cap of 65,000 H-1B visas, plus an allocation of up to 20,000 for individuals with a U.S. master’s degree or higher. Cap-exempt petitions are possible for certain employers, including universities, nonprofit research institutions, and government laboratories. When demand exceeds supply, a lottery is often used to select petitions for processing.

Duration and transfers

H-1B status is generally granted for up to three years and can be extended to a maximum of six years, with possible further extensions in connection with employment-based green card processes. Petitions can be filed by a new employer if the worker changes jobs, subject to new petitions and compliance requirements. Spouses on H-4 status may be eligible for work authorization under specific conditions.

Impact and alternatives

The program has played a central role in U.S. skilled labor markets but has faced criticisms related to wage levels, job displacement, and dependency on foreign workers. Reforms and policy proposals vary and influence future allocations and processing.