H-1B visa

Extracted Attributes

• Purpose

  Allows U.S. employers to hire foreign workers for specialty occupations, fashion modeling, or Department of Defense projects

• Visa Type

  Non-immigrant visa

• Economic Impact

  May lead to lower wages for competing domestic workers, but also overall wage gains, reduced consumer prices, increased innovation, and enhanced total factor productivity growth for Americans

• Tax Requirement

  Employers generally withhold Social Security and Medicare taxes

• Exempt Employers

  Institutions of higher education, nonprofit and governmental research organizations, cap-exemption employees, applications to work in the Northern Mariana Islands and Guam, Chilean and Singaporean nationals

• Governing Agency

  United States Citizenship and Immigration Services (USCIS)

• Total Annual Cap

  85,000 visas (with exemptions)

• Parent Department

  Department of Homeland Security (DHS)

• Annual Cap (General)

  65,000 visas

• Mandatory Requirement

  Employer sponsorship

• Initial Duration of Stay

  3 years

• Maximum Duration of Stay

  6 years (extendable under certain green card process milestones)

• Approved H-1B Visas (2022)

  265,777

• Annual Cap (Advanced Degree)

  Additional 20,000 visas for U.S. master's degree or higher

• Estimated H-1B Holders (2019)

  583,420 foreign nationals

• Specialty Occupation Definition

  Requires theoretical and practical application of highly specialized knowledge, with a minimum entry requirement of a bachelor's degree or higher in that specific field, or its equivalent

• Fraud Prevention and Detection Fee

  $500 (for initial approval or change of employer)

Timeline

• The H1 visa, a precursor to the H-1B, was established under the Immigration and Nationality Act. (Source: summary)

  1952

• The H-1B visa was created by the Immigration Act of 1990, splitting from the H-1A visa category. (Source: summary)

  1990

• Start of the period during which the number of H-1B visas issued quadrupled by 2022. (Source: summary)

  1991

• Modifications to H-1B rules were made through legislation. (Source: dbpedia)

  1998

• Further modifications to H-1B rules were made through legislation. (Source: dbpedia)

  2000

• Specific modifications to H-1B rules were made for Singaporean and Chilean nationals. (Source: dbpedia)

  2003

• The H-1B Visa Reform Act introduced additional modifications to the program. (Source: dbpedia)

  2004

• Modifications to H-1B rules were made through legislation. (Source: dbpedia)

  2008

• Modifications to H-1B rules were made through legislation. (Source: dbpedia)

  2009

• USCIS estimated there were 583,420 foreign nationals holding H-1B visas in the United States. (Source: summary)

  2019

• 265,777 H-1B visas were approved, making it the second-largest visa category for foreign workers. (Source: summary)

  2022

• The annual cap for Fiscal Year 2025 H-1B visas was reached. (Source: web_search_results)

  2024-12-02

H-1B visa

The H-1B is a classification of non-immigrant visa in the United States that allows U.S. employers to hire foreign workers in specialty occupations, as well as fashion models, or persons who are engaged in Department of Defense projects who meet certain conditions. The regulation and implementation of visa programs are carried out by the United States Citizenship and Immigration Services (USCIS), an agency within the United States Department of Homeland Security (DHS). Foreign nationals may have H-1B status while present in the United States, and may or may not have a physical H-1B visa stamp. INA section 101(a)(15)(H)(i)(b), codified at 8 USC 1184 (i)(1) defines "specialty occupation" as an occupation that requires (A) theoretical and practical application of a body of highly specialized knowledge, and (B) attainment of a bachelor's degree or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. [1] H-1B visa status holders typically have an initial three-year stay in the U.S. They are entitled to a maximum of six years of physical presence in H-1B status. After reaching certain milestones in the green card process, H-1B status can be extended beyond the six-year maximum. The number of initial 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, for a total of 85,000. Some employers are exempt from this cap. Sponsorship by an employer is required for applicants. In 2019, the USCIS estimated there were 583,420 foreign nationals on H-1B visas in the United States. Between 1991 and 2022, the number of H-1B visas issued quadrupled. 265,777 H-1B visas were approved in 2022, the second-largest category of visa in terms of the number of foreign workers after the 310,676 H-2A visas issued to temporary, seasonal, agriculture workers. H-1B visas have been politically controversial, with various actors seeking to expand or restrict the visa program. Studies have shown H-1B visas can lead to lower wages for competing workers, but that H-1B visas have had welfare-improving effects for Americans, leading to significant overall wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth.

Web Search Results

• H-1B visa - Wikipedia

  The H-1B visa is a non-immigrant visa in the United States that allows employers to hire foreign workers in specialty occupations, has an annual cap on the number of issued visas, and requires employers to submit paperwork that ensures compliance with various provisions of the law authorizing the visa. ### Specialty occupation [edit] [...] The H-1B visa program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for applicants holding advanced degrees from U.S. institutions. Certain employers are exempt from these caps, including: institutions of higher education, nonprofit and governmental research organizations, cap-exemption employees (those who have already received H-1B visas), applications to work in the Northern Mariana Islands and Guam, and Chilean and Singaporean nationals. [...] In 2019, the USCIS estimated there were 583,420 foreign nationals on H-1B visas in the United States. Between 1991 and 2022, the number of H-1B visas issued quadrupled. 265,777 H-1B visas were approved in 2022, the second-largest category of visa in terms of the number of foreign workers after the 310,676 H-2A visas issued to temporary, seasonal, agriculture workers.

• The H-1B Visa Program and Its Impact on the U.S. Economy

  The H-1B is a temporary (nonimmigrant) visa category that allows employers to petition for highly educated foreign professionals to work in “specialty occupations” that require at least a bachelor’s degree or the equivalent. Jobs in fields such as mathematics, engineering, technology, and medical sciences often qualify. Typically, the initial duration of an H-1B visa classification is three years, which may be extended for a maximum of six years. [...] Since the category was created in 1990, Congress has limited the number of H-1Bs made available each year. The current annual statutory cap is 65,000 visas, with 20,000 additional visas for foreign professionals who graduate with a master’s degree or doctorate from a U.S. institution of higher learning (Figure 1). For Fiscal Year (FY) 2025, the cap was reached on December 2, 2024. [...] This fact sheet provides an overview of the H-1B visa category and petition process, addresses some of the myths perpetuated about the H-1B visa category, and highlights the key contributions H-1B workers make to the U.S. economy. Overview of the H-1B Visa Category and the Petition Process ### What is the H-1B Visa Category?

• H-1B Visas - Academic Personnel - Cal Poly, San Luis Obispo

  Skip to Content ? Current Students Prospective Students Parents Business Community Faculty & Staff Alumni my CalPoly login Maps ## Academic Personnel # H-1B Visas The H-1B visa is a temporary visa for specialty occupation workers which beneficiaries can generally hold for a maximum of 6 years. Academic Personnel assists in preparing and submitting I-129 petitions for eligible full-time faculty employees in need of an H-1B. ## General Requirements for a Specialty Occupation: [...] Filing Fees. Departments are responsible for payment of all filing fees associated with an H-1B visa. Initial approval of H-1B status or requests to change the employer for candidates already in H-1B status require an additional $500 Fraud Prevention and Detection fee. For the current I-129 filing fee, visit: . Please contact Academic Personnel for additional details on payment(s). [...] ## Applying for an H-1B Visa Departments wishing to hire full-time faculty on an H-1B visa are asked to contact Academic Personnel prior to the candidate's start of employment.

• H-1B Frequently Asked Questions | Berkeley International Office

  The H-1B is an employer-sponsored nonimmigrant classification which allows persons who are not citizens or permanent residents of the U.S. to work in a specialty occupation for up to six years with very limited exceptions. "Employer-sponsored" means that the employer must apply for the H-1B on behalf of the prospective H-1B employee through the United States Citizenship and Immigration Services (USCIS)(link is external). "Specialty occupation" means a position that requires specialized

• Temporary Worker Visas - Travel

  | Visa category | General description – About an individual in this category: | --- | | H-1B: Person in Specialty Occupation | For applicants working in a specialty occupation. Applicants must have at least a bachelor’s degree, or equivalent experience in the specialty occupation. Includes fashion models, physicians, and DOD project participants. |

• Instance Of

  Q170404

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H) that allows U.S. employers to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years; after which the visa holder may need to reapply. Laws limit the number of H-1B visas that are issued each year: 188,100 new and initial H-1B visas were issued in 2019. Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status. The H-1B visa has its roots in the H1 visa of the Immigration and Nationality Act of 1952; the split between H-1A (for nurses) and H-1B was created by the Immigration Act of 1990. 65,000 H-1B visas were made available each fiscal year, out of which employers could apply through Labor Condition Applications. Additional modifications to H-1B rules were made by legislation in 1998, 2000, in 2003 for Singapore and Chile, in the H-1B Visa Reform Act of 2004, 2008, and 2009. United States Citizenship and Immigration Services has modified the rules in the years since then.