H-1B Visa: Temporary Workers

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Introduction to the H-1B Visa

The H-1B visa is a temporary work visa that allows U.S. employers to hire foreign workers in specialty occupations. These occupations require highly specialized knowledge and typically require a bachelor’s degree or its equivalent. The H-1B visa is commonly used for faculty and academic positions, such as Assistant Professor or Associate Research Scientist. The program is capped annually at 65,000, with an additional 20,000 reserved for workers with advanced degrees from U.S. universities.

Key aspects of the H-1B Visa

  • Purpose: To allow employers to hire foreign workers in specialty occupations when they cannot find qualified U.S. workers.
  • Specialty Occupation: A job that requires a bachelor's degree or its equivalent and the theoretical and practical application of a body of highly specialized knowledge.
  • Employer-Specific: H-1B employees can only work for the sponsoring employer named in the petition.
  • Wage Requirements: Employers must pay H-1B workers at least the actual wage paid to similar workers, or the prevailing wage for the occupation, whichever is higher.
  • Duration: H-1B visas are initially granted for three years and can be extended for up to six years. H-1B visas are initially granted for three years and can be extended for up to six years.
  • Application Process: Employers must file a petition with the Department of Labor and then submit it to USCIS.
  • Lottery System: When the number of applications exceeds the annual cap, USCIS uses a lottery system to select petitions for processing.
  • Dependents: H-1B visa holders' spouses and dependents may be eligible for certain benefits, such as attending school and, in some cases, work authorization.
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