The H-1B program allows companies in the United States to temporarily employ foreign workers in occupations that require the theoretical and practical application of highly specialized knowledge and a bachelor's degree or higher in the specific specialty.
Specialty Occupations
The H-1B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to Department of Defense cooperative research and development projects, or services as a fashion model of distinguished merit.
Foreign workers usually work in STEM fields as scientists, engineers, programmers. Fashion models also belong to the H-1B category. Your H-1B spouse and unmarried children under 21 may seek admission in the H-4 nonimmigrant classification.
Annual Cap Limits
Congress caps the quantity of H-1B visas that can be issued each year:
- H-1B Regular Cap: 65,000 (Less the Chile-Singapore Cap)
- H-1B Master's Exemption: 20,000 (Requires a U.S. Master's degree or higher)
- Chile-Singapore Cap: 6,800 (Deducted from the Regular Cap)
Cap-Exempt Employers
Congress has carved out exemptions from H-1B cap limitations for workers employed at certain qualifying institutions:
- Higher education institutions
- Non-profits related to or affiliated with higher education institutions
- Nonprofit research or governmental research organizations
The H-1B Lottery
Once an H-1B petition subject to the cap is filed, it must be selected by USCIS under a random lottery. This is because there is greater demand than there are visa numbers, so initial selection is done on a random basis.
If your H-1B petition is selected, it will then be adjudicated on the merits. The earliest date employment can begin is October 1st of that fiscal year.
Recent Changes
Changes to the H-1B program include:
- Graduates with advanced degrees from U.S. institutions will be selected first
- Premium processing offered in a two-phased approach
- New H-1B Employer Data Hub for transparency
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