H-1B visa

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... Wikipedia

  • Type:  Non-immigrant work visa
  • Purpose:  Employment of foreign workers in specialty occupations
  • Enacted:  Immigration 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
  • Duration:  Initially 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)
  • 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)
  • Dependents:  Spouse 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 Intent:  Allowed (can pursue permanent residency)
  • Oversight:  U.S. Citizenship and Immigration Services (USCIS)
  • Data source:  DuckDuckGo
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