The US H1B visa is a type of nonimmigrant visa that lets US companies hire foreign workers in specialty jobs that require a high level of skill and education. A specialty job is one that requires highly specialized knowledge and at least a bachelor’s degree or its equivalent in the area of work. Specialty jobs include computer science, engineering, design, medicine, law, and accounting, just to name a few.
To get an H1B visa, the foreign worker’s employer must first file a petition with US Citizenship and Immigration Services (USCIS). The company must also send the Department of Labor (DOL) a Labor Condition Application (LCA) that states the following:
The H1B worker will be paid the prevailing wage or the real wage paid to other workers with similar qualifications, whichever is higher.
The number of H1B visas that can be issued each year is limited to 65,000, plus an extra 20,000 visas for people with a master’s degree or higher from a US school. Some companies, like universities, nonprofit research organizations, and government research organizations, are exempt from the cap. The H1B visa is good for up to three years and can be renewed for another three years, for a total of six years. The H1B worker must then leave the US for at least a year before they can apply for another H1B visa.
The H1B visa is tied to the business that filed the petition, so the worker can only work for the company that filed the petition. If the H1B worker wants to switch jobs, the new boss must give them a new H1B petition before they can start work. If the H1B worker loses their job or quits, they must leave the US or apply to change their status to another visa type.
The H1B visa also lets the H1B worker’s partner and any unmarried children under the age of 21 come to the US with them on an H4 visa. H4 visa users, on the other hand, are not allowed to work in the US unless they meet the requirements for an employment authorization document (EAD).
