H-1B visa

H-1B Visa
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)

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 visa program is carried out by the United States Citizenship and Immigration Services (USCIS) within the United States Department of Homeland Security (DHS).

Although U.S. law does not specify what it considers "specialty occupations," they are defined as a category of specialized knowledge and eligible applicants must have at least a bachelor's degree or higher qualification, or the equivalent work experience.

The visa allows an initial three-year stay in the U.S., which may be extended to a maximum of six years. After this period, the visa holder must either leave the U.S. or reapply. The number of 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. 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.

The H-1B program has been criticized for potentially subsidizing businesses, creating conditions likened to modern indentured servitude, institutionalizing discrimination against older workers, and suppressing wages within the technology sector. Economists and academics remain divided on the program's overall effect, including its effects on innovation, U.S. workers, and the broader economy.