H-1B VISA PROGRAM: KEY FACTS
1. The H-1 B visa category is for professional positions. There are two requirements for eligibility: (1) the position must require at least a bachelor's degree in a particular field, and (2) the foreign national must have the required degree or the equivalent.
2. The employer is the H-1B petitioner. The employer files the petition and is required to pay the H- 1 B fees. The H-1 B approval authorizes the foreign national to work only for the petitioning employer.
3. H-1 B status is granted in maximum three year increments. The employer may file an H-1 B extension petition to request additional time. A foreign national is generally limited to six years in H-1 B status. They may be eligible for additional time beyond six years if they have a permanent residency (green card) case underway and the permanent residency case has reached a certain point.
4. An H- 1 B employer is required to pay the H-1 B employee the greater of: (1) the wage the employer pays to other employees in similar positions with similar credentials, or (2) the prevailing wage paid by other employers for similar positions in the same geographic area.
5. There is an annual 65,000 quota limiting the number of new H-1B spots available each year. The new H-1B spots become available each October 1. Employers may begin to apply for the October 1 spots on the prior April 1. The October 2007 quota was reached on the first day of filing in April 2007. There is a separate 20,000 quota for persons with U.S. advanced degrees (master's or higher). The October 2007 advanced degree quota was reached during the first month of filing in April 2007. No new H-1B quota spots will be available until October 1,2008.
6. Some types of employers are exempt from the H-1 B quota including nonprofit and government research organizations, institutions of higher education, and nonprofit institutions related to or affiliated with an institution of higher education. Some public school systems have been able to avoid the quota by arguing that they are related to or affiliated with institutions of higher education through joint programs such as student teacher training programs.
7. A transfer from one H-1B employer to another is not subject to the quota, unless the transfer is from a quota-exempt employer (such as a university) to a quota-subject employer.
8. The spouse and minor children of an H-1B employee may reside in the U.S. in H-4 status. An H-4 spouse or child may not work in the U.S.
1. The H-1 B visa category is for professional positions. There are two requirements for eligibility: (1) the position must require at least a bachelor's degree in a particular field, and (2) the foreign national must have the required degree or the equivalent.
2. The employer is the H-1B petitioner. The employer files the petition and is required to pay the H- 1 B fees. The H-1 B approval authorizes the foreign national to work only for the petitioning employer.
3. H-1 B status is granted in maximum three year increments. The employer may file an H-1 B extension petition to request additional time. A foreign national is generally limited to six years in H-1 B status. They may be eligible for additional time beyond six years if they have a permanent residency (green card) case underway and the permanent residency case has reached a certain point.
4. An H- 1 B employer is required to pay the H-1 B employee the greater of: (1) the wage the employer pays to other employees in similar positions with similar credentials, or (2) the prevailing wage paid by other employers for similar positions in the same geographic area.
5. There is an annual 65,000 quota limiting the number of new H-1B spots available each year. The new H-1B spots become available each October 1. Employers may begin to apply for the October 1 spots on the prior April 1. The October 2007 quota was reached on the first day of filing in April 2007. There is a separate 20,000 quota for persons with U.S. advanced degrees (master's or higher). The October 2007 advanced degree quota was reached during the first month of filing in April 2007. No new H-1B quota spots will be available until October 1,2008.
6. Some types of employers are exempt from the H-1 B quota including nonprofit and government research organizations, institutions of higher education, and nonprofit institutions related to or affiliated with an institution of higher education. Some public school systems have been able to avoid the quota by arguing that they are related to or affiliated with institutions of higher education through joint programs such as student teacher training programs.
7. A transfer from one H-1B employer to another is not subject to the quota, unless the transfer is from a quota-exempt employer (such as a university) to a quota-subject employer.
8. The spouse and minor children of an H-1B employee may reside in the U.S. in H-4 status. An H-4 spouse or child may not work in the U.S.
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