The H-1B is a United States non-immigrant visa under section 101(a) (15)(H) of the Immigration & Nationality Act. This visa permits US employers to provisionally employ foreign workers in specialty occupations.

The regulations describe “specialty occupation” as requiring practical and theoretical application of a body of highly specialised knowledge in the fields of human endeavour, which include engineering, mathematics, architecture, biotechnology, social sciences, business specialties, law, theology, arts, and accounting. They require a state licensure, and a bachelor’s degree or equivalent. Similarly, the foreign worker should hold a state licensure and at least a bachelor’s degree, if needed to practise in that field.

The period of stay is three years, with maximum duration of six years. An exemption to the maximum length of stay applies in specific conditions. If an application for labour certification has been filed and is pending for at least 365 days, you will be granted a one-year extension; and a three-year extension if an I-140 Immigrant Petition has been approved.

The number of aliens who may be issued a visa or provided an H-1B status was limited to 65,000 under current U.S. Law. (The numerical restriction was provisionally raised to 195,000 in FY2001 until FY2003.) Additionally, all H-1B non-immigrants working at non-profit research facilities and universities are excluded from the cap. This only means that the contractors who are not directly employed by the institution might be exempt from the ceiling.

Laws also exclude from the cap on H-1B visas more than 20,000 foreign nationals who hold master’s degree or other higher degrees from U.S. universities. Free Trade Agreements also permit removal from the numerical limit of 5,400 for Singapore nationals and 1,400 for Chilean nationals.

The Department of Homeland Security approved approximately 132,000 H-1B visas during 2004 and 117,000 in 2005.