U.S. H-1B Visa

An U.S. H-1B Visa is a US non-immigrant visa that enables temporary specialty occupation employment (supporting professional work in specialized fields).

• AKA: U.S. Specialty Occupation Visa, H1B, U.S. Professional Work Visa.
• Context:
  • It can enable Professional Employment through employer sponsorship.
  • It can support Specialty Occupation through position qualification.
  • It can require Labor Condition Application through department of labor.
  • It can mandate Prevailing Wage through labor market protection.
  • ...
  • It can often allow Visa Transfer through new employer petitions.
  • It can often permit Dual Intent through immigration flexibility.
  • It can often enable Spousal Employment through h4 authorization.
  • ...
  • It can range from being a Basic H-1B Position to being an Advanced H-1B Position, depending on its skill requirements.
  • It can range from being a Standard Wage Level to being an Executive Wage Level, depending on its position complexity.
  • ...
  • It can have Annual Cap based on fiscal year limits.
  • It can require Educational Qualification for position eligibility.
  • It can involve Extension Process for continued employment.
  • ...
• Examples:
  • H-1B Visa (1990), established under Immigration Act of 1990 with 65,000 annual cap.
  • H-1B Visa (1998), increased to 115,000 annual cap under American Competitiveness Act.
  • H-1B Visa (2000), expanded to 195,000 annual cap with advanced degree exemptions.
  • H-1B Visa (2004), returned to 65,000 base cap with 20,000 advanced degree cap.
  • H-1B Visa (2017), implementing enhanced review process and site visit programs.
  • ...
• Counter-Examples:
  • L-1 Visa, which enables intracompany transfer rather than new employment.
  • TN Visa, which supports nafta professionals without annual cap.
  • E-3 Visa, which specifically serves australian professionals.
• See: US Immigration Law, Specialty Occupation, Labor Certification, Employment Authorization, Visa Category.

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