The H-1B Visa program allows U.S. businesses to temporarily employ foreign workers in specialty occupations.

Types of H-1B Visas:

-H-1B1 - Free Trade Agreement workers in a specialty occupation from Chile and Singapore.

-H-1B2 - Specialty occupations related to Department of Defense Cooperative Research and Development projects or Co-production projects.

-H-1B3 - Fashion models of distinguished merit and ability.

What can H-1B Visas be used for?

An H-1B VISA can be used to hire foreign worker for any job  that meets the following requirements:

-A bachelor’s degree or higher degree or its equivalent is normally the minimum requirement for the particular position;

-The degree requirement is common for this position in the industry, or the job is so complex or unique that it can only be performed by someone with at least a bachelor's degree in a field related to the position;

-The employer normally requires a degree or its equivalent for the position; or

-The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor's or higher degree.

What are the LCA requirements?

In order to prevent an adverse effect on the U.S. workforce, an employer applying to temporarily hire a nonimmigrant worker in H-1B, H-1B1 or E-3 status must attest that it has met or will meet the following requirements:

-Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment;

-Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers;

-No Strike/Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and

-Notice: Notify its U.S. workers that it intends to hire an H-1B, H-1B1 or E-3 nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E.

In addition, the employer must provide the nonimmigrant worker(s) with a copy of the certified ETA Form 9035/9035E no later than the first day on which the foreign worker begins to work for the employer.

An employer who is H-1B dependent or a willful violator must also attest that it has met or will meet the following requirements:

-Displacement: Non-displacement of the U.S. workers in the employer's workforce;

-Secondary Displacement: Non-displacement of the U.S. workers in another employer's workforce; and

-Recruitment and Hiring: Recruitment of U.S. workers and hiring of U.S. workers applicant(s) who are equally or better qualified than the H-1B non-immigrant(s).

Foreign workers on an H-1B Visa are allowed to stay in the U.S. For 3 years.  But, they can be extended to 6 years.  The maximum duration is 10 years for exceptional United States Department of Defense project related work.

Current law limits the number of permitted H-1B Visas to a total annual number of 85,000.   [65,000 for workers with or without a masters degree.  And a limit of 20,000 foreign nationals holding a U.S. master's or higher degree from U.S. universities from the cap on H-1B visas]. 

Certain exemptions:

-Those foreign workers who work at (but not necessarily for) universities, non-profit research facilities associated with universities, and government research facilities.  Universities can employ an unlimited number of foreign workers which will not count against the cap. 

-There are special set-asides for certain countries under Free Trade Agreements.  For example,1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. If these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries.

On April 1 [1st working day in April] every year the application season begins.  Employment authorizations are granted on October 1.

Applications are not accepted after enough applications have been received.

It is a random selection process [often referred to as a lottery system]

Those who have the U.S. master's exemption have two chances to be selected: first, those with a masters degree are entered into the 20,000 pool.  If they do not win they are automatically entered into the 65,000 pool.  Those without a U.S. Master's degree are only entered into the 65,000 pool.

The Application fee is $0.00 for the LCA; $460.00 for the Form I-129]; $190 for the DS-160.  If an applicant is not selected the application fee is refunded.

H-1B visa holders are allowed to travel outside the U.S.

The application process starts with the employer filing with the Department of labor a "Labor Condition Application" (LCA) [ETA Form 9035E/9035].  File at the DOL iCERT site: 

Once the LCA is obtained the employer then files Form I-129 [requesting H-1B classification for the worker].  File Form I-129 from the U.S. Citizenship & Immmigration Services [USCIS] website.

Once  USCIS approves the Petition for a Nonimmigrant Worker (Form I-129), you may apply for a visa at a U.S. Embassy or Consulate.   Website:

The worker must complete the online non-immigrant visa application Form DS-160: be prepared to upload a photo.  You will have the print the confirmation form and bring to the interview.  The application fee for the DS-160 is $190.00.

Once approved the worker can begin working in the U.S. based on the start date indicated on the visa.

Other employer obligations:

-Employer cannot charge worker a termination fee

-Employer must notify DHS of early termination

-Employer to pay return transportation cost of workers terminated

-Employer must provide the number of work hours specified in the application [full-time or part-time]