H-1B Visa

What It Means

The H-1B program, created by the Immigration Act of 1990 and codified at INA section 101(a)(15)(H)(i)(b), is the primary U.S. visa for high-skilled temporary workers. The annual statutory cap is 65,000 visas for the regular pool plus an additional 20,000 reserved for holders of U.S. master's or higher degrees (the "master's cap"), for a total of 85,000 new H-1Bs each fiscal year. Cap-exempt employers (universities, non-profit research organizations, and government research entities) are not subject to these numerical limits. Demand consistently and dramatically exceeds supply: USCIS received roughly 780,884 eligible registrations for the FY2024 cap, an oversubscription ratio of over 9 to 1 that triggered a lottery at the registration stage. The petition process requires the employer to first file a certified Labor Condition Application (LCA, Form ETA-9035) with the Department of Labor attesting to prevailing wage and working conditions, then submit Form I-129 with USCIS. H-1B status is granted in initial increments of up to 3 years and can be extended to a statutory maximum of 6 years under INA section 214(g)(4), with further extensions available under AC21 sections 104(c) and 106(a) for beneficiaries with approved I-140 petitions or pending labor certifications. H-1B holders benefit from dual intent, meaning they may simultaneously pursue permanent residence without jeopardizing their nonimmigrant status. Spouses on H-4 status can obtain employment authorization if the principal H-1B has reached certain green card milestones. Technology, healthcare, engineering, and finance employers dominate H-1B usage.

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