H-1B visa

The H-1B is a classification of non-immigrant visa in the United States that allows U.S. employers to hire foreign workers in specialty occupations, as well as fashion models, or persons who are engaged in Department of Defense projects who meet certain conditions. The regulation and implementation of visa programs are carried out by the United States Citizenship and Immigration Services (USCIS), an agency within the United States Department of Homeland Security (DHS). Foreign nationals may have H-1B status while present in the United States, and may or may not have a physical H-1B visa stamp.

INA section 101(a)(15)(H)(i)(b), codified at 8 USC 1184 (i)(1) defines "specialty occupation" as an occupation that requires

• (A) theoretical and practical application of a body of highly specialized knowledge, and
• (B) attainment of a bachelor's degree or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

H-1B visa status holders typically have an initial three-year stay in the U.S. They are entitled to a maximum of six years of physical presence in H-1B status. After reaching certain milestones in the green card process, H-1B status can be extended beyond the six-year maximum. The number of initial H-1B visas issued each fiscal year is capped at 65,000, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from a U.S. institution, for a total of 85,000. Some employers are exempt from this cap. Sponsorship by an employer is required for applicants.