Legal Definitions - H1-B visa

The H1-B visa is a type of temporary visa that allows highly educated foreign professionals to work in "specialty occupations" in the United States. These occupations require at least a bachelor's degree or equivalent in fields such as mathematics, engineering, technology, and medical sciences.

In order to obtain an H1-B visa, the foreign citizen must be sponsored by their employer. The employer must attest that hiring the foreign worker will not harm U.S. workers and must provide notice to existing workers of their intention to hire an H1-B worker.

The initial duration of an H1-B visa is three years, which can be extended for a maximum of six years. However, the number of H1-B visas issued each year is capped by Congress, currently at 65,000 with an additional 20,000 for those holding a master's degree or doctorate from a U.S. institution. Due to high demand, a lottery system is used to determine which applicants will receive the visas.

For example, if a technology company in the United States needs to hire a software engineer from India, they can sponsor the engineer for an H1-B visa. The company must attest that hiring the engineer will not harm U.S. workers and must provide notice to existing workers. If the engineer is selected in the lottery, they can work in the United States for up to six years.

For more information about nonimmigrant visas, please see the .