Section 3.6 — Distribution of petitions by annual compensation'*

Tables 10, 11, and 12 show compensation by occupation for beneficiaries of all, initial, and
continuing employment, respectively. Each table shows occupations arranged in descending
order by the total number of beneficiaries approved in FY 2016. As shown in Table 10, the
median annual compensation reported by employers of H-1B workers approved for employment
during FY 2016 was $82,000, The median annual compensation was $79,000 in FY 2015.
Median compensation ranged from a low of $37,000 for occupations in religion and theology to
a high of $115,000 for law and jurisprudence occupations.

Table 10. Annual Compensation ($) of All H-1B Beneficiaries by Major Occupation
Group: FY 2016 (Approvals)'®

Total 25% Median Mean 75%
Occupation Reported | Percentile Percentile

Total 344,997 67,000 82,000 91,000 106,000
Known Occupations with annual compensation 343,993 67,000 82,000 91,000 106,000
Computer-related Occupations 237,757 70,000 83,000 90,000 105,000
Occupations in Architecture, Engineering, and Surveying 27,816 70,000 87,000 94,000 109,000
Occupation in Administrative Specializations 19,085 56,000 75,000 87,000 108,000
Occupations in Education 18,083 46,000 57,000 69,000 78,000
Occupations in Medicine and Health 14,109 59,000 86,000 129,000 190,000
Occupations in Mathematics and Physical Sciences 6,275 65,000 83,000 90,000 110,000
Managers and Officials 4,830 47,000 57,000 68,000 78,000
Occupations in Life Sciences 4,573 74,000 106,000 117,000 140,000
Occupations in Social Sciences 3,898 73,000 100,000 108,000 136,000
Miscellaneous Professional, Technical, and Managerial 3,465 60,000 85,000 95,000 119,000
Occupations
Occupations in Art 2,084 48,000 61,000 75,000 33,000

tea . 908 65,000 115,000 124,000 170,000
Occupations in Law and Jurisprudence

HRAee 421 38,000 56,000 63,000 85,000

Occupations in Writing
Miscellaneous 319 36,000 48,000 53,000 60,000
Occupations in Entertainment and Recreation 148 50,000 62,000 79,000 83,000
Occupations in Museum, Library, and Archival Sciences 138 33,000 44,000 55,000 66,000
Occupations in Religion and Theology 69 30,000 37,000 42,000 50,000
Sales Promotion Occupations 15 0 52,000 90,000 130,000
Occupation unknown 1,004 55,000 74,000 __86,000 99,000

Notes: Occupations ranked by number of beneficiaries.
*N.E.C. indicates not elsewhere classified.
Definitions: Median is the middle ranking value (50" percentile) of all values.
Mean is the average of all values.
25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.

'S Annual compensation refers to what the employer agreed to pay the beneficiary at the time the application was filed.

The amount excludes non-cash compensation and benefits such as health insurance and transportation. Further,
compensation is based on full-time employment for 12 months, even if the beneficiary worked fewer than 12 months.
'© The Fiscal Year 2012 report reflects detailed occupational groups, whereas the Fiscal Year 2010, 2011, 2013,
2014, 2015, and 2016 reports reflect major occupational groups, which capture data on the general categories of
H-1B positions,

16


The breakdown of the highest level of education achieved by H-1B beneficiaries remained
mostly constant between FYs 2015 and 2016. As shown in Table 6, 44 percent of all H-1B
petitions approved for workers in FY 2016 reported that the beneficiary had earned the
equivalent of a bachelor’s degree, 45 percent a master’s degree, 7 percent a doctorate, and 3
percent a professional degree.

Table 6. Percent of H-1B Petitions Approved by Level of Education:

FYs 2013-2016

Level of Education FY 2013 FY 2014 FY 2015 FY 2016

Education known 100 100 100 100
Less than a Bachelor's degree 1 1 1 1
Bachelor's degree 45 45 45 44
Master's degree 4 4B 44 45
Doctorate degree 9 7 7
Professional degree 3 4 3 3

Note: Sum of percent may not add to 100 due to rounding.

Table 7. H-1B Petitions Approved by Level of Education of Beneficiary

and Type of Petition: Fiscal Year 2016

Level of Education All Percent Initial Percent Continuing Percent
Beneficiaries Employment Employment

Total 345,262 114,503 230,759
Education known 345,222 100 114,487 100 230,735 100
No high school diploma 53 0.02 25 0.02 28 0.01
High school graduate 128 0.04 52 0.05 76 0.03
Less than | year of college credit 28 0.01 10 0.01 18 0.01
1 or more years of college credit,

no diploma 220 0.06 75 0.07 145 0.06
Associate's degree 209 0.06 62 0.05 147 0.06
Bachelor's degree 152,530 44.18 45,399 39.65 107,131 46.43
Master's degree 156,784 45.42 52,002 45.42 104,782 45.41
Doctorate degree 23,922 6.93 12,775 11.16 11,147 4.83
Professional degree 11,348 3.29 4,087 3.57 7,261 3.15
Education unknown 40 we 16 xmas 4 —

Notes:

Sum of the percent may not add to 100 due to rounding.

Percentages shown in the table are based on the number of approved petitions with known levels of

education.

Section 3.5 — Distribution of petitions by occupation

Occupational Category


Table 13A. H-1B Petitions Approved by Detailed Industry and Type of Petition
(Number) FYs 2015 and 2016

All Initial Continuing
Beneficiaries Employment Employment
FY 2015 FY2016 | FY2015 FY 2016 | FY2015 FY 2016
Industry Number Number | Number Number | Number Number
Total 275,317 345,262 | 113,603 114,503 | 161,714 230,759
Industry known 250,685 318,093 | 102,187 104,923 | 148,498 213,170
‘Custom Computer Programtning 86,775 114,299] 38,008 36,048] 48,771 78,251
Services
Eoser Sista et Seis 28,974 36,773] 9,371_~—«10,060] 19,603 26,713
‘Colleges; Univeraities, and: 15,777 18,696] 9,151 10.254] 6,626. 8,442
Professional Schools
Sore Sens Desige-and 5,514 8,727 2,155 3,190 3,359 5,537
Software Publishers 6.870 8,805] 2,703 2,959] 4,167 5,846
Other Computer Related Services 5215 6,583] 2019 1,882] 3,196 4,701
Enjhieering Services 5818 7,173] 2,543 2,735] 3,275 4,438
General Medical and Surgical
eet 4495 5,483 | 2,052, 2,230] 2,443 (3,604
Management, Scientific, and
Technical Consulting Services 3.285 4911 1,788 1,699 1497 3,212
Administrative Management and
General Management Consulting .2,957_3,871 1343 1,506] 1,614 2,365
Services
Electronic Computer Manufacturing 3,422 4,510] 1,073 1324] 2349 3,186
Elementary and Secondary Schools 2,338 2,773 888 963] 1,450 1,810
bivegnies Gaoking ene Secintion 3,813 4,191 1,191 1,274 2,622 2,917
Dealing
Offices of Physicians (except Mental
Helaecidias 2116 2,549 13 si 1,403 1,738
Semiconductor and Related Device fan ' Ses ses all (eae uate
Manufacturing
Semiconductor and Other Electronic
Seer inutounts 1915 2,529 13 1,086} 1,202 1,443
Research and Development in the
Physical, Engineering, and Life 1,828 2,245 915 390 913 1,203
Sciences
Offices of Certified Public
pedir 2327 2,476 1,096 = 1,070] 1,231 1,406
Radio and Television Broadcasting
and Wireless Communications 1611 2,183 482 364] 1,129 1,819
Equipment Manufacturing
Offices of Other Holding Companies 1279 1,562 360 317 9191245
Other Industries” 62,384 75,254 | 22,867 «23,926 | 39,523 51,620
Industry unknown 24,632 27,169 11,416 29,580 «13,216 17,589

Notes: Industries ranked by total beneficiaries in FY 2016.
NAICS stands for North American Industry Classification System.

Table 13B. H-1B Petitions Approved by Detailed Industry and Type of Petition
(Percent) FYs 2015 and 2016

?° See footnote 19.
20


I. Legislative Requirement

Section 416(c)(2) of the American Competitiveness and Workforce Improvement Act of 1998
(ACWIA), Pub. L. 105-277, div. C, tit. IV, 112 Stat. 2681, includes the following reporting

requirement:?

[T]he Attorney General’ shall submit on an annual basis, to the Committees on the
Judiciary of the United States House of Representatives and the Senate, information on
the countries of origin and occupations of, educational levels attained by, and
compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant
status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act during
the previous fiscal year.

? Sections 416(c)(1) and (3) of ACWIA, Pub. L. 105-277, div. C, tit. IV, 112 Stat. 2681, require the submission of
data on the number of aliens issued visas or otherwise provided nonimmigrant status pursuant to petitions filed by
institutions or organizations described in section 212(p)(1) of the INA. This data is included in the “Report on H-1B
Petitions” for Fiscal Year 2016.
5 As of March 1, 2003, in accordance with section 1517 of Title XV of the Homeland Security Act of 2002 (HSA),
Pub. L. 107-296, 116 Stat. 2135, any reference to the Attorney General in a provision of the Jmmigration and
Nationality Act describing functions which were transferred from the Attorney General or other Department of
Justice official to the Department of Homeland Security by the HSA “shall be deemed to refer to the Secretary” of
Homeland Security. See 6 USC 557 (2003) (codifying HSA, Title XV, § 1517).

1


As revealed in Tables 11 and 12, beneficiaries for continuing employment reported higher annual
compensation than did beneficiaries for initial employment. In FY 2016, workers approved for
continuing employment and initial employment reported median annual compensation of
$88,000 and $71,000, respectively.

Table 11. Annual Compensation ($) of H-1B Beneficiaries for Initial Employment
by Major Occupation Group: FY 2016 (Approvals)!”

Total 25% Median Mean 75%
Occupation Reported Percentile Percentile

Total 114,424 60,000 71,000 81,000 90,000
Known Occupations with annual compensation 114,051 60,000 71,000 $1,000 90,000
Computer-related occupations 69,831 64,000 72,000 80,000 90,000
Occupations in Architecture, Engineering, and Surveying 10,238 62,000 75,000 83,000 95,000
Occupations in Education 9,413 45,000 55,000 68,000 77,000
Occupations in Administrative Specializations 7,789 50,000 62,000 74,000 85,000
Occupations in Medicine and Health 4,962 53,000 70,000 119,000 177,000
Occupations in Mathematics and Physical Sciences 2,785 60,000 75,000 81,000 96,000
Occupations in Life Sciences 2,517 45,000 52,000 63,000 68,000
Managers and Officials 1,622 50,000 71,000 83,000 100,000
Occupations in Social Sciences 1,531 64,000 88,000 104,000 122,000
Miscellaneous Professional, Technical, and Managerial

Occupations 1,502 65,000 84,000 93,000 120,000
Occupations in Art 903 42,000 56,000 71,000 70,000
Occupations in Law and Jurisprudence 443 57,000 105,000 116,000 160,000
Occupations in Writing 182 36,000 45,000 52,000 63,000
Miscellaneous 140 34,000 43,000 46,000 53,000
Occupations in Entertainment and Recreation 78 48,000 61,000 71,000 79,000
Occupations in Museum, Library, and Archival Sciences 67 35,000 44,000 51,000 65,000
Occupations in Religion and Theology 36 32,000 36,000 40,000 48,000
Sales Promotion Occupations 12 0 52,000 93,000 130,000
Occupation unknown 373 49,000 63,000 81,000 85,000
Notes: Occupations ranked by the number of beneficiaries.
Definitions: Median is the middle ranking value (50" percentile) of all values.

Mean is the average of all values.
25" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.
Table 12. Annual Compensation ($) of H-1B Beneficiaries for Continuing Employment by
Major Occupation Group: FY 2016 (Approvals)'®
Total 2s Median Mean 75M
Occupation Reported Percentile Percentile
Total 230,573 70,000 88,000 96,000 112,000

'’ The FY 2012 report reflects detailed occupational groups, whereas the FY 2010, 2011, 2013, 2014, 2015 and 2016
reports reflect major occupational groups, which capture data on the general categories of H-1B positions.
'S The FY 2012 report reflects detailed occupational groups, whereas the FY 2010, 2011, 2013, 2014, 2015, and
2016 reports reflect major occupational groups, which capture data on the general categories of H-1B positions.
17


B. Data Limitations

The data for the tables in this report have been extracted from a USCIS Service Center electronic
data file. As such, errors in data may have occurred as a result of erroneous data submitted by
the petitioner, initial data entry errors at service centers, or improper electronic transfer from the
service centers to USCIS Headquarters. Accordingly, some data elements in the above tables are
“unknown.”

Minimal editing has been done to the data in this file, and impossible or highly improbable
values (such as beneficiaries younger than 16, except for fashion models) or beneficiaries (such
as those working without compensation) have been defined as “unknown.” Information in
electronic format is not available regarding the cities or states where H-1B workers are
employed.

23


Section 3.7 — Distribution of petitions by industry

Tables 13A and 13B show the top 20 industries that employed H-1B workers in FY 2016.
Industry data are collected using the North American Industry Classification System (NAICS).
The top 20 industries listed in Tables 13A and 13B represent nearly 92 percent of H-1B workers
approved for all known industry categories as determined by the NAICS code entered on Form
1-129.'° The number of workers approved for all known industries increased by 27 percent from
250,685 in FY 2015 to 318,093 in FY 2016.

'° The remaining known industries for which H-1B workers were approved are captured in the “Other Industries”
category in Tables 13A and 13B. For FY 2016, H-1B workers were approved for just over 1,400 unique industry
categories as determined by the NAICS code entered on the Form I-129. Unlike country of birth, age, education,
and occupation, USCIS does not verify the NAICS code.

19


Detailed Occupation

Tables 9A and 9B indicate the distribution of beneficiaries by detailed occupational category in
FYs 2015 and 2016. Each table shows occupations arranged in descending order by the total
number of beneficiaries approved in FY 2016. The list is limited to the top 20 categories. Of
approved petitions in 2016, 59 percent were for aliens working as systems analysts or
programmers. Aside from the “Other Occupations” category, the second largest category was
computer-related occupations.

Table 9A. H-1B Petitions Approved by Detailed Occupation of Beneficiary and Type of
Petition (Number): FYs 2015 and 2016

All Initial Continuing
Beneficiaries Employment Employment

Occupational Category FY 2015 FY 2016 | FY 2015 FY2016 | FY 2015 FY 2016

Number Number | Number Number | Number Number

Total 275,317 345,262 113,603 113,503 161,714 230,759
Occupation known 275,317 345,233 113,603 114,501 161,714 = 230,732
Occupations in Systems Analysis and Programming 154,549 203,025 60,126 60,385 94,423 142,640
Computer-Related Occupations, N.E.C.* 23,920 29,342 8,876 7,694 15,044 21,648
Occupations in College and University Education 12,239 14,672 7,224 8,158 5,015 6,514
Electrical/Electronics Engineering Occupations 8,975 10,972 3,467 3,538 5,508 7,434
Accountants, Auditors, and Related Occupations 6,898 7,825 3,440 3,499 3,458 4,326
Physicians and Surgeons 5,772 7,329 2,344 2,427 3,428 4,902
Mechanical Engineering Occupations 4,657 5,523 1,961 2,086 2,696 3,437
ppaton in Architecture, Engineering, and Surveying, 3,149 3.715 1,380 1,482 1,769 2.233
Occupations in Administrative Specializations, N.E.C.* 3,163 3,673 1,349 1,403 1,814 2,321
Budget and Management Systems Analysis Occupations 3,814 4,637 1,848 1,781 1,966 2,856
Me Deets Technical, and Managerial Occupations, 3,437 3,692 1,446 1,403 1,991 2289
Occupations in Biological Sciences 3,090 3,705 1,762 2,008 1,328 1,697
Occupations in Economics 3,084 3,051 1,429 1,378 1,655 1,673
Occupations in Medicine and Health, N.E.C.* 2,180 2,482 1,047 1,137 1,133 1,345
Occupations in Computer System Technical Support 2,402 2,902 949 867 1,453 2,035
Miscellaneous Managers and Officials, N.E.C.* 2,011 3,692 720 704 1,291 1,575
Industrial Engineering Occupations 2,157 2,350 834 905 1,323 1,445
Occupations in Data Communications and Networks 1,944 2,233 855 805 1,089 1,428
Occupations in Mathematics 2,434 3,308 1,185 1,486 1,249 1,822
Therapists 1,564 2,014 488 522 1,076 1,462
Other Occupations 23,878 25,091 10,873 10,833} 13,005 ‘15,650
Occupation Unknown 0 29 0 2 0 7

Notes: Occupations ranked based on FY 2016 data.
*N.E.C. indicates not elsewhere classified.


Table 3 provides a breakdown of approved petitions in FYs 2013 to 2016 by type of petition. In
FY 2016, 114,503 H-1B beneficiaries were approved for initial employment and 230,759 were
approved for continuing employment.

The number of aliens outside the United States approved for initial employment decreased

6 percent from 62,656 in FY 2015 to 58,896 in FY 2016. The corresponding number of petitions
approved for aliens in the United States requesting a change to H-1B status increased by

9 percent from 50,947 in FY 2015 to 55,607 in FY 2016,

Table 3. H-1B Petitions Approved by Type:

FYs 2013 to 2016
Petitions Approved

Type of Petition FY2013 Percent FY2014 Percent FY2015 Percent] FY2016 Percent
Total 286,773 100 315,857 100 275,317 100 [345,262 100
Initial
employment 128,291 45 124,326 39 113,603 41 [114,503 33
Aliens outside U.S. 68,785 24 68,390 22 62,656 23 | 58896 = 17
Aliens in U.S. 59,506 21 55,936 18 50,947 19 | 55607 16
Continuing
employment 158,482 55 191,531 61 161,714 59__| 230,759 __67

Note: Sum of the percent may not add to 100 due to rounding.

Section 3.2 — Distribution of petitions by country of birth

Tables 4A and 4B show the distribution of beneficiaries by country of birth.'* Of the H-1B
petitions approved in FY 2016, 74 percent reported that the beneficiary was born in India., The
second most prevalent country of birth of H-1B beneficiaries was the People’s Republic of
China, representing 9 percent of all beneficiaries. The number of beneficiaries from India
approved for initial employment decreased by less than one percent in FY 2016, while the
number of beneficiaries approved for continuing employment increased by 50 percent in FY
2016.

'2 Data represent countries and territories of birth.


Although USCIS is responsible for evaluating an alien’s qualifications for the H-1B
classification and effecting a change of nonimmigrant status for aliens already in the
United States in another nonimmigrant classification, approval of an H-1B petition does not
guarantee issuance of an H-1B visa or admission to the United States in H-1B status. The
responsibility for visa issuance rests primarily with the Department of State (DOS), which
determines whether a prospective alien employee is eligible for issuance of a visa at a

U.S. Embassy or Consulate abroad after the H-1B petition has been approved by USCIS.
Determinations of whether to admit an alien in H-1B status are made by U.S. Customs and
Border Protection at a port of entry. Possession of a visa does not guarantee admission.

An alien generally may be admitted to the United States in H-1B status for a maximum period of
six years, see INA 214(g)(4); however, each H-1B petition may only be approved for a
maximum period of three years.° See 8 CFR 214.2(h)(9)(iii)(A)(1). The H-1B petition may be
used to sponsor an alien for an initial period of H-1B employment or to extend or change the
authorized stay of an alien previously admitted to the United States in H-1B status or another
nonimmigrant status. An employer may file the petition to sponsor an alien who currently has
H-1B nonimmigrant status working for another employer or amend a previously approved
petition. Therefore, the total number of approved petitions in any given fiscal year may exceed
the actual number of aliens who are provided nonimmigrant status in the H-1B classification. At
the end of the six year period, the alien must either change to a different status (if eligible) or
depart the United States, unless otherwise exempt.” USCIS regulations provide that an alien who
has resided and been physically present outside the United States for at least one year may be
eligible for a new six-year period of admission in H-1B status. See 8 CFR 214.2(h)(13)(iii)(A).

When the H-1B category was enacted in 1990, Congress set a maximum of 65,000 aliens who
could be issued H-1B visas or otherwise provided H-1B status during each fiscal year. This
limitation, commonly referred to as the “H-1B cap,” does not apply to H-1B petitions filed on
behalf of certain aliens who have previously been counted against the cap. Thus, generally, a
petition to extend an H-1B nonimmigrant’s period of stay, change the conditions of the H-1B
nonimmigrant’s current employment, or request new H-1B employment for an H-1B worker
already in the United States will not count against the H-1B fiscal year cap. An approved
petition for initial employment is also exempt from the cap if the petitioner is an institution of
higher education or nonprofit entity affiliated with or related to an institution of higher
education, or if the petitioner is a nonprofit research organization or governmental research
organization. See INA 214(g)(5)(A)-(B), 8 USC 1184(g)(5)(A)-(B).

° Analien involved in DOD cooperative research and development projects or coproduction projects may be
admitted to the United States in H-1B status for a maximum period of ten years, see 8 CFR 214.2(h)(13)(iii)(B);
however, the H-1B petition may only be approved for a maximum period of five years. See 8 CFR
214.2(h)(9)(iii)(A)(2).
? Certain aliens are exempt from the six year maximum period of admission under the provisions of the American
Competitiveness in the Twenty-First Century Act of 2000 (AC21), Pub. L. 106-313, 114 Stat. 1251.

3


II. Background

An H-1B temporary worker is an alien admitted to the United States to perform services in a
“specialty occupation.”*

The H-1B nonimmigrant classification is a vehicle through which employers may obtain workers
on a temporary basis. The program is designed to provide employers the opportunity to employ
qualified workers who are not otherwise authorized to work in the United States. Employers
may file an H-1B petition for an alien to perform services in a specialty occupation, services of
an exceptional nature relating to a Department of Defense (DOD) cooperative research and
development project or coproduction project, or services of distinguished merit and ability in the
field of fashion modeling. Prior to employing an H-1B temporary worker, the U.S. employer
must first file a Labor Condition Application (LCA) with the Department of Labor (DOL) and
then file an H-1B petition with U.S. Citizenship and Immigration Services (USCIS).’ The LCA
specifies the job, salary, length, and geographic location of employment. In addition, to ensure
the protection of U.S. workers (as well as H-1B workers), the employer must agree to pay the
alien the greater of the actual wage paid by the employer to other workers with similar
experience and qualifications or the prevailing wage for the occupation in the area. Certain
employers (“H-1B dependent” employers and “willful violator” employers) must also recruit
U.S. workers before seeking H-1B workers.

The position must meet one of the following criteria to qualify as a specialty occupation:

(1) a bachelor’s or higher degree or its equivalent is normally the minimum entry requirement for
the position; (2) the degree requirement is common to the industry in parallel positions among
similar organizations or, in the alternative, the position is so complex or unique that it can be
performed only by an individual with a degree; (3) the employer normally requires a degree or its
equivalent for the position; or (4) the nature of the specific duties is so specialized and complex
that the knowledge required to perform the duties is usually associated with attainment of a
bachelor’s or higher degree. See 8 CFR 214.2(h)(4)(iii)(A).

In order to perform services in a specialty occupation, an alien must meet one of the following
criteria: (1) hold a U.S. bachelor’s or higher degree as required by the specialty occupation from
an accredited college or university; (2) possess a foreign degree determined to be equivalent to a
U.S. bachelor’s or higher degree as required by the specialty occupation from an accredited
college or university; (3) have any required license or other official permission to practice the
occupation (for example, architect, surveyor, physical therapist) in the state in which
employment is sought; or (4) have education, specialized training, or progressively responsible
experience (or a combination thereof) that is equivalent to completion of a U.S. bachelor’s
degree or higher in the specialty occupation, and have recognition of expertise through
progressively responsible positions directly related to the specialty occupation. See 8 CFR
214.2(h)(4)(iii(C). Specialty occupations may include, but are not limited to, computer systems
analysts and programmers, physicians, professors, engineers, and accountants. See 8 CFR
214.2(h)(4)(ii).

4 Section 214(i)(1) of the INA, 8 USC 1184(i)(1), defines a 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 or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in
the United States.”
5 An LCA is not required for petitions involving DOD cooperative research and development projects or
coproduction projects. See 8 CFR 214.2(h)(4)(vi)(A)(2).

2


Table 9B. H-1B Petitions Approved by Detailed Occupation of Beneficiary
and Type of Petition (Percent): FYs 2015 and 2016

All Initial Continuing
Beneficiaries Employment Employment
Occupational Category FY 2015 FY 2016 | FY 2015 FY 2016 | FY2015 FY 2016
Percent Percent | Percent Percent | Percent Percent
Total —_— — — — aieies adios
Occupation known 100 100 100 100 100 100
Occupations in Systems Analysis and
Programming 54.1 58.8 55.3 52.7 53.7 618
Computer-Related Occupations, N.E.C.* 84 8.5 1.9 6.7 8.7 94
Occupations in College and University Education 4.6 42 5.9 71 37 2.8
Electrical/Electronics Engineering Occupations 3.6 3.2 3.1 3.1 3.9 3.2
Accountants, Auditors, and Related Occupations 2.5 2.1 24 3.1 2.5 1.9
Physicians and Surgeons 23 16 19 21 2.6 21
Mechanical Engineering Occupations 17 17 17 18 18 1.5
Occupations in Architecture, Engineering, and ip fi rs ie
Surveying, N.E.C.* ‘ : : :
panei in Administrative Specializations, 12 1 12 12 12 10
Budget and Management Systems Analysis 5
Occupations 1.2 14 1.2 1.6 12 1.2
Misc Professional, Technical, and Managerial
Occupations, N.E.C.* 1.2 1 1.0 1.2 13 1.0
Occupations in Biological Sciences 1d 1d 1.3 18 1.0 0.7
Occupations in Economics 1 0.9 Ll 1.2 Ll 0.7
Occupations in Medicine and Health, N.E.C.* 0.9 0.7 0.9 1.0 0.9 0.6
Besapations in Computer System Technical 09 08 Lo 08 09 09
upport
Miscellaneous Managers and Officials, N.E.C.* 0.9 0.7 0.7 0.6 1.0 0.7
Industrial Engineering Occupations 08 0.7 08 08 08 06
Occupations in Data Communications and 08 06 07 07 08 06
Networks.
Occupations in Mathematics 0.8 0.2 0.9 0.3 0.8 0.2
Therapists 0.7 0.6 0.5 0.5 0.8 0.6
Other Occupations 9.9 8.9 9.3 10.4 10.3 75
Occupation Unknown 0.0 0.0 0.0 0.0 0.0 0.0

Notes: Occupations ranked based on FY 2016 data.
Sum of the percent may not add to 100 due to rounding.
Percentages shown in the table are based on the total number of petitions approved with known occupation
*N.E.C. indicates not elsewhere classified.

15


The number of H-1B petitions filed increased 14 percent and petitions approved increased by 25
percent between FYs 2015 and 2016. For initial employment, petitions filed increased six
percent and petitions approved increased by less than one percent. Petitions filed for continuing

employment increased 20 percent and petitions approved increased by 43 percent.

Table 1. H-1B Petitions Filed and Approved by Type of Petition:

FYs 2013 to 2016
FY 2013 FY 2014 FY 2015 FY 2016
Petitions filed 299,467 318,824 348,669 398,718
Initial Employment 130,034 127,205 136,042 144,583
Continuing Employment 169,433 191,619 212,627 254,135
Petitions approved" 286,773 315,857 275,317 345,262
Initial Employment 128,291 124,326 113,603 114,503
Continuing Employment 158,482 191,531 161,714 230,759

Table 2 shows the number of H-1B petitions filed by quarter in FYs 2014 to 2016. A total of
76 percent of all FY 2016 initial employment filings occurred in the third quarter when the cap-
subject petition filing season opened.

Table 2. H-1B Petitions Filed by Quarter:

FYs 2013 to 2016

FY FY F FY 2016 Percent FY 2016 Percent
Quarter eae 2014 2015 aire Employes of Total atone: of Total

Total 299,467 318,824 | 348,669 | 398,718 144,583 100 254,135 100
October-December 40,048 45,211 51,964 64,721 10,979 8 53,742 21.1
January-March 39,433 42,781 46,088 66,715 11,637 8 55,078 21.7
April-June 159,380 158,623 | 176,042 | 185,782 110,199 76 75,583 29.7
July-September 60,606 72,709 74,575 81,500 11,798 8 69,732 27.4

Note: Sum of the percent may not add to 100 due to rounding.

'' These figures represent all approved petitions during the respective fiscal year, irrespective of whether the petition
was filed in the same or in a previous fiscal year.

5


All Initial Continuing
Beneficiaries Employment Employment
Fy2015  FY2016 | FY2015 —-FY2016 | FY2015 — FY2016
Industry Percent Percent_| Percent __Percent_| Percent __ Percent
Total 100 100 100 100 100 100
Industry known 91d 924 90.0 916 918 924
Custom Computer Programming 315 35.9 33.5 344 30.2 36.7
Services
Computer System Design Services 10.5 11.6 82 96 124 125
Colleges, Universities, and
Professional Schools Sel ass Ait Be ad wn
Computer Systems Design and Related Services 2.0 28 19 3.0 21 26
Software Publishers 25 27 24 28 26 27
Other Computer Related Services 19 23 18 18 2.0 22
Engineering Services 21 24 22 26 2.0 21
General Medical nd Surgical - Ae ig ‘a ‘i ¥:
lospitals
Management, Scientific, and Technical 3 .3 iz wm a3 3

Consulting Services
Administrative Management and General

Management Consulting Services Ww ug ud ad 18 sal
Electronic Computer Manufacturing 12 12 0.9 13 Ls 15
Elementary and Secondary Schools 08 13 08 09 0.9 08
Investment Banking and Securities Dealing 14 14 10 12 16 14
Offices of Physicians (except Mental Health

Sesatian) 08 08 0.6 08 0.9 08
Semiconductor and Related Device Gi fi of a A ie

janufacturing
Semiconductor and other Electronic Component

Marebetioe 07 08 0.6 10 07 07
Research and Development in the Physical,

Engineering, and Life Sciences a7 a8 Bs os a8 2
Offices of Certified Public Accountants 08 0.7 1.0 1.0 08 0.7
Radio and Television Broadcasting and

Wireless Communications Equipment 0.6 07 04 03 0.7 09

Manufacturing
Offices of Other Holding Companies 05 05 03 03 06 06
Other Industries 22.7 15.7 20.1 146 244 172
Industry unknown 8.9 19 10.0 8.4 8.2 16

Notes:

Industries ranked by total beneficiaries in FY 2016.

Sum of the percent may not add to 100 due to rounding.
Percentages shown are based on the total number of petitions approved with industry known.
NAICS stands for North American Industry Classification System

21


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Table 4B. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of
Petition (Percent): FYs 2015 and 2016

All Beneficiaries Initial Employment Continuing Employment
Country of Birth FY 2015 FY 2016 FY 2015 FY 2016 FY 2015 FY 2016
Percent Percent Percent Percent Percent Percent

Total See _ ——— — — _
Country of birth 100 100 100 100 100 100
India 70.9 74.2 62.7 618 72.1 30.4
China, People's Republic 97 93 13.6 14.7 6.6 66
Canada 13 10 16 16 22 07
South Korea 13 1.0 16 16 2.0 08
Philippines Ml Ll Ml 1 1.2 MW
United Kingdom 0.8 06 0.9 08 i 0s
Taiwan 07 0.6 1.0 ll 0.9 04
Mexico 0.7 0.6 0.9 08 0.6 05
France 07 0.5 0.8 08 0.6 04
Pakistan 0.6 05 0.7 06 0.7 04
Japan 0.5 04 0.6 05 0.6 04
Brazil 0.5 04 0.7 07 0.5 03
Nepal 0.5 04 0.6 05 05 04
Germany 0.5 04 0.6 06 0.5 03
Turkey 04 04 05 06 0.4 03
Tran 04 04 0.7 07 0.4 02
Russia 04 03 0.5 05 0.3 02
Italy 0.4 0.3 0.5 0.5 0.3 0.2
Venezuela 0.4 0.3 0.4 0.4 0.3 03
Columbia 0.3 03 0.4 04 0.4 0.2
Spain 0.3 0.3 0.5 05 0.3 0.2
Other countries 7.5 65 9.1 9.2 71.6 5.2

Notes: Countries of birth are ranked based on FY 2015 data.
Sum of the percent may not add to 100 due to rounding,


Table 4A. H-1B Petitions Approved by Country of Birth of Beneficiary and Type of
Petition (Number): FYs 2015 and 2016

All Beneficiaries Initial Employment Continuing Employment
Country of Birth FY 2015 FY2016 | FY 2015 FY 2016 FY 2015 FY 2016
Number Number Number Number Number Number

Total 275,317 345,262 113,603 114,503 161,714 230,759
India 195,247 256,226 71,263 70,737 123,984 185,489
China, People's Republic 26,669 31,995 15,438 16,781 11,231 15,214
Canada 3,607 3,442 1,823 1,781 1,784 1,661
South Korea 3,470 3,620 1,870 1,857 1,600 1,763
Philippines 3,146 3,822 1,215 1,226 1,931 2,596
United Kingdom 2,241 2,135 1,015 967 1,226 1,168
Taiwan 2,060 2,208 1112 1,239 948 969
Mexico 2,017 2,104 970 940 1,047 1,164
France 1,794 1,841 906 879 888 962
Pakistan 1,602 1,694 749 725 853 969
Japan 1,398 1,413 634 560 764 853
Brazil 1,388 1,528 751 842 637 686
Nepal 1,385 1,501 666 603 719 898
Germany 1,325 1,377 706 732 619 645
Turkey 1,196 1,360 611 662 585 698
Iran 1,057 1,250 739 784 318 466
Russia 1,056 1,040 550 542 506 498
Italy 1,035 1,108 573 608 462 500
Venezuela 976 1,066 461 483 515 583
Colombia 949 976 421 442 528 534
Spain 938 978 559 539 379 439
Other countries 20,761 22,578 10,371 10,574 10,190 12,004

Note: Countries of birth are ranked based on FY 2015 data,


The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) and The
American Competitiveness in the Twenty-first Century Act of 2000 (AC21), made significant
changes to policy and procedure governing the H-1B classification, including providing
temporary increases in the fiscal year limitations on the number of aliens who may be issued
H-1B visas or otherwise provided H-1B status and providing certain exemptions to these
limitations. Under ACWIA, the annual ceiling was increased from 65,000 to 115,000 in Fiscal
Years (FY) 1999 and 2000 and to 107,500 in FY 2001. AC21 raised the limit in FY 2001,
FY 2002, and FY 2003 to 195,000. Starting in FY 2004, the H-1B cap reverted to 65,000 per
fiscal year and remains at that level.* These statutory provisions also provided for certain
exemptions from the fiscal year H-1B cap, as described above. The H-/B Visa Reform Act of
2004 mandated that up to 20,000 H-1B petitions filed on behalf of aliens with U.S.-earned
master’s, or higher, degrees will be exempt from each fiscal year’s H-1B cap. See INA
214(g)(5)(C), 8 USC 1184(g)(5)(C).

Ill. Data Report

Section 3.1 — General distribution of petitions

During FY 2016, USCIS approved 345,262 H-1B petitions submitted by employers on behalf of
alien workers. The number of approved petitions exceeds the number of individual H-1B
workers sponsored because of the different types of petitions that can be filed (e.g., requests for
concurrent employment with another employer, requests for extension of stay, amended
petitions).

Table 1 shows for FYs 2013 to 2016 the number of petitions filed for initial and continuing
employment and the number of petitions approved for initial and continuing employment. Of the
petitions approved in 2016, a total of 114,503 petitions, or 33 percent, were for initial
employment.’ The corresponding number of petitions for continuing employment was 230,759."
A worker may have had a second (or subsequent) petition filed on his or her behalf to: 1) extend
the period allowed to work with his or her current employer; 2) notify USCIS of changes in the
conditions of employment, including a change of employer; or 3) request concurrent H-1B status
with another employer.

8 Each fiscal year, up to 1,400 H-1B visa numbers are set aside for nationals of Chile and up to 5,400 are set aside
for nationals of Singapore under the provisions of free trade agreements between the United States and each country.
See INA 214(g)(8)(B)(ii), 8 USC 1184(g)(8)(B)(ii). In addition, there is a limit of no more than 100 aliens in the
United States at any time performing services in a DOD cooperative research and development project or
coproduction project. See 8 CFR 214,2(h)(8)(i)(B).
° The terms “initial employment” and “continuing employment” are used throughout this report to identify two types
of petitions. Petitions for initial employment are filed for first-time H-1B employment with an employer, only some
of which are applied to the annual cap. Examples of petitions for initial employment that are exempt from the cap
include petitions submitted by nonprofit research organizations or governmental research organizations. Continuing
employment petitions refer to extensions, sequential employment, and concurrent employment, which are filed for
aliens already in the United States. Extensions generally are filed for H-1B workers intending to work beyond the
initial three year period up to a total of six years, the maximum period generally permissible under law. Sequential
employment refers to petitions for workers transferring between H-1B employers within the six year period.
Finally, petitions for concurrent employment are filed for H-1B workers intending to work simultaneously for an
additional H-1B employer.
'0 Neither AC21 nor prior legislation established a cap on H-1B petitions for continuing employment.

4


Known Occupations with annual compensation 229,942 71,000 88,000 96,000 112,000
Computer-related occupations 167,926 73,000 89,000 95,000 110,000
Occupations in Architecture, Engineering, and Surveying 17,578 77,000 94,000 100,000 115,000
Occupations in Administrative Specializations 11,296 63,000 85,000 95,000 118,000
Occupations in Education 9,147 62,000 98,000 135,000 195,000
Occupations in Medicine and Health 8,670 47,000 58,000 69,000 79,000
Managers and Officials 3,490 71,000 92,000 97,000 116,000
Occupations in Mathematics and Physical Sciences 3,042 83,000 115,000 124,000 148,000
Occupations in Life Sciences 2,396 83,000 110,000 118,000 140,000
Miscellaneous Professional, Technical, and Managerial 2,313 51,000 65,000 74,000 87,000
Occupations

Occupations in Social Sciences 1,843 70,000 95,000 106,000 125,000
Occupations in Art 1,181 55,000 65,000 77,000 91,000
Occupations in Law and Jurisprudence 465 70,000 125,000 133,000 185,000
Occupations in Writing 239 46,000 68,000 72,000 96,000
Miscellaneous 179 42,000 53,000 58,000 65,000
Occupations in Entertainment and Recreation 7 30,000 43,000 58,000 68,000
Occupations in Museum, Library, and Archival Sciences 70 52,000 66,000 88,000 92,000
Occupations in Religion and Theology 33 29,000 40,000 45,000 56,000
Sales Promotions Occupations 3 52,000 52,000 78,000 91,000
Occupation unknown 562 62,000 80,000 89,000 103,000

Notes: Occupations ranked by the number of beneficiaries.

Definitions: Median is the middle ranking value (50" percentile) of all values.

Mean is the average of all values.

5" percentile and 75" percentile are the lower quarter and upper quarter ranking values, respectively.


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Characteristics of H-1B Specialty Occupation Workers

Table of Contents

T., “Legislative Requireniesit,:.scissssicosscscossansveesetcococaastacsscensiactsoseseaschannsvanssenscobadassdionsntavensisicesvioyte 1
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Section 3.1 — General distribution of petitions 4
Section 3.2 — Distribution of petitions by country of birth 6
Section 3.3 — General distribution of petitions by age 9
Section 3.4 — Distribution of petitions by education 9
Section 3.5 — Distribution of petitions by occupation. 11
Section 3.6 — Distribution of petitions by annual compensation 16
Section 3.7 — Distribution of petitions by industry . 19
TV. Appendices
A. H-1B Petition Processing shi
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Tables 8A and 8B show the distribution of beneficiaries by occupational category for FYs 2015
and 2016. The category of computer-related occupations was the largest occupational category
in 2016; its share of total petitions approved was 69 percent in FY 2016. The corresponding
shares for initial employment and continuing employment in computer-related occupations were
61 and 73 percent, respectively. The top 10 occupational categories representing 96 percent of
all beneficiaries had more continuing employment than initial employment beneficiaries.

The number of H-1B petitions approved for workers in computer-related occupations increased

by 25 percent from 2015 to 2016. The number of H-1B petitions for all other occupation groups
increased by 17 percent between 2015 and 2016.

11


Table 8B. H-1B Petitions Approved by Major Occupation Group of Beneficiary and Type
of Petition (Percent): FYs 2015 and 2016

All itial Continuing
Beneficiaries Employment Employment
Occupational Category FY2015  FY2016 | FY2015  FY2016 | FY2015
Numbe Numbe | Numbe Numbe | Numbe  FY2016
r ¥ r r r Number
Occupation known 100 100 100 100 100 100
Computer-related occupations 66.5 69.1 624 612 694 73.0
Occupations in Architecture, Engineering,
apiSuneying 87 8.1 8.8 9.0 8.6 16
Occupations in Administrative Specializations 67 5.6 7.0 69 $4 49
Occupations in Education 55 53 14 82 42 3.8
Occupations in Medicine and Health 4.2 41 41 44 43 40
Occupations in Mathematics and
Physical Sciences i Hi a se oe Me
Managers and Officials N.E.C.* 1s 14 14 22 16 10
Occupations in Life Sciences Ls 13 20 13 la 13
Occupations in Social Sciences 13 Ll 15 13 Ll 1.0
Miscellaneous Professional,
Technical, and Managerial 1 ad 13 1a 13 a8
Occupations in Art 07 06 08 0.8 0.6 05
Occupations in Law and Jurisprudence 03 03 04 04 03 02
Occupations in Writing 02 o4 02 02 0.1 0.1
Miscellaneous 0.1 01 4 o4 0. 1
Occupations in Entertainment and Recreation o4 0.0 04 0.1 0.0 0.0
Occupations in Museum, Library, & Archival
eae o.1 0.0 01 04 0.0 0.0
Occupations in Religion and Theology 0.0 0.0 0.0 0.0 0.0 0.0
Sales Promotion Occupations 0.0 0.0 0.0 0.0 0.0 0.0
Occupation unknown 0.03 0.03 03 03 0.4 03

Notes: Occupations ranked based on FY 2016 data.

Sum of the percent may not add to 100 due to rounding.
Percentages shown in the table are based on the total number of petitions approved with known

occupations.

*N.E.C. indicates not elsewhere classified.

13


Executive Summary

The American Competitiveness and Workforce Improvement Act of 1998 (ACWIA),

Pub. L. 105-277, div. C, tit. IV § 416(c)(2), 112 Stat. 2681, imposes annual reporting
requirements on U.S. Citizenship and Immigration Services (USCIS) concerning the countries of
origin and occupations of, educational levels attained by, and compensation paid to, aliens who
were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b)
of the Immigration and Nationality Act (INA) during the previous fiscal year (FY).

To fulfill this requirement, USCIS submits the following report for FY 2016, October 1, 2015 —
September 30, 2016.

Highlights

The number of H-1B petitions filed increased 14 percent from 348,669 in FY 2015 to
398,718 in FY 2016.

The number of H-1B petitions approved increased 25 percent from 275,317 in FY 2015
to 345,262 in FY 2016.!

The number of H-1B petitions approved in FY 2016 for workers between the ages of 25
and 34 was 69 percent.

The number of H-1B petitions approved in FY 2016 for workers with a bachelor’s degree
was 44 percent. In addition, 45 percent of approved petitions were for workers with a
master’s degree, 7 percent had a doctorate, and 3 percent were for workers with a
professional degree.

The number of H-1B petitions approved in FY 2016 for workers in computer-related
occupations was 69 percent.

The median salary of beneficiaries of approved petitions increased from $79,000 for
FY 2015 to $82,000 for FY 2016.

' This number does not reflect approval versus denial rates, but rather shows the number of approved petitions
overall this year versus the number approved last year. The figures for Fiscal Year 2016 include petitions that
were received prior to Fiscal Year 2016, but were approved in Fiscal Year 2016 (see footnote 11).


IV. Appendices

A. H-1B Petition Processing

After obtaining an approved Form ETA-9035 (Labor Condition Application) from the U.S.
Department of Labor, prospective employers petition for alien workers to obtain H-1B
nonimmigrant classification by filing USCIS Form I-129, Petition for a Nonimmigrant Worker;
the H Classification Supplement to Form I-129; and the H-1B Data Collection and Filing Fee
Exemption Supplement. The petitions are generally mailed to one of three USCIS Service
Centers (located in St. Albans, Vermont; Lincoln, Nebraska; or Laguna Niguel, California) for
processing, depending on the location of the beneficiary’s worksite or type of requested action.

Upon receipt of a properly filed petition,”! each petition is stamped with its date of arrival at the
service center. A clerk creates a paper file that contains the original petition as well as all
supporting documentation. This file becomes the official file of record for all activities
connected with the petition.

Biographical data (such as name, date of birth, and country of birth), as well as data on
occupational and industry categories, are taken from the petition and entered by data entry clerks
into the case tracking system Computer-Linked Application Information Management System
(known as CLAIMS). The computer system generates a unique receipt number for the file.
After being sorted into potential cap-subject and cap-exempt cases, the file is assigned to an
adjudicator.

The adjudicator evaluates whether there is adequate information in the file to approve or deny
the petition, or whether a need for further information warrants a request for evidence or
initiation of an administrative investigation. If sufficient evidence is available, the adjudicator
makes a decision and enters the corresponding information into the tracking system. In the case
of insufficient evidence, the adjudicator requests additional information from the sponsoring
employer. The employer must respond to the request within a set period of time or the petition
will be denied.

After petitions are adjudicated, the petition and supporting documentation are forwarded to either
the USCIS records center in Harrisonburg, Virginia, for storage, or the Kentucky Consular
Center in Williamsburg, Kentucky, for consular processing.

21 Petitions that are improperly filed (e.g., submitted without the correct supplements, proper signatures, or required
fees) may be rejected by the service center. Rejected petitions are returned to the petitioner with any submitted fees.
See 8 CFR 103.2(a)(7).

22


Assistant Secretary for Legislative Affairs
U.S, Department of Homeland Security
Washington, DC 20528

spilt,

NA Homeland
SS Security

May 5, 2017

Foreword

On behalf of the Department of Homeland Security, I am pleased to present the following report,
“Characteristics of H-1B Specialty Occupation Workers” for Fiscal Year 2016, prepared by
U.S. Citizenship and Immigration Services.

Pursuant to statutory requirements, this report is being provided to the following Members of
Congress:

The Honorable Charles E. Grassley
Chairman, Senate Judiciary Committee

The Honorable Dianne Feinstein
Ranking Member, Senate Judiciary Committee

The Honorable Robert W. Goodlatte
Chairman, House Judiciary Committee

The Honorable John Conyers, Jr.
Ranking Member, House Judiciary Committee

Inquiries relating to this report may be directed to me at (202) 447-5890.

Sincerely,

Assistant Secretary for Legislative Affairs


Section 3.3 — Distribution of petitions by age

Table 5 shows the age distribution of the H-1B beneficiaries in FY 2016 by type of petition. At

the time their petitions were approved, 69 percent of workers granted H-1B status during

FY 2016 were between 25 and 34 years of age. Of initial beneficiaries, 50 percent were under
age 30, compared with 24 percent of continuing beneficiaries under age 30.

Table 5. H-1B Petitions Approved by Age of Beneficiary at Time of Approval
and by Type of Petition: FY 2016

Age All Percent Initial Percent Continuing Percent
Beneficiaries Employment Employment

Total 345,262 114,503 230,759

Age known 345,191 100 114,467 100 230,724 100
Under 20 82 0.02 34 0.03 48 0,02
20-24 11,013 3.19 9,964 8.7 1,049 0.45
25-29 100,641 29,16 46,711 40.81 53,930 23.37
30-34 137,297 39.77 34,521 30.16 102,776 44.54
35-39 67,344 19.51 15,752 13.76 51,592 22.36
40-44 19,938 5.78 4,846 4.23 15,092 6.54
45-49 5.544 1.61 1,556 1.36 3,988 1.73
50-54 2,037 0.59 628 0.55 1,409 0.61
55-59 846 0.25 271 0.24 575 0.25
60-64 304 0.09 108 0.09 196 0.08
65 and over 145 0.04 76 0.07 69 0.03
Age unknown 71 —— 36 —— 35 —

Notes: Anyone reported as under 16 years old and not a fashion model was assumed to be of unknown age.

Age of beneficiary is calculated based on the date the petition was approved.
Sum of the percent may not add to 100 due to rounding.

Percentages shown in the table are based on the total number of approved petitions with known ages.

Section 3.4 — Distribution of petitions by education

Tables 6 and 7 show the highest level of education achieved by the beneficiaries at the time of

filing the petition. Employers are asked to provide the highest degree (domestic or foreign)
when completing the H-1B petition, but not training or experience deemed equivalent to a

degree. The reporting of a domestic or foreign degree is not required in a standard format on

USCIS or DOL forms. However, in nearly all cases, the petitioning employer provides the

information in supporting documentation. For degrees earned outside the United States, the
employer usually supplies a credential evaluation stating that the foreign degree is “equivalent

to” a particular U.S. degree. USCIS does not maintain separate data regarding whether the

degree was earned in the United States or abroad. (Data on beneficiaries with U.S. advanced

degrees has been available since May 2005.)


Table 8A. H-1B Petitions Approved by Major Occupation Group of Beneficiary and Type
of Petition (Number): Fiscal Years 2015 and 2016

All Initial Continuing
Beneficiaries Employment Employment

Occupational Category FY2015 FY2016 | FY2015  FY2016 | FY2015 FY2016

Number — Number Number Number | Number Number

Total 275,317 345,262 | 113,603 114,503 | 161,714 230,759
Occupation known 274,380 =. 344,255 | 113,232 114,130 | 161,148 230,125
Computer-related occupations 183,076 237,837 70,902 69,846 | 112,174 167,991
Occupations in Architecture, Engineering 23.866 27,836 10,003 19243] 13,963 17593

and Surveying
Occupations in Administrative Specializations 16,628 19,144 7,899 7,824 8,729 11,320
Occupations in Education 15,123 18,090 8,395 9.414 6,728 8,676
Occupations in Medicine and Health 11,543 14,178 4,645 4,979 6,898 9,199
Occupations in Mathematics and Physical Sciences 4,917 6,281 2,441 2,786 2,476 3,495
Managers and Officials N.E.C.* 4,103 4,830 1,550 2,517 2,553 2,313
Occupations in Life Sciences 4,114 4,580 2,291 1,533 1,823 3,047
Occupations in Social Sciences 3,480 3,898 1,666 1,502 1,814 2,396
Maeno Professional, Technical, and 3,595 3,470 1,528 1,622 2.067 1,848
janagerial

Occupations in Art 1,899 2,087 891 904 1,008 1,183
Occupations in Law and Jurisprudence 864 912 454 445 410 467
Occupations in Writing 424 421 218 182 206 239
Miscellaneous! 355 320 137 140 218 180
Occupations in Entertainment and Recreation 134 148 66 8B 68 10
Cecupaticns in Museum, Library, and Archival 138 138 wt 67 7 a]
Occupations in Religion and Theology 85 70 43 36 42 34
Sales Promotion Occupations 26 15 22 12 3
Occupation unknown" 937 1,007 311 373 566 634

Notes: Occupations ranked based on FY 2016 data.

*N.E.C, indicates not elsewhere classified.

'3 The Miscellaneous category is a Major Occupation Group whose numbers are derived from the Detailed

Occupations listed in Table 9A. A full listing of the Major Occupation Groups and the corresponding Detailed
Occupations can be found in Form M-746, I-129 Dictionary of Occupational Titles (DOT) Codes

(http://www.uscis.gov/files/form/m-746.pdf).

'4 The data in this chart is pulled from information captured on the Form I-129. In some instances a petitioner will
leave the beneficiary’s job code blank, which we report here as “Occupation unknown.” This generally means that
the position could not be classified under one of the provided occupational categories; it does not mean that the

position is unknown or that the position is or is not a specialty occupation.

12