H-1B visa

The **H-1B visa** is a type of non-immigrant work visa in the United States. It allows U.S. employers to hire foreign workers in "specialty occupations," which are jobs that need special skills and education. Some other uses include for fashion models and workers on U.S. Department of Defense projects. The visa is managed by the United States Citizenship and Immigration Services (USCIS), which is part of the United States Department of Homeland Security.

## Definition of specialty occupation

The law says that a "specialty occupation" is a job that needs:

- Theoretical and practical use of highly specialized knowledge, and
- At least a bachelor's degree or higher in the same field (or equal training and experience).

## Length of stay

H-1B workers normally can stay up to three years at first. The stay can be extended to six years. If the worker is waiting for a green card, the stay can be longer.

## Caps and exemptions

The number of new H-1B visas each year is limited:

- 65,000 regular visas
- 20,000 for people with U.S. master's degrees or higher
- Special smaller numbers for Chile and Singapore under free trade agreements

Some employers, such as universities and nonprofit research groups, are free from these limits.

## Application process

The process has several steps:

1. Employer enters worker in the annual electronic lottery.
1. If chosen, the employer files a Labor Condition Application (LCA) with the Department of Labor.
1. The employer then files Form I-129 with USCIS.
1. If approved, the worker may change status inside the U.S. or apply for a visa at a U.S. embassy abroad.

## Dependents

Spouses and unmarried children under 21 can apply for H-4 visas. They may live in the U.S., and in some cases, they may also work.

## Numbers and trends

In 2019, USCIS estimated there were about 583,000 H-1B workers in the United States. The number of visas grew four times between 1991 and 2022. In 2022, about 265,000 visas were approved, making it the second largest worker visa after the H-2A for farm workers.

## Criticism

The program has been criticized for:

- Giving businesses cheap skilled labor
- Creating conditions like indentured servitude (workers tied to one employer), especially because the U.S. does not have broad residency programs like Canada or Australia
- Being used by people as a way to a green card (permanent resident card) by taking lower real pay for sponsorship, creating harmful workplace practices
- Age discrimination against older U.S. workers
- Keeping wages lower in technology fields

Economists disagree on whether the H-1B helps or hurts U.S. workers and the economy overall.

## History and context

The H-1B visa is part of the long history of the United States using workers from other countries. Some people say it shows a record of a mixed workforce and also a lack of enough trained workers at home. The first European settlers were often political or economic refugees. Later, much of the nation’s early growth came from slave labor brought from Africa. In the 20th century, new immigrants helped the United States grow in science, technology, and defense.

In 1952, the United States Congress created the H-1 visa under the Immigration and Nationality Act of 1952, and in the 1990s the H-1B visa. In the early 2000s, the need for technology workers increased, and a good portion of the fees on the visa were used to train and re-train U.S. workers so the country would not depend too much on outside workers in the future.

In late 2025, the U.S. government raised the cost for each new H-1B visa to 100,000 U.S. dollars. Before this, total fees were about 1,500 dollars. The stated goal was to make sure the program is used only to bring in top-level workers, and not to displace U.S. workers with foreign labor.

## Related pages

- Green card
- DREAM Act

## Infobox (infobox)

- **title**: H-1B Visa
- **name**: H-1B Visa
- **subtitle**: Specialty Occupation Visa
- **headerstyle**: background:#ccf; font-size:1.2em;
- **labelstyle**: background:#eef;
- **label1**: Type
- **data1**: Non-immigrant work visa
- **label2**: Purpose
- **data2**: Employment of foreign workers in specialty occupations
- **label3**: Enacted
- **data3**: Immigration Act of 1990; roots in H-1 visa from Immigration and Nationality Act of 1952; changed by later laws such as American Competitiveness in the 21st Century Act, American Competitiveness in the Twenty-First Century Act of 2000 (AC21)
- **label4**: Eligibility
- **data4**: * Bachelor's degree or higher in a special field
* Job offer for a specialty occupation
* Employer sponsorship
- **label5**: Duration
- **data5**: Up to 3 years at first, extendable to 6 years; longer if waiting for a green card
- **label6**: Annual cap (limit)
- **data6**: New visas:
* 65,000 regular cap
* 20,000 more for U.S. advanced degree holders
* 1,401 for Chile nationals (H-1B1)
* 5,400 for Singapore nationals (H-1B1)
* Some employers are free from the cap, such as higher education and nonprofit research
* Extensions and renewals are not capped
- **label7**: Application Process
- **data7**: * Employer enters worker in H-1B lottery by online registration
* If selected, employer files Labor Condition Application (LCA) with U.S. Department of Labor
* Employer then files Form I-129 and other papers with USCIS
* Worker gets status in the U.S. or uses approval to apply for visa abroad
- **label8**: Dependents
- **data8**: Spouse and unmarried children under 21 may apply for H-4 visas
- **label9**: Work Authorization
- **data9**: * H-1B holder: Can work for sponsoring employer
* H-4 dependents: Can work if main H-1B worker has approved I-140 or extension beyond 6 years
- **label10**: Dual Intent
- **data10**: Yes (can also apply for permanent residency)
- **label11**: Oversight
- **data11**: United States Citizenship and Immigration Services, USCIS