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			{{Short description|US employment visa for specialty occupations}}
	{{Multiple issues|cleanup=November 2009|POV=November 2009|date=November 2009}}
			{{Infobox
	{{Original research|date=November 2009}}
			| name = H-1B Visa
			| title = 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 = ]; roots in H-1 visa from ]; modified by ] and subsequent legislation
			| label4 = Eligibility
			| data4 =
			* Bachelor's degree or higher in specific specialty
			* Job offer for a specialty occupation
			* Employer sponsorship
			| label5 = Duration
			| data5 = Initially up to 3 years, extendable to 6 years; further extensions possible under certain conditions (e.g., pending green card applications)
			| label6 = Annual Cap
			| data6 =
			* 65,000 regular cap
			* 20,000 additional for U.S. advanced degree holders
			* 1,400 for Chilean nationals (H-1B1)
			* 5,400 for Singapore nationals (H-1B1)
			* Cap exemptions for certain employers (e.g., higher education institutions, nonprofit research organizations)<ref>{{cite web|url=https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations/h-1b-electronic-registration-process|title=H-1B Electronic Registration Process|publisher=USCIS|access-date=2023-12-24}}</ref>
			| label7 = Application Process
			| data7 =
			* Employer submits electronic registration for H-1B lottery (implemented in 2020)
			* If selected, employer files Labor Condition Application (LCA)
			* Employer submits Form I-129 to USCIS
			* Applicant applies for visa at U.S. consulate (if abroad)
			| label8 = Dependents
			| data8 = Spouse and unmarried children under 21 eligible for H-4 visas
			| label9 = Work Authorization
			| data9 =
			* H-1B holder: Allowed to work for sponsoring employer
			* H-4 dependents: Eligible if H-1B spouse has approved I-140 immigrant petition or H-1B status beyond 6 years under ]
			| label10 = Dual Intent
			| data10 = Allowed (can pursue permanent residency)
			| label11 = Oversight
			| data11 = ]
			}}
			The '''H-1B''' is a ] under the ], section 101(a)(15)(H), that allows United States employers to employ ]s in specialty occupations. It is the largest visa category in the United States in terms of guest worker numbers. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019.<ref name=":2">{{Cite web |title=USCIS H-1B Authorized-to-Work Population Estimate |url=https://www.uscis.gov/sites/default/files/document/reports/USCIS%20H-1B%20Authorized%20to%20Work%20Report.pdf#:~:text=The%20purpose%20of%20this%20report%20is%20to%20provide,is%20a%20technical%20appendix%20presenting%20the%20methodology%20used.}}</ref> The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991.<ref name=":3">{{Cite web |title=U.S. Employment-Based Immigration Policy |url=https://crsreports.congress.gov/product/pdf/R/R47164}}</ref> There were 206,002 initial and continuing H-1B visas issued in 2022.<ref name=":4">{{Cite web |title=State Department Visa Issuance FY2022 |url=https://travel.state.gov/content/dam/visas/Statistics/Non-Immigrant-Statistics/NIVWorkload/FY2022NIVWorkloadbyVisaCategory.pdf}}</ref>
	The '''H-1B''' is a non-immigrant ] under the ], section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.
			The H-1B visa has its roots in the H-1 visa of the ]. The ] split the H-1 visa into the H-1A (for nurses) and H-1B. The law capped H-1B visas at 65,000 each fiscal year and required employers to submit ]s. Additional modifications to H-1B rules were made by legislation in ], ], in 2003 for ] and ], in the ], ], and ]. ] has modified the rules in the years since then.
	The regulations define a “specialty occupation” as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor<ref></ref> including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum<ref></ref> (with the exception of fashion models, who must be "of distinguished merit and ability".)<ref></ref> Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.
			{{TOC limit}}
	==Duration of stay==
	The duration of stay is three years, extendable to six. An exception to maximum length of stay applies in certain circumstances:
	# one-year extensions if a labor certification application has been filed and is pending for at least 365 days; and
	#three-year extensions if an ] has been approved.
	Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H1B portability or transfer, provided the new employer sponsors another H1B visa, which may or may not be subjected to the quota. Under current law, H1B visa has no grace period in the event the employer-employee relationship ceases to exist.
			==H-1B visa structure==
	==Congressional yearly numerical cap==
			An H-1B visa allows an individual to temporarily work in a specialty occupation in the United States.
	The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-1B status each fiscal year (FY). The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and FY2003. In addition, excluded from the ceiling are all H-1B non-immigrants who work at (but not necessarily for) universities and non-profit research facilities.<ref> American Competitiveness in the 21st Century Act, Pub. L.No.106-313, 114 Stat.1251, 2000 S. 2045; Pub. L. No. 106-311, 114 Stat. 1247 (Oct 17, 2000), 2000 HR 5362; 146 Cong. Rec. H9004-06 (October 5, 2000)</ref> This means that contractors working at, but not directly employed by the institution may be exempt from the cap. Free Trade Agreements allow a carve out from the numerical limit of 1,400 for Chilean nationals and 5,400 for Singapore nationals. Laws also exempt up to 20,000 foreign nationals holding a master’s or higher degree from U.S. universities from the cap on H-1B visas.
			=== Specialty occupation ===
	The Department of Homeland Security approved about 132,000 H-1B visas in 2004 and 117,000 in 2005.<ref>Department of Homeland Security Annual Reports on the H-1B visa program for 2004 and 2005</ref>
			The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor,<ref>{{cite web|url=https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations|title=8 U.S. Code § 1184 - Admission of non immigrants|work=LII / Legal Information Institute|date=18 July 2024 }}</ref> including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health (doctors, dentists, nurses, physiotherapists, etc.), economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, and requiring the attainment of a ] or its equivalent as a minimum<ref>{{cite web|url=https://www.uscis.gov/working-in-the-united-states/h-1b-specialty-occupations|title=8 U.S. Code § 1184 - Admission of non-immigrants|work=LII / Legal Information Institute|date=18 July 2024 }}</ref> (with the exception of fashion models, who must be "of distinguished merit and ability").<ref>{{cite web|url=https://www.law.cornell.edu/uscode/text/8/1101|title=8 U.S. Code § 1101 - Definitions|work=LII / Legal Information Institute}}</ref> Likewise, the foreign worker must possess at least a bachelor's degree or equivalent and state licensure, if required to practice in that field. H-1B work authorization is strictly limited to employment by the sponsoring employer.
			=== Employment ===
	==Employer attestations to protect U.S. workers==
			A person in H-1B status must continue to be employed by their employer in order to stay in H-1B status. If the person's employment ends for any reason, the person must leave the United States, unless the person applies for and is granted a change of status or finds another employer compatible with the H-1B status. Effective January 17, 2017, the ] allows a grace period of up to 60 days after employment termination to stay in the United States.<ref>{{cite web|url=https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs|title=USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs|date=18 November 2016 |publisher=USCIS|access-date=2017-03-22|archive-url=https://web.archive.org/web/20170323053145/https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs|archive-date=2017-03-23|url-status=live}}</ref><ref>{{cite web|url=https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled|title=Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers|date=18 November 2016 |publisher=Federal Register|access-date=2017-03-22|archive-url=https://web.archive.org/web/20170323053918/https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled|archive-date=2017-03-23|url-status=live}}</ref>
	The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers.
			===Stay duration===
	The Department of Labor states that the H-1B employer must first advertise the position at the workplace and the employer's office before hiring an H-1B non-immigrant pursuant to the H-1B visa approval.
			The duration of stay for an H-1B visa holder is typically six years. The ] of 2000 created exceptions to maximize length of stay in certain circumstances:
			* If a visa holder has submitted an ] or a Permanent Labor Certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence. This is backed up by the Immigration and Nationality Act 106(a).<ref name="thevisabulletin.com">{{cite web|url=http://thevisabulletin.com/2008/01/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/|title=7th Year H-1B Extensions Under AC21 104(c) and 106(a) – Statutes and USCIS Guidance - The Visa Bulletin|access-date=2016-02-06|archive-url=https://web.archive.org/web/20160206233919/http://thevisabulletin.com/2008/01/7th-year-h-1b-extensions-under-ac21-104c-and-106a-statutes-and-uscis-guidance/|archive-date=2016-02-06|url-status=live}}</ref>
			* If the visa holder has an ''approved'' I-140 immigrant petition but is unable to initiate the final step of the ] process due to their ] not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. This exception originated in section 104a (AC21 104a).<ref name="thevisabulletin.com" />
			* The maximum duration of the H-1B visa is ten years for exceptional ] project related work.
			A time increment of less than three years has sometimes applied to citizens of specific countries. For example, during ]'s time as a H-1B visa holder, she was limited to one year increments, which was the maximum time allowed then per H-1B visa for citizens of ]. Melania Trump became a citizen in 2006.<ref name="slovenia-one-year">{{cite magazine|url=http://www.slate.com/blogs/the_slatest/2016/09/14/melania_trump_vindicated_with_immigration_story.html|title=Looks Like the Melania Trump Immigration Story Was a Case of Bad Reporting|last=Stahl|first=Jeremy|date=September 14, 2016|access-date=November 4, 2016|magazine=]|archive-url=https://web.archive.org/web/20161106063533/http://www.slate.com/blogs/the_slatest/2016/09/14/melania_trump_vindicated_with_immigration_story.html|archive-date=November 6, 2016|url-status=live}}</ref>
	Employers must attest that wages offered are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or alternatively, pay the prevailing wage for the occupation in the area of intended employment, whichever is greater. By signing the LCA (Labor Condition Application), the employer attests that: prevailing wage rate for area of employment will be paid; working conditions of position will not adversely affect conditions of similarly employed American workers; place of employment not experiencing labor dispute involving a strike or lockout.
			H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years.<ref name="harvard-six-years">{{cite web|url=http://www.hio.harvard.edu/h-1b-visa|title=H-1B Visa|access-date=November 28, 2016|publisher=]|archive-url=https://web.archive.org/web/20161129083224/http://www.hio.harvard.edu/h-1b-visa|archive-date=November 29, 2016|url-status=live}}</ref> Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota.<ref>{{cite web |url=https://immigrationhelpla.com/h1b-visa-transfer/|title=H1B Visa Transfer|website=Immigration Law Office of Los Angeles |date=3 July 2023 |access-date=10 April 2024|publisher=Linda Lee|archive-url=https://web.archive.org/web/20231206143032/https://immigrationhelpla.com/h1b-visa-transfer/|archive-date=December 6, 2023|url-status=live}}</ref>
			===Annual cap and exemptions===
			The ] established a limit of 65,000 foreign nationals who may be issued a visa or otherwise provided H-1B status each ]; the annual limit is often called a quota or a cap. The H-1B Visa Reform Act of 2004 added 20,000 additional H-1Bs to foreign nationals holding a master's or higher degree from U.S. universities. In addition, excluded from the ceiling are all H-1B non-immigrants who are employed (or have received an offer of employment) at any of the following:<ref>{{uscsub|8|1184|g|5}}</ref>
			* an institution of higher education
			* a nonprofit entity related or affiliated to an institution of higher education
			* a nonprofit research organization
			* a governmental research organization
			Contractors working at, but not directly employed by, these institutions may be exempt from the annual quotas as well. However, employers must show that, first, the majority of the worker's duties will be performed at the qualifying institution, organization or entity and, second, the job duties directly and predominantly further the essential purpose, mission objectives or functions of the qualifying institution, organization, or entity.
			The Chile–United States Free Trade Agreement and the Singapore–United States Free Trade Agreement created a separate quota of 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. If these reserved visas are not used, however, then they added to the following fiscal year's H-1B annual quota.
			Due to these exemptions and rollovers, the number of H-1B visas issued each year is often greater than 65,000, such as when 117,828 H-1B visas were issued in fiscal year 2010, 129,552 in fiscal year 2011, and 135,991 in fiscal year 2012.<ref name="FY2011AnnualReport">{{Cite web |url=http://www.travel.state.gov/visa/statistics/statistics_5641.html |title=FY2011 |access-date=2012-12-24 |archive-url=https://web.archive.org/web/20130119150225/http://www.travel.state.gov/visa/statistics/statistics_5641.html |archive-date=2013-01-19 |url-status=dead }}</ref><ref name="FY2012AnnualReport">{{Cite web |url=http://www.travel.state.gov/visa/statistics/statistics_5861.html |title=FY2012 |access-date=2013-05-01 |archive-url=https://web.archive.org/web/20130512035926/http://www.travel.state.gov/visa/statistics/statistics_5861.html |archive-date=2013-05-12 |url-status=dead }}</ref>
			In some years, the cap was not reached. For example, in fiscal year 1996, the ] (now known as USCIS) announced on August 20, 1996, that a preliminary report indicated that the quota had been exceeded, and processing of H-1B applications was temporarily halted. However, when more accurate numbers became available on September 6, it became apparent the quota had not been reached after all, and processing resumed for the remainder of the fiscal year.<ref>{{cite web|url=http://www.aila.org/infonet/ins-statement-on-h-1b-visa-cap|title=INS Statement on H-1B Visa Cap|date=September 16, 1996|access-date=November 4, 2016|publisher=]|archive-url=https://web.archive.org/web/20161106062540/http://www.aila.org/infonet/ins-statement-on-h-1b-visa-cap|archive-date=November 6, 2016|url-status=live}}</ref>
			The ] starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. For instance, H-1B visa applications that count against the fiscal year 2013 cap were submitted starting Monday, 2012 April 2. USCIS accepts H-1B visa applications no more than 6 months in advance of the requested start date.<ref name="Filing Details">{{cite web|title=H-1B Fiscal Year (FY) 2013 Cap Season|url=http://www.uscis.gov/h-1b_count|publisher=]|access-date=2012-05-28|archive-url=https://web.archive.org/web/20110903071520/http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=bf309b5d82420210VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD|archive-date=2011-09-03|url-status=live|quote=H-1B petitions can be filed no more than six months in advance of the requested start date. Therefore, petitions seeking an FY2010 H-1B Cap number with an 2009 Oct. 1 start date can be filed no sooner than 2009 April 1.}}</ref> Beneficiaries not subject to the annual cap are those who currently hold cap-subject H-1B status or have held cap-subject H-1B status at some point in the past six years.
			=== Electronic registration process and lottery ===
			In 2020, USCIS instituted a new electronic registration process<ref>{{cite web | title = Electronic Registration Process H-1B | date=31 July 2023| url=https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process}}</ref> where employers no longer need to send a fully completed H-1B filing package. Instead, during March (exact dates are announced by USCIS every year) of every year, employers can submit an electronic registration for a $10 non-refundable fee through a new USCIS H-1B Electronic Registration system.<ref>{{Cite web |title=Federal Register :: Request Access |url=https://www.federalregister.gov/documents/2019/01/31/2019-00302/registration-requirement-for-petitioners-seeking-to-file-h-1b-petitions-on-behalf-of-cap-subject |access-date=2023-04-18 |website=federalregister.gov|date=31 January 2019 }}</ref> These employers can begin creating a USCIS registrant account starting in February of a year(USCIS usually gives the dates).<ref name="uscis.gov">{{Cite web |date=2023-04-28 |title=H-1B Electronic Registration Process {{!}} USCIS |url=https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process |access-date=2023-05-06 |website=www.uscis.gov |language=en}}</ref> USCIS requires only basic information to register for the H-1B lottery, which is unlike the actual H-1B petition in April.<ref name=":10">{{Cite web |title=H-1B Lottery: USCIS Registration Details Presentation – |url=https://www.uscis.gov/sites/default/files/document/presentations/Overview_of_the_H-1B_Electronic_Registration_Process_-_A_Webinar_for_Registrants.pdf |access-date=2023-03-22 |website=uscis.gov}}</ref>
			The annual H-1B season officially starts in March of each year, when petitioners are allowed to register electronically for their applicant. If more registrations are submitted there will be a random selection also called as H-1B lottery.<ref name="uscis.gov"/> The lottery will determine who gets an option to file H-1B visa petition with USCIS.
			As of the most recent H-1B season, on March 31, 2023 USCIS notifies the selected registrants. During the FY 2024 H-1B lottery, there were 758,994 eligible electronic registrations and 110,791 people selected for an H-1B visa.<ref>{{cite web | url=https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process | title=H-1B Electronic Registration Process &#124; USCIS | date=31 July 2023 }}</ref>
			Selected registrants can legally begin filing their Labor Conditions Application to the Department of Labor on April 1.<ref>{{Cite web |date=2023-02-16 |title=H-1B Cap Season {{!}} USCIS |url=https://www.uscis.gov/working-in-the-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-cap-season |access-date=2023-05-06 |website=www.uscis.gov |language=en}}</ref> It allows a six-month window before the employee start date on October 1.
			Participants with a U.S. master's degree or higher have two chances to be selected in the lottery: the first lottery is for the 65,000 visas available to all H-1B applicants. Those not selected are then entered in another lottery for 20,000 extra spots. Those without a U.S. advanced degree are entered only in the former lottery.<ref>{{cite web|url=https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2017-h-1b-cap|title=USCIS Reaches FY 2017 H-1B Cap|date=April 7, 2016|access-date=November 4, 2016|publisher=]|archive-url=https://web.archive.org/web/20161106063856/https://www.uscis.gov/news/news-releases/uscis-reaches-fy-2017-h-1b-cap|archive-date=November 6, 2016|url-status=live}}</ref>
			==== Feedback ====
			Pro-H-1B pundits claim that the early closure, and number of applications received, including H-1B Lottery for the last 10 consecutive years,<ref>{{cite web | title = H-1B Cap reach History, Filings by year |date =14 January 2010 |url =https://redbus2us.com/h1b-visa-cap-reach-dates-history-graphs-uscis-data/ }}</ref> are indications of employment demand and advocate increasing the 65,000 bachelor's degree cap.<ref name="FWD Increase cap 2015" />
			==== Legal challenge ====
			The lottery process was challenged in '']'', a class action lawsuit in ], but the case was decided against the plaintiffs.<ref name="nlr-lawsuit-decision">{{cite magazine|url = https://www.natlawreview.com/article/controversial-h-1b-lottery-upheld|title = Controversial H-1B Lottery Upheld|last = Koski|first = Ceridwen|date = March 28, 2017|access-date = August 13, 2017|magazine = The National Law Review|archive-url = https://web.archive.org/web/20170816060821/https://www.natlawreview.com/article/controversial-h-1b-lottery-upheld|archive-date = August 16, 2017|url-status = live}}</ref><ref name="cw-lawsuit-decision">{{cite web|url = http://www.computerworld.com/article/3184469/it-outsourcing/h-1b-lotterys-game-of-chance-is-legal-judge-rules.html|title = H-1B lottery's game of chance is legal, judge rules. The government will be able to distribute H-1B visas via lottery in April as usual|last = Thibodeau|first = Patrick|date = March 23, 2017|access-date = April 15, 2017|publisher = Computerworld|archive-url = https://web.archive.org/web/20170411094837/http://computerworld.com/article/3184469/it-outsourcing/h-1b-lotterys-game-of-chance-is-legal-judge-rules.html|archive-date = April 11, 2017|url-status = live}}</ref>
			On June 28, 2021, the lottery process was challenged again in ], a lawsuit filed in ] by 500+ FY 2022 H-1B applicants who didn't get selected in March 2021.<ref>{{Cite web |title=Hundreds of H-1B Seekers Sue Over Program's 'Rampant Fraud' (1) |url=https://news.bloomberglaw.com/daily-labor-report/hundreds-of-h-1b-applicants-sue-over-programs-rampant-fraud |access-date=2021-07-17 |website=news.bloomberglaw.com |language=en}}</ref> The plaintiffs' primary argument posited that the lottery process, which is based on registration, contradicts the ]. This act stipulates that the H1-B quota should be based on individuals.<ref>INA Section 214 (g)(1):
			The total number of aliens who may be issued visas or otherwise provided nonimmigrant status during any fiscal year (beginning with fiscal year 1992)
			INA Section 214 (g)(7):
			Where multiple petitions are approved for one alien, that alien shall be counted only once.</ref> Therefore, the lottery should be conducted on an individual basis, regardless of how many registrations are submitted by each individual. However, ] ruled against the plaintiffs, stating that the INA only governs the manner in which the H1-B quota for issuance operates, not the lottery itself.<ref>"What matters is that USCIS only issued one visa to each alien before the Registration Rule, and it only issues one visa to each alien now."</ref> Despite the plaintiffs' loss in the case, on October 23, 2023, USCIS announced its intention to adopt the idea and propose changing the lottery to be conducted on an individual basis.<ref>{{Cite web |title=Federal Register :: Request Access |url=https://unblock.federalregister.gov/ |access-date=2024-01-27 |website=unblock.federalregister.gov}}</ref>
			===The Labor Condition Application===
			{{Main|Labor Condition Application}}
			The ] (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the ]), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "prevailing wage" in the area of employment. ("Immigration law has a number of highly technical terms that may not mean the same thing to the average reader."<ref name="USCISglossary">{{cite web |title=glossary |url=http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b328194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD |url-status=live |archive-url=https://web.archive.org/web/20130923175331/http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=b328194d3e88d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=b328194d3e88d010VgnVCM10000048f3d6a1RCRD |archive-date=23 September 2013 |access-date=18 March 2016 |publisher=USCIS}}</ref>) The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a ] or replace U.S. citizen workers.
			While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office. Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.
			====History====
			The LCA must be filed electronically using Form ETA 9035E.<ref>{{cite web |title=Important Foreign Labor Certification H-1B Information |url=http://www.foreignlaborcert.doleta.gov/preh1bform.cfm |url-status=live |archive-url=https://web.archive.org/web/20120816020650/http://www.foreignlaborcert.doleta.gov/preh1bform.cfm |archive-date=2012-08-16 |access-date=2012-08-23}}</ref> Over the years, the complexity of the form increased from one page in 1997<ref>{{cite web |date=Nov 30, 1997 |title=Labor Condition Application for H-1B Nonimmigrants |url=http://www.doleta.gov/regions/reg05/Documents/eta-9035.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120916102442/http://www.doleta.gov/regions/reg05/Documents/eta-9035.pdf |archive-date=September 16, 2012 |access-date=May 28, 2012 |publisher=]}}</ref> to three pages in 2008, to five pages as of August 2012.<ref>{{cite web |title=Labor Condition Application for Nonimmigrant Workers ETA Form 9035 & 9035E |url=http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035.pdf |url-status=live |archive-url=https://web.archive.org/web/20120526122149/http://www.foreignlaborcert.doleta.gov/pdf/ETA_Form_9035.pdf |archive-date=May 26, 2012 |access-date=August 23, 2012 |publisher=]}}</ref>
			==== Employer attestations ====
			By signing the LCA, the employer attests that:<ref>{{cite web |title=Labor Condition Application for H-1B Nonimmigrants |url=http://www.doleta.gov/regions/reg05/Documents/eta-9035.pdf |url-status=dead |archive-url=https://web.archive.org/web/20120916102442/http://www.doleta.gov/regions/reg05/Documents/eta-9035.pdf |archive-date=2012-09-16 |access-date=2012-05-28 |work=ETA-9035 |publisher=United States Department of Labor}}</ref>
			* The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
			* The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
			* On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify the DOL's Employment and Training Administration (ETA) within three days, and the application is not used to support petition filings with USCIS (formerly known as INS) for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
			* A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
			** Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
			** There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.
	The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.		The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.
	The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a US worker.		The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a U.S. worker.
			===Employment authorization limits===
	==H-1B fees earmarked for U.S. worker education and training==
			USCIS clearly states the following concerning H-1B nonimmigrants' employment authorization.
	In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train U.S. workers{{Citation needed|date=July 2008}}.
			{{blockquote|H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.<ref>{{cite web|url=http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf|title=Nonimmigrant-Based Employment|date=27 Jun 2012|access-date=6 December 2012|archive-url=https://web.archive.org/web/20121002154234/http://www.uscis.gov/USCIS/About%20Us/Electronic%20Reading%20Room/Customer%20Service%20Reference%20Guide/Nonimmigrant_Empl.pdf|archive-date=2 October 2012|url-status=live}}</ref>}}
	==Income taxation status of H-1B workers==
	The taxation of income for H-1B employees depends on whether they are categorized as Resident Aliens or Non Resident Aliens for tax purposes. A non resident alien for tax purposes is only taxed on income from the US. A resident alien for tax purposes is taxed on income both from inside, and outside, the US.
			When a H-1B nonimmigrant works with multiple employers, if any of employers fail to file the petition, it is considered as an unauthorized employment and the nonimmigrant fails to maintain the status.
	The tax residency can be determined based on the "substantial presence test".
			===U.S. workforce training===
	If the substantial presence test indicates that the H-1B visa holder is a resident, then income taxation is like any other US person and may be filed using Form 1040 and the necessary schedules. Otherwise the visa holder must file as a non-resident alien using tax form 1040NR or 1040NR-EZ; he or she may claim benefit from Tax Treaties if they exist between the US and the visa holder's country of citizenship.
			In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train U.S. workers.{{Citation needed|date=July 2008}}
			According to the '']'' $1 billion from H-1B fees have been distributed by the ] to further train the U.S. workforce since 2001.<ref>{{cite news |last=Bhatt |first=Sanjay |date=July 18, 2012 |title=Seattle ranks high in skilled foreign workers on H-1B visas |work=The Seattle Times |url=http://seattletimes.nwsource.com/html/businesstechnology/2018709561_h1b18.html |url-status=live |access-date=July 21, 2012 |archive-url=https://web.archive.org/web/20120721054820/http://seattletimes.nwsource.com/html/businesstechnology/2018709561_h1b18.html |archive-date=July 21, 2012}}</ref>
			===H-1B tax status===
	Persons who are in their first year within the US may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This "First Year Choice" is described in IRS Publication 519 and can only be made once in a person's lifetime.
			The taxation of income for an individual with H-1B status depends on whether they are categorized as either ''nonresident aliens'' or ''resident aliens'' for tax purposes.<ref>" {{Webarchive|url=https://web.archive.org/web/20180101030104/https://www.irs.gov/government-entities/employers-must-withhold-fica-taxes-for-aliens-who-change-visa-status-to-h1b |date=2018-01-01 }}." ''Internal Revenue Service''. June 22, 2017.</ref> A nonresident alien for tax purposes is only taxed on income that is effectively connected with a trade or business in the United States and United States-source income that is fixed, determinable, annual, or periodical.<ref>" {{Webarchive|url=https://web.archive.org/web/20180101030354/https://www.irs.gov/individuals/international-taxpayers/taxation-of-nonresident-aliens |date=2018-01-01 }}." ''Internal Revenue Service''. August 27, 2017.</ref> A resident alien for tax purposes is taxed on all income, including income from outside the United States.<ref>" {{Webarchive|url=https://web.archive.org/web/20180101030422/https://www.irs.gov/individuals/international-taxpayers/taxation-of-resident-aliens |date=2018-01-01 }}." ''Internal Revenue Service''. November 29, 2017.</ref>
			The classification is determined based on the ].<ref>" {{Webarchive|url=https://web.archive.org/web/20180101030420/https://www.irs.gov/individuals/international-taxpayers/substantial-presence-test |date=2018-01-01 }}." ''Internal Revenue Service''. August 3, 2017.</ref> If the substantial presence test indicates that the individual is a resident, then income taxation is like any other U.S. person and may be filed using ] and the necessary schedules. Otherwise, the individual must file as a non-resident alien using Form 1040NR or Form 1040NR-EZ; the individual may claim a benefit from ] that exist between the United States and the individual's country of citizenship.
	A spouse, regardless of visa status, must have a valid ITIN or Social Security Number in order to be included on a joint tax return with the H-1B holder.
			An individual in the first year in the U.S. may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This first-year choice can only be made once in an individual's lifetime. A spouse, regardless of visa status, must include a valid ] or ] on a joint tax return with the individual in H-1B status.<ref>" {{Webarchive|url=https://web.archive.org/web/20180101030526/https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse-treated-as-a-resident |date=2018-01-01 }}." ''Internal Revenue Service''. December 27, 2017.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20180221213312/https://www.irs.gov/publications/p519 |date=2018-02-21 }}." ''Internal Revenue Service''. 2016.</ref>
	The rules to file taxes for H-1B holders may be complex, depending on the individual situation. Besides consulting a professional tax preparer knowledgeable about the rules for foreigners, the , may be consulted.
			Tax filing rules for an individual in H-1B status may be complex, depending on the individual situation. A tax professional who is knowledgeable about the rules for foreigners may be consulted.
	==H-1B employment==
	According to the USCIS, ''"H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S. employer, but must have a Form I-129 petition approved by each employer."''<ref></ref>
			====Social Security tax and Medicare tax====
	H-1B visa holders pay Medicare and Social Security taxes, and are eligible for Social Security benefits. They also pay state and federal taxes.
			Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status.<ref>" {{Webarchive|url=https://web.archive.org/web/20181029152116/https://www.irs.gov/pub/irs-pdf/p15.pdf |date=2018-10-29 }}." ''Internal Revenue Service''. 2018. p. 38.</ref>
			Similarly to U.S. citizens, a person who worked in H-1B status may be eligible to receive Social Security benefit payments at retirement. Generally, a worker must have worked in the U.S. and paid Social Security taxes obtaining at least 40 credits before retirement.<ref>" {{Webarchive|url=https://web.archive.org/web/20181109111911/https://www.ssa.gov/planners/credits.html |date=2018-11-09 }}." ''Social Security Administration''. Retrieved November 8, 2018.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20181021062914/https://www.ssa.gov/pubs/EN-05-10072.pdf |date=2018-10-21 }}." ''Social Security Administration''. January 2018.</ref> The person will not be eligible for payments if the person moves outside the U.S. and is a citizen of a country with a social insurance system or a pension system that pays periodic payments upon old age, retirement, or death.<ref>" {{Webarchive|url=https://web.archive.org/web/20181109111913/https://www.ssa.gov/OP_Home/cfr20/404/404-0460.htm |date=2018-11-09 }}." ''Code of Federal Regulations''. via Social Security Administration. Retrieved November 8, 2018.</ref>
	==U.S. policy on maximum duration==
	In theory, the maximum duration of the H-1B visa is six years (ten years for exceptional ] project-related work). H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa.
			The U.S. has bilateral agreements with several countries to ensure that the credit granted into the U.S. Social Security system, even if it is fewer than 40 credits, is taken into account in the foreign country's comparable system and vice versa.<ref>" {{Webarchive|url=https://web.archive.org/web/20090224023118/http://www.ssa.gov/international/totalization_agreements.html |date=2009-02-24 }}." ''Social Security Administration''. Retrieved November 8, 2018.</ref>
	There are generally two exceptions to the six-year duration of the H-1B visa::
			=== H-1B and permanent immigration intention ===
	*If a visa holder has submitted an I-140 immigrant petition or a labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until{{Dubious|date=November 2008}} a decision has been rendered on their application for permanent residence.
			Even though the H-1B visa is a non-immigrant visa, it is one of the few temporary visa categories recognized as '']'', meaning an H-1B holder could legally have an immigration intent (apply for and obtain the ]) while still being a holder of the H-1B visa.<ref name= henrychang>Chang, Henry L. (2011). " {{Webarchive|url=https://web.archive.org/web/20181109112015/http://americanlaw.com/dintent.html |date=2018-11-09 }}." ''Chang and Boos' Canada-U.S. Immigration Law Center''. Retrieved November 8, 2018.</ref> Effectively, the non-immigrant visa may eventually lead to permanent residence; companies often support it with the agreement to support the employee with green card petitions.<ref>Jordan, Miriam (April 6, 2018). " {{Webarchive|url=https://web.archive.org/web/20190107021258/https://www.nytimes.com/2018/04/06/us/what-are-h1b-visas.html |date=2019-01-07 }}" ''The New York Times''.</ref><ref>Matloff, Norm (February 3, 2017). " {{Webarchive|url=https://web.archive.org/web/20180323220807/https://www.huffingtonpost.com/entry/trump-h-1b_us_5890d86ce4b0522c7d3d84af |date=2018-03-23 }}". ''Huffington Post''.</ref><ref>Jaffe, Sarah (February 22, 2016). " {{Webarchive|url=https://web.archive.org/web/20180322143711/https://hbr.org/2017/05/the-h-1b-visa-debate-explained |date=2018-03-22 }}". ''The Progressive''. Harvard Business Review.</ref>
	*If the visa holder has an ''approved'' I-140 immigrant petition, but is unable to initiate the final step of the ] process due to their ] not being current, they may be entitled to a 3 year extension of their H-1B visa. This exception originated with the American Competitiveness in the Twenty-First Century Act of 2000.<ref></ref>
			In the past, the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself because requirement to maintain a foreign address for this non-immigrant classification was removed in the ].<ref name="Dual Intent">Chang, Henry J. "{{dead link|date=March 2020|bot=medic}}{{cbignore|bot=medic}}". Archived from {{Webarchive|url=https://web.archive.org/web/20160229145003/http://www.americanlaw.com/dintent.html |date=2016-02-29 }} on February 29, 2016. Retrieved February 29 2016. The exemption of H-1 and L nonimmigrants from the presumption of immigrant intent resulted from §205(b)(1) of the Immigration Act of 1990 ("IMMACT 90"), Pub. L. No. 101-649, 104 Stat. 4978; effective October 1, 1991. While the requirement to maintain an unabandoned foreign residence abroad never applied to L nonimmigrants, §205(e) of IMMACT 90 eliminated the foreign residence requirement for H-1 nonimmigrants.</ref> The Trump administration in 2017 expressed its dislike of the use of the H-1B visa, a nonimmigrant visa, as a pathway to permanent residence, and said it intended to restructure the immigration/permanent residence pathway with efficient systems such as ].<ref>Bennett, Brian (August 2, 2017). " {{Webarchive|url=https://web.archive.org/web/20180322143601/http://www.latimes.com/politics/washington/la-na-essential-washington-updates-trump-is-pushing-for-a-merit-based-1501681787-htmlstory.html |date=2018-03-22 }}". ''Los Angeles Times''.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20180322144531/https://www.cbsnews.com/news/white-house-lays-groundwork-for-merit-based-immigration-system/ |date=2018-03-22 }}". ''CBS News''. December 15, 2017.</ref><ref>Kopan, Tal (August 3, 2017). " {{Webarchive|url=https://web.archive.org/web/20180212024931/http://edition.cnn.com/2017/08/02/politics/cotton-perdue-trump-bill-point-system-merit-based/index.html |date=2018-02-12 }}". ''CNN''.</ref> In apparent response, some green card seekers looked to alternatives, like the ], which offers better prospects for permanent immigration than the H-1B visa.<ref>Iyengar, Rishi (April 26, 2018). " {{Webarchive|url=https://web.archive.org/web/20190214144134/https://www.cnn.com/2018/09/30/economy/immigration-h1b-eb5-investor-visa-india/index.html |date=2019-02-14 }}". ''CNN Business''.</ref> As a response to the abuse of H-1B visas, groups like U.S. Tech Workers advertised opposition posters throughout San Francisco's ] (BART) stations and trains.<ref>{{cite web| url=http://www.deccanherald.com/content/665465/anti-h-1b-posters-come.html |title=Anti H-1B posters come up in San Francisco metro stations |author=((Press Trust of India, Washington))|newspaper=Deccan Herald |date=March 20, 2018 |archive-url=https://web.archive.org/web/20180320053546/http://www.deccanherald.com/content/665465/anti-h-1b-posters-come.html |archive-date=March 20, 2018}}</ref>
	== H-1B and legal immigration ==
	Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories recognized as '']'', meaning an H-1B holder can have legal immigration intent (apply for and obtain the ]) while still a holder of the visa. In the past the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself. However, in recent times the legal employment-based immigration process has backlogged and retrogressed to the extent that it now takes many years for skilled professional applicants from certain countries to obtain their green cards. Since the duration of the H-1B visa hasn't changed, this has meant a lot more H-1B visa holders have to renew their visas in 1 year or 3 year increments to continue to be in legal status while their green card application is in process.
			===H-1B visa dependents===
	==Quotas and changes in quotas==
			H-1B visa holders can bring immediate family members (spouse and children under 21) to the United States under the ] category as ].<ref>Rosenow, Manfred (May 20, 1991). "How Foreigners Can Work Temporarily in This Country." ''The Miami Herald''. p. 13B.</ref>
	The number of new H-1Bs issued each year in the United States is subject to an annual congressionally-mandated quota. Each H-1B quota applies to a particular ] which begins on October 1. Applications for the upcoming Financial Year are accepted beginning on the preceding April 1 (or the first working day after that date). Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days. This annual quota has had a significant impact on the ] industry. It has generally been set at 65,000 visas per year, with some exceptions for workers at exempt organizations like universities and colleges (note: contrary to popular belief, non-profit organizations are not automatically exempt, but may be so if affiliated with a university or college). In 2000, ] permanently exempted H-1B visas going to Universities and Government Research Laboratories from the quota.
			An H-4 visa holder may remain in the U.S. as long as the H-1B visa holder retains legal status. An H-4 visa holder is allowed to attend school, apply for a driver's license, and open a bank account in the United States.
	During the early years of this quota in the early 1990s, this quota was rarely actually reached. By the mid-1990s, however, the quota tended to be filled each year on a first come, first served basis, resulting in new H-1Bs often being denied or delayed because the annual quota was already filled. In 1998 the quota was increased first to 115,000 and then, in 2000, to 195,000 visas per year. During the years the quota was 195,000, it was never reached.
			Effective May 26, 2015, ] allows some spouses of H-1B visa holders to apply for eligibility to work unrestricted in the United States. Under the rule, the H-1B worker must either be the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140) or have H-1B status under the ], as amended by the 21st Century Department of Justice Appropriations Authorization Act, and the spouse must be in the United States with ] status.<ref name= highlyskilled>Iyengar, Rishi. " ." ''Time''. February 25, 2015.</ref><ref name= extends>" {{Webarchive|url=https://web.archive.org/web/20150301025900/http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence |date=2015-03-01 }}." ''United States Department of Homeland Security''. February 24, 2015.</ref> The spouse would need to file Form I-765, Application for Employment Authorization, with supporting documents and the required filing fee.<ref name= extends/> The spouse is authorized to work in the United States only after the Form I-765 is approved and the spouse receives an ] card.<ref name= extends/> In 2022, the U.S. government issued 82,616 work permits for H-1B spouses.<ref>{{Cite web |title=USCIS EAD Report |url=https://www.uscis.gov/sites/default/files/document/data/I-765_Application_for_Employment_FY03-22_AnnualReport.pdf}}</ref>
	In FY 2004, the quota reverted to 90,000 when the temporary increase passed by Congress in 1999 expired. Since then, the quota is again filling up rapidly every year, making H-1Bs again increasingly hard to get. More recently, the basic quota was left at 65,000 but with an additional 20,000 visas possible for foreign workers with U.S. advanced degrees. Of the 65,000 total, 6,800 are initially reserved for citizens of ] and ] under free trade agreements with those countries; however, if these reserved visas are not used under the agreements, they go back to the general pool. Outside of the 65,000 quota, another 10,500 visas annually are available to ] citizens under a similar but more flexible program, the ] program.
			===Travel===
	For FY 2007, beginning on October 1, 2006, the entire quota of visas for the year was exhausted within a span of less than 2 months on May 26, 2006<ref></ref>, well before the beginning of the financial year concerned. The additional 20,000 Advanced Degree H-1B visas were exhausted on July 26. For FY 2008, the entire quota was exhausted before the end of the first day on which applications were accepted, April 2<ref></ref>. Under USCIS rules, the 123,480 petitions received on April 2 and April 3 that were subject to the cap were pooled, and then 65,000 of these were selected at random for further processing<ref>, USCIS, April 13, 2007</ref>. The additional 20,000 Advanced Degree H-1B visas for FY 2008 was exhausted on April 30.
			==== Applying for an H-1B visa stamp at a U.S. Consulate abroad ====
	In its annual report on H-1B visas released in November 2006, USCIS stated that it approved 131,000 H-1B visas in FY 2004 and 117,000 in FY 2005. The inflation in numbers is because H-1B visas can be exempt from the caps if the employer is a University or Research Lab.
			When an H-1B worker travels outside the U.S. for any reason (other than to Canada or Mexico, for 30 days or less),<ref>{{Cite web |title=Automatic Revalidation |url=https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/visa-expiration-date/auto-revalidate.html |access-date=2024-06-21 |website=travel.state.gov}}</ref> he or she must have a valid visa stamped on his or her passport for re-entry in the United States.<ref>{{Cite web |title=U.S. Visas |url=https://travel.state.gov/content/travel/en/us-visas.html |access-date=2024-06-21 |website=travel.state.gov}}</ref> If the worker has an expired stamp but an unexpired I-797 petition approval notice, he or she will need to appear in front of a ] Consular Officer at a U.S. Embassy to get a new H-1B visa stamp.
			Consular Officers are instructed by the ] per 9 FAM 402.10-9(A.a) that an approved ] petition is evidence that the requirements for H-1B visa classification have been met.<ref name=9FAM402-10>{{Cite web |title=9 FAM 402.10 (U) TEMPORARY WORKERS AND TRAINEES - H VISAS |url=https://fam.state.gov/fam/09FAM/09FAM040210.html |access-date=2024-06-21 |website=fam.state.gov}}</ref> In other words, when an H-1B worker appears for stamping, consular officers are ''not'' being tasked to re-adjudicate whether their job is a specialty occupation, whether the applicant has the right qualifications on paper and whether other key requirements relating to the position are fulfilled. However, the approval of an ] petition by USCIS does not relieve the applicant of establishing H-1B visa eligibility: consular officers can refuse to issue a visa if they suspect, based on the interview or any documents submitted, that there has been fraud or misrepresentation in front of USCIS by either the employer or visa applicant. The Foreign Affairs Manual instructs consular officers that they "benefit from cultural and local knowledge that adjudicators at USCIS do not possess, making it easier to spot exaggerations or misrepresentation in qualifications".<ref name=9FAM402-10/> In such a case, the consular officer refuses the visa under section 221(g) of the U.S. Immigration and Nationality Act (as outlined in 9 FAM 402.10-9(A.b)) and then either asks for more evidence from the applicant or may simply need more time to make a final decision.<ref name=9FAM402-10/> If the officer confirms there are issues with the application, the underlying H-1B petition is sent back to USCIS for reconsideration. Upon receipt of a memo from the consular officer who refused the visa explaining the reasons for his or her decision, USCIS then either confirms the petition is valid as initially approved, or definitively revokes it.<ref>{{Cite web |last=Hacking |first=Jim |date=2020-11-05 |title=Embassy Sending Case Back to USCIS |url=https://hackinglawpractice.com/embassy-sending-case-back-to-uscis/ |access-date=2024-06-21 |website=Hacking Immigration Law, LLC. |language=en-US}}</ref><ref>{{Cite web |title=H-1B Petition Revocation During Visa Process/Reaffirmation {{!}} Immigration.com |url=https://www.immigration.com/faq/h-1b-petition-revocation-during-visa-processreaffirmation |access-date=2024-06-21 |website=www.immigration.com}}</ref> Consular officers themselves cannot revoke USCIS-approved petitions.<ref name=9FAM402-10/>
	For FY 2009, USCIS announced on April 8, 2008 that the entire quota for visas for the year has been reached, for both 20,000 Advanced and the 65,000 quota. USCIS would complete initial data entry for all filing received during April 1 to April 7, 2008 before running the lottery <ref></ref>.
			In some visa application cases, H-1B workers can be required to undergo "]," involving extra background checks of different types. Under current rules, these checks are supposed to take ten days or less, but in some cases, have lasted years.<ref>{{cite web|last=Alden|first=Edward|title=America's 'National Suicide'|website=Newsweek|date=10 April 2011|url=http://www.newsweek.com/2011/04/10/america-s-national-suicide.html|access-date=5 July 2011|archive-url=https://web.archive.org/web/20110704155013/http://www.newsweek.com/2011/04/10/america-s-national-suicide.html|archive-date=4 July 2011|url-status=live}}</ref>
	For FY 2010, USCIS announced on December 21, 2009, that enough petitions were received to reach the year quota. <ref></ref>. Trend analysis <ref></ref> indicates that the FY 2011 cap may be reached sometime between early October and November since the economy is picking up and the recession is easing.
			===== Domestic Visa Renewal Pilot Program (2024) =====
	== H-1B-dependent employers ==
			In a bid to streamline the H-1B visa renewal process, the U.S. Department of State launched a limited Domestic Visa Renewal Pilot Program from January 29 to April 1, 2024. This initiative allowed a select group of H-1B visa holders who previously received their visas from specific consulates in Canada or India to renew their visas domestically, bypassing the need for an international trip. The program, capped at 20,000 participants, required applicants to secure a slot in one of the five weekly allotments of 4,000 filing slots. It was specifically designed for H-1B renewals and targeted individuals not subject to reciprocity fees or in-person interview waivers. It excluded those whose previous issued H-1B visa had a "Clearance Received" annotation (indicating a ] was determined as necessary before making a decision on issuance).<ref>{{Cite web |date=2023-12-21 |title=Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens |url=https://www.federalregister.gov/documents/2023/12/21/2023-28160/pilot-program-to-resume-renewal-of-h-1b-nonimmigrant-visas-in-the-united-states-for-certain |access-date=2024-07-05 |website=Federal Register |language=en}}</ref>
			==== Other travel benefits ====
	Recent H-1B legislation requires certain employers, called ]s to advertise positions in the USA before petitioning to employ H-1B workers for those positions. {{Citation needed|date=April 2010}}
			Additionally, an individual with a valid H-1B visa does not need a visa to enter ] for tourism for up to 30 days.<ref name="Costa Rica">" {{Webarchive|url=https://web.archive.org/web/20190330221246/http://www.costarica-embassy.org/index.php?q=node%2F24|date=2019-03-30}}". ''Embassy of Costa Rica in Washington, D.C.'' Retrieved December 10, 2018.</ref> The H-1B visa must be stamped in the passport and be valid for at least six months.<ref name="Costa Rica" /> The passport needs to be valid for at least six months after entering Costa Rica.<ref name="Costa Rica" />
			===Job loss departure requirement===
	For firms of 50 employees, an '''H-1B dependent employer''' is defined as having more than 15% of their employees in H-1B status. Smaller firms are allowed to have a higher percentage of H-1B employees before becoming 'dependent'.
			If an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker's transportation outside the United States.
			If an H-1B worker is laid off or quits, the worker has a grace period of 60 days or until the I-94 expiration date, whichever is shorter, to find a new employer or leave the country.
	==Criticisms of the program==
	{{Criticism section|date=November 2009}}
	The H-1B program has caused a number of criticisms.
			There also is a 10-day grace period for an H-1B worker to depart the United States at the end of his/her authorized period of stay. This grace period only applies if the worker works until the H-1B expiration date listed on his/her I-797 approval notice, or I-94 card.<ref>" {{Webarchive|url=https://web.archive.org/web/20181009052746/https://www.law.cornell.edu/cfr/text/8/214.2|date=2018-10-09}}". via Legal Information Institute, Cornell University Law School. Retrieved November 14, 2018. ''Except as set forth in 8 CFR 214.1(l) with respect to H-1B beneficiaries and their dependents andparagraph (h)(5)(viii)(B) of this section with respect to H-2A beneficiaries, a beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition.''</ref>
	===Employees made to pay H1-B sponsorship costs===
	Although the practice is unlawful, it is widely believed{{Citation needed|date=March 2010}} that some employers make their H1-B employees pay for most, all or in excess of the costs associated with sponsoring and processing an H1-B application. These fees are usually under the guise of bond or other instruments, in a futile attempt to serve as a legal workaround to the law.
			==Application process==
	===No labor shortages===
			The process of getting a H-1B visa has three stages:
			* The employer files with the ] a ] (LCA) for the employee, making relevant attestations, including attestations about wages (showing that the wage is at least equal to the prevailing wage and wages paid to others in the company in similar positions) and working conditions.<ref>Tai, Wendy S. (September 29, 1991). "'Prevailing wage' has high-tech companies on edge." ''Star Tribune'' (Minneapolis, Minnesota). p. 19A.</ref>
	Nobel Prize winning economist ] called the program a corporate subsidy, as quoted in a 2002 article in ''Computerworld''.<ref></ref> The accuracy of this quote can not be ascertained, however, as Mr. Friedman has since died. Others holding this view include ], who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject. Matloff's paper for the ''University of Michigan Journal of Law Reform'' claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.<ref></ref> The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness.<ref>http://www.gao.gov/archive/2000/he00157.pdf </ref> The GAO report's recommendations were subsequently implemented. High-tech companies often cite a tech-worker shortage when asking Congress to raise the 65,000 annual cap on H-1B visas, but according to a study conducted by John Miano and the Center for Immigration Studies there is no empirical data to support that claim. <ref name="2008-cis">{{cite web
			* With an approved Labor Condition Application, the employer files a ] (Petition for a Nonimmigrant Worker) requesting H-1B classification for the worker. This must be accompanied by necessary supporting documents and fees.<ref>Seguritan, Reuben S, Esq. (March 25, 2016). "USCIS Issues H-1B Filing Instructions". ''The Filipino Express'' (Jersey City, New Jersey). p. 10, 12.</ref>
	| url = http://www.cis.org/H1bVisaNumbers
			* Once the Form I-129 is approved, the worker may begin working with the H-1B classification on or after the indicated start date of the job, if already physically present in the United States in valid status at the time. If the employee is outside the United States, he/she may use the approved Form I-129 and supporting documents to apply for the H-1B visa. With a H-1B visa, the worker may present himself or herself at a United States port of entry seeking admission to the United States, and get a ] to enter the United States. (Employees who started a job on H-1B status without a H-1B visa because they were already in the United States still need to get a H-1B visa if they ever leave and wish to re-enter the United States while on H-1B status.)
	| title = H-1B Visa Numbers: No Relationship to Economic Need
	| accessdate = 04/07/2010
	| author = John Miano
	|date=June 2008
	| publisher = Center for Immigration Studies
	}}</ref>. Citing studies done at Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry. <ref name="false-shortages-studies">{{cite web
	| url = http://www.numbersusa.com/content/learn/issues/high-tech-workers/there-no-tech-worker-shortage.html
	| title = There Is No Tech Worker Shortage
	| accessdate = 04/07/2010
	| author = Numbers USA
	|date=2010
	| publisher = Numbers USA
	}}</ref>. Organizations have also posted hundreds of first hand accounts of H1-B Visa Harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.<ref name="harm-report">{{cite web
	| url = http://www.hireamericansfirst.org/members/h1b_harm_report.aspx
	| title = H-1B Visa Harm Report
	| accessdate = 04/07/2010
	| author = Hire Americans First
	|date=2010
	| publisher = ]
	}}</ref>
			===Premium processing===
	===Relatively low skills required===
	Another criticism of the H-1B program is its vague eligibility requirements, but specific guidelines, upheld by a body of case law, define the requirements. While frequently described as a program for highly skilled workers, the H-1B nonimmigrant visa category specifically applies to specialty occupations. It can be argued that any job that requires a minimum of a bachelor's degree is "highly skilled".
			An applicant may choose to pay for ]. U.S. Citizenship and Immigration Services guarantees processing of applications and petitions within 15 calendar days.<ref name= premium>" {{Webarchive|url=https://web.archive.org/web/20181012003122/https://www.uscis.gov/forms/how-do-i-use-premium-processing-service |date=2018-10-12 }}" ''U.S. Citizenship and Immigration Services''. August 28, 2018.</ref> U.S. Citizenship and Immigration Services will send an approval notice, a denial notice, a notice of intent to deny, a request for additional evidence, or open an investigation for fraud or misrepresentation within 15 calendar days of receiving Form I-907: Request for Premium Processing Service.<ref name= premium/> If the 15-calendar-day window is not satisfied, then the Premium Processing Fee will be refunded.<ref name= premium/> In the past, USCIS suspended, then resumed the premium processing program.<ref name="www.uscis.gov">" {{Webarchive|url=https://web.archive.org/web/20170305111010/https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions|date=2017-03-05}}". ''United States Citizenship and Immigration Services''. March 3, 2017.</ref><ref>Seguritan, Reuben S, Esq. (March 10, 2017). "Suspension of H-1B Premium Processing Could Hurt Businesses and Workers". ''The Filipino Express'' (Jersey City, New Jersey). p. 10, 12.</ref><ref name="USCIS123">" {{Webarchive|url=https://web.archive.org/web/20171210072420/https://www.uscis.gov/news/news-releases/premium-processing-now-available-all-petitioners-seeking-h-1b-visas|date=2017-12-10}}". ''United States Citizenship and Immigration Services''. October 3, 2017.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20181106010850/https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-fiscal-year-2019-h-1b-cap-petitions|date=2018-11-06}}". ''United States Citizenship and Immigration Services''. March 20, 2018.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20181029022834/https://www.uscis.gov/news/uscis-extends-and-expands-suspension-premium-processing-h-1b-petitions-reduce-delays|date=2018-10-29}}". ''United States Citizenship and Immigration Services''. August 28, 2018.</ref>
	Specialty occupations have been defined as positions that require theoretical or technical expertise in a specialized field and have generally been interpreted as being those that normally require the attainment of a ].<ref>United Department of Labor Office of Inspector General, The Department of Labor's Foreign Labor Certification Programs: The System Is Broken and Needs To Be Fixed, May 22, 1996, p. 20</ref> Typical H-1B occupations include ], ], ], ], ], ], and college ]. The H-1B visa program also includes fashion ].
			==History==
	===Wage depression===
	] is a chronic complaint critics have about the H-1B program: some studies have found that H-1B workers are paid significantly less than U.S. workers.<ref> John M. Miano</ref><ref> John M. Miano</ref> It is claimed <ref name="underpay">{{cite web
	| url = http://programmersguild.org/archives/howtounderpay.htm
	| title = How to Underpay H-1B Workers
	| accessdate = 04/02/2010
	| author = Programmer's Guild
	|date=2001
	| publisher = ]
	}}</ref> <ref name="numbersusa">{{cite web
	| url = http://www.numbersusa.com/
	| title = Numbers USA
	| accessdate = 04/02/2010
	| author = NumbersUSA
	|date=2010
	| publisher = ]
	}}</ref> <ref name="visa-bailout">{{cite web
	| url = http://news.outlookindia.com/item.aspx?654274
	| title = H-1B Visa Ban for Bailed-out US Firms is Irrational: Montek
	| accessdate = 04/02/2010
	| author = OutlookIndia.com
	|date=February 18, 2009
	| publisher = ]
	}}</ref> <ref name="hira-shortage">{{cite web
	| url = http://www.informationweek.com/news/global-cio/outsourcing/showArticle.jhtml?articleID=205601556
	| title = No, The Tech Skills Shortage Doesn't Exist
	| accessdate = 04/02/2010
	| author = Ron Hira
	|date=Jan 12, 2008
	| publisher = ]
	}}</ref> <ref name="lowell">{{cite web
	| url = http://www.urban.org/UploadedPDF/411562_Salzman_Science.pdf
	| title = Into the Eye of the Storm: Assessing the Evidence on Science and Engineering, Education, Quality, and Workforce Demand
	| accessdate = 04/02/2010
	| author = B. Lindsay Lowell, Georgetown University
	|date=October 2007
	| publisher = ]
	}}</ref> <ref name="lowell">{{cite web
	| url = http://www.issues.org/23.3/wadhwa.html
	| title = Where the Engineers Are
	| accessdate = 04/02/2010
	| author = VIVEK WADHWA, GARY GEREFFI, BEN RISSING, RYAN ONG
	|date=Spring 2007
	| publisher = ]
	}}</ref> that the H-1B program is primarily used as a source of cheap labor. Although, these studies are often conducted and reported by special interest groups that oppose the H-1B program. No definitive governmental study, either by the ] or the ] has proven these statistics to be true. {{Citation needed|date=April 2010}} A by ] Professor ] for the ] found that "a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent."{{Citation needed|date=November 2009}}
			=== Legislation history ===
	The ] (LCA) included in the H-1B petition is supposed to ensure that H-1B workers are paid the prevailing wage in the labor market, or the employer's actual average wage (whichever is higher){{Citation needed|date=November 2009}}, but evidence exists that some employers do not abide by these provisions and avoid paying the actual prevailing wage. However, studies show that the majority{{Citation needed|date=January 2010}} of employers do pay prevailing wages and the law provides stiff penalties for abusers.<ref>http://www.millerjohnson.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=1406 H-1B Prevailing Wage Enforcement On The Rise – Millions In Back Wages And Fines Ordered</ref>
			==== Visa creation ====
	DOL has split the prevailing wage into four levels, with Level One representing about the 17th percentile of wage average Americans earn. About 80 percent of LCAs are filed at this 17th percentile level{{Citation needed|date=September 2008}}. This four-level prevailing wage can be obtained the DOL website,<ref></ref> and is generally far lower than average wages{{Citation needed|date=September 2008}}.
			On June 27, 1952, ] passed the ] after overriding a veto by ] ]. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country.<ref>Trussell, C.P. (June 27, 1952). "Immigration Bill Repassed by House Over Truman Veto: McCarran Measure to Codify Alien Laws Wins 17 Votes Over Two-thirds Majority". ''The New York Times''. p. 1.</ref> Several different types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability."<ref name= ina1952>" {{Webarchive|url=https://web.archive.org/web/20190129175216/https://www.govinfo.gov/content/pkg/STATUTE-66/pdf/STATUTE-66-Pg163.pdf |date=2019-01-29 }}". ''United States Congress''. via Government Printing Office. June 27, 1952.</ref> The term "distinguished merit and ability" was not new to United States immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the United States.<ref>"Equity to Support the Dickstein Bill". ''The New York Times''. March 5, 1932. p. 11.</ref><ref>"Foreign Musicians Face Rigid Tests: 'Distinguished Merit and Ability' May Enter America, Washington Rules". ''The New York Times''. October 28, 1934. p. N1.</ref> The visa was called an H-1 visa because it had been made into law by section 101(15)(H)(1) of the Immigration and Nationality Act.<ref name= ina1952/>
			==== The Immigration Act of 1990 ====
	The "prevailing wage" stipulation is allegedly vague and thus easy to manipulate{{Citation needed|date=November 2009}}, resulting in employers underpaying visa workers. According to Ron Hira, assistant professor of public policy at the Rochester Institute of Technology, the median wage in 2005 for new H-1B information technology (IT) was just $50,000, which is even lower than starting wages for IT graduates with a B.S. degree. The U.S. government OES office's data indicates that 90 percent of H-1B IT wages were below the median U.S. wage for the same occupation. <ref name="laplante">{{cite web
			The ] was signed into law by President ] on November 20, 1990. The H-1 visa was split into two different visas. The law created the H-1A visa for nurses, and the H-1B visa was established for workers in a "specialty occupation". The Immigration Act defined a specialty occupation as "an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and 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". In order to qualify, a visa applicant needed any applicable state license for the particular occupation and either an educational degree related to the occupation or an equivalent amount of professional experience. For the first time, there was established a quota of 65,000 H-1B visas available each fiscal year, rather than an unlimited amount before. An employer was required by law to pay such employees at least the prevailing wage for the position, and employers were required to make certain attestations by way of a ].<ref>"Hiring skilled non-citizens OK if done properly." ''The Telegraph'' (Nashua, New Hampshire). March 16, 1999.</ref><ref>Rosenow, Manfred (February 10, 1991). "Professional Visas Now Tough to Obtain." ''The Miami Herald''. p. 14B.</ref>
	| url = http://www.informationweek.com/news/showArticle.jhtml?articleID=201000479
	| title = To H-1B Or Not To H-1B?
	| accessdate = 04/02/2010
	| author = Alice LaPlante
	|date=July 14, 2007
	| publisher = ]
	}}</ref>
			==== The American Competitiveness and Workforce Improvement Act of 1998 ====
	In 2002, The U.S. government began an investigation into Sun Microsystems' hiring practices after an ex-employee, ], filed complaints with the ] and ] alleging that the ] firm discriminates against American citizens in favor of foreign workers on H-1B visas. Santiglia accused the company of bias against U.S. citizens when it laid off 3,900 workers in late 2001 and at the same time applied for thousands of visas. In 2002, about 5 percent of Sun's 39,000 employees had temporary work visas, he said.<ref name="sun">''Sun Accused of Worker Discrimination'', San Francisco chronicle, June 25, 2002, </ref> In 2005, it was decided that Sun violated only minor requirements and that neither of these violations was substantial or willful. Thus, the judge only ordered Sun to change its posting practices.<ref></ref>
			President ] signed the ] into law on October 21, 1998. The law required that each application for an H-1B must include an additional $500 payment, which would be used for retraining U.S. workers in order to reduce the need for H-1B visas in the future. The quota of H-1B visas was increased from 65,000 to 115,000 for fiscal years 1999 and 2000 only. For an ] or who had committed a willful misrepresentation in the recent past, the employer ] that the additional H-1B worker would not displace any U.S. workers.<ref name="GAO Report 2000">" {{Webarchive|url=https://web.archive.org/web/20150924020849/http://www.gao.gov/archive/2000/he00157.pdf |date=2015-09-24 }}". '']''. September 2000. Retrieved May 15, 2015.</ref> The act also gave investigative authority to the ].
			==== The American Competitiveness in the 21st Century Act of 2000 ====
	===Hidden costs and risks for employers===
			On October 17, 2000, the ] was signed by President Bill Clinton.<ref>Ingber, Jerome B. (November 30, 2000). "Immigration News": American Competitiveness in the 21st Century Act (ACT21)". ''Asian Pages'' (St. Paul, Minnesota). p. 12.</ref> Under the law, the required retraining fee was increased from $500 to $1,000. The quota was increased to 195,000 H-1B visas in fiscal years 2001, 2002, and 2003 only. Nonprofit research institutions sponsoring workers for H-1B visas became exempt from the H-1B visa quotas.<ref>Kaye, Allen E; Danilov, Dan P. (July 20, 2000). "Immigration Update: Major provisions of H-1B law from 1998 presented". ''Filipino Reporter'' (New York, New York). p. 22.</ref>
	Although, lower wages do not necessarily mean lower costs for employers. The costs for a company to apply for an H-1B visa can be significant, and it varies between $1,440 and $3,000<ref>http://www.workpermit.com/us/us_h1b_faq.htm</ref>, depending on the attorney's fees(if used), the number of employees in the company, and if a faster premium service is paid, without including the cost of a possible trip to the border of the country of origin, nor the renewal costs. Besides that, there is no guarantee that the prospective employee will be granted the visa due to high demand, and the expenses are sometimes non-refundable. In addition to that, if the employer should dismiss the employee, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an employee chooses to resign.<ref>http://www.workpermit.com/us/us_h1b.htm</ref>
			Under the law, a worker in H-1B status who had already been subject to a visa quota would not be subject to quotas if requesting a transfer to a new employer or if applying for a three-year extension.<ref name="Senate Passed $600 Million Border Security Bill and Increases H-1B and L-1 Visa Application Fees">" {{Webarchive|url=https://web.archive.org/web/20100819085029/http://www.katiraeilaw.com/newsletter/125.html?task=view |date=2010-08-19 }}". ''Law Offices of Ron Katiraei''. August 12, 2010.</ref> An H-1B worker became allowed to change employers if the worker had an I-485 application pending for six months and an approved I-140 and if the new position is substantially comparable to their current position.<ref>Sundaram, Viji (October 13, 2000). "H-1B Visa Holders Jubilant Over Bill". ''India-West'' (San Leandro, California). p. A1.</ref>
	===Risks for employees===
	Historically, H-1B holders have sometimes been described as ]<ref>{{cite news |title=Skilled Workers – or Indentured Servants? |work=] |first=Brian |last=Grow |date=June 6, 2003 |url=http://www.businessweek.com/careers/content/jun2003/ca20030610_2638_ca014.htm }}</ref>, and while the comparison is no longer totally accurate, it had more validity prior to the passage of ] of 2000. Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the ] (permanent residency), H-1B visa holders are an important exception, in that the H-1B is legally acknowledged as a possible step towards a green card under what is called the doctrine of ].
			In the case of an H-1B holder's spouse in H-4 status, the spouse may be eligible to work in the United States under certain circumstances.<ref name= workvisas>Pfeffer, Joel (April 28, 2015). "Work Visas Available for H-1B Spouses". ''Pittsburgh Post-Gazette'' (Pittsburgh, Pennsylvania). p. D3.</ref> The spouse must have an approved "Immigration Petition for Alien Worker" form or the spouse must have been given H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act of 2000.<ref name= workvisas/>
	H-1B visa holders may be sponsored for their green cards by their employers through an Application for Alien Labor Certification, filed with the U.S. Department of Labor.{{Citation needed|date=April 2010}} In the past, the sponsorship process has taken several years, and for much of that time the H-1B visa holder was unable to change jobs without losing their place in line for the green card. This created an element of enforced loyalty to an employer by an H-1B visa holder. Critics{{Who|date=November 2009}} alleged that employers benefit from this enforced loyalty because it reduced the risk that the H-1B employee might leave the job and go work for a competitor, and that it put citizen workers at a disadvantage in the job market, since the employer has less assurance that the citizen will stay at his job for an extended period of time, especially if the work conditions are tough, wages are lower or the work is difficult or complex. It has been argued that this makes the H-1B program extremely attractive to employers, and that labor legislation in this regard has been influenced by corporations seeking and benefiting from such advantages.{{Citation needed|date=November 2009}}
			==== Free trade agreements in 2003 ====
	Some recent news reports suggest that the recession started in 2008 will exacerbate the H-1B visa situation, both for supporters of the program and for those who oppose it<ref></ref>. The process to obtain the green card has become so long, that during these recession years it has not been unusual that sponsoring companies fail and disappear, thus forcing the H-1B employee to find another sponsor, and losing their place in line for the green card. An H-1B employee could be just one month from obtaining their green card, but if he or she are laid off, he or she will have to leave the country, or go to the end of the line and start over the process to get the green card, and wait as much as 10 more years, depending on their nationality and visa category.<ref>http://www.travel.state.gov/visa/frvi/bulletin/bulletin_4597.html visa bulletin</ref>
			Congress ratified the ] in 2003. It ratified the ] later that year. With these free trade agreements, a new H-1B1 visa was established as being available solely for people from either ] or ]. Unlike H-1B visas that had a limited renewal time, H-1B1 visas can be renewed indefinitely. H-1B1 visas are subject to a separate quota of 6,000 per fiscal year. Unlike H-1B visas, an H-1B1 visa is not a ], and an H-1B1 applicant must convince the visa officer that they have no intention of permanently immigrating to the United States.
	==Criticisms by H-1B holders==		==== The H-1B Visa Reform Act of 2004 ====
			The ] was a part of the ], which President ] signed on December 6, 2004. For employers with 26 or more employees, the required retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers. A new $500 "anti-fraud fee" was established that was required to be paid by the employer with the visa application.<ref name= 62H>" {{Webarchive|url=https://web.archive.org/web/20171207182434/https://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62H.pdf |date=2017-12-07 }}" ''Wage and Hour Division''. ]. August 2009.</ref> While the H-1B quota returned to 65,000 per year, the law added 20,000 visas for applicants with ] status with either a ] or a ] from a U.S. graduate school. Governmental entities became exempt from H-1B visa quotas. According to the law, H-1B visas that were revoked due to either fraud or willful misrepresentation would be added to the H-1B visa quota for the following fiscal year. The law also allowed one-year extensions of H-1B for H-1B visa holders who were applying for ] and whose petitions had been pending for a long time. The United States Department of Labor had more investigative authority, but an employer could defend against misdeeds by using either the Good Faith Compliance Defense or the Recognized Industry Standards Defense.
	===Payment of out-of-state tuition===
	In most states, H-1B workers and their dependents do not qualify for in-state tuition regardless of the amount of time spent in the US{{Citation needed|date=November 2009}}. However, for more than a decade, a few states such as California, New York, Washington and Texas have extended in-state tuition to H-1B workers and dependents. Typically the decision to offer in-state tuition to H-1B and H4 residents is taken as a result of an adverse state court decision that uses the precedent established for G-4 visas in the Supreme Court decision in .
	===Social Security and Medicare taxes ===		==== Proposed legislation in 2007 ====
			Senators ] of Illinois and Charles Grassley of Iowa began introducing "The H-1B and L-1 Visa Fraud & Prevention Act" in 2007. According to Durbin, speaking in 2009, "The H-1B visa program should complement the U.S. workforce, not replace it;" "The…program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs." ], a tech industry lobbying group, opposed the proposed legislation.<ref name="BW42409">Herbst, Moira (April 24, 2009). " {{Webarchive|url=https://web.archive.org/web/20150623023605/http://www.businessweek.com/bwdaily/dnflash/content/apr2009/db20090423_219068.htm|date=2015-06-23}}". ''Businessweek''. Retrieved June 8, 2015.</ref>
	H1B employees have to pay Social Security and Medicare taxes as part of their payroll. Like US citizens, they are eligible to receive Social Security benefits even if they leave the United States, provided they have paid Social Security benefits for at least 10 years. Further, the US has bilateral agreements with several countries to ensure that the time paid into the US Social Security system, even if it is less than 10 years, is taken into account in the foreign country's comparable system and vice versa.<ref></ref>
			==== The Consolidated Natural Resources Act of 2008 ====
	===Spouses cannot work ===
			The ] federalized immigration in the U.S. territory of the ], and it stipulated that, during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of ] and the Commonwealth of the Northern Mariana Islands.<ref>" {{Webarchive|url=https://web.archive.org/web/20090327035051/http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_public_laws&docid=f:publ229.110 |date=2009-03-27 }}". via United States Government Printing Office. 2008.</ref> The exemption does not apply to any employment to be performed outside of Guam or the Commonwealth of the Northern Mariana Islands.<ref>"Immigration Q & A: Details on H1-B, H-2B Cap Exemptions for Guam, CNMI". ''Pacific Daily News'' (Hagatna, Guam). February 21, 2010. p. B12.</ref>
	H-1B's spouse who generally come on H-4 (dependent visa) cannot work in the United States.<ref></ref>
			==== The Employ American Workers Act of 2009 ====
	===Unrealistic Depature Requirement on Job Loss===
			The ], as part of the ], was signed into law by President ] on February 17, 2009.<ref>"". ''United States Citizenship and Immigration Services''. Archived from {{Webarchive|url=https://web.archive.org/web/20090324132347/http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1eb19b5d82420210VgnVCM1000004718190aRCRD&vgnextchannel=e7d696cfcd6ff110VgnVCM1000004718190aRCRD |date=2009-03-24 }} on March 24, 2009.</ref> For employers who applied to sponsor a new H-1B and who had received funds under either the ] (TARP) or the Federal Reserve Act Section 13, the employers were required to attest that the additional H-1B worker would not displace any U.S. workers and that the employer had not laid off, and would not lay off, any U.S. worker in a job equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.<ref> {{Webarchive|url=https://web.archive.org/web/20090326135242/http://cglawaffiliates.x2cms.com/blog/wp-content/uploads/2009/02/faq-on-affect-of-stimulus-legislation-on-h-1b-program.pdf |date=2009-03-26 }}, ''cglawaffiliates.x2cms.com/blog''.</ref>
	If an H-1B worker is laid off for any reason, he has to leave the United States on the same day, or file an application to change to another non-immigrant status before his last official day of employment (including change of status to allow him to work for another employer). The H-1B program technically does not have a time allowance or grace period to round up one's affairs irrespective of how long the H-1B worker might have lived in the United States. To round up one's affairs, filing an application to change to another non-immigrant status is therefore a necessity.<br />
			==== Proposed legislation in 2017-2018 ====
	An H-1B worker who is laid off and attempts to find a new H-1B employer to file a petition for him is considered out of status if there is even a one day gap between the last day of employment and the date that the new H-1B petition is filed. While some attorneys claim that there is a grace period of 30 days, 60 days, or sometimes 10 days, that is not true according to the law. However, in practice, CIS has accepted H-1B transfer applications even with a gap in employment up to 60 days, but that is by no means guaranteed.<br />
			In 2017, the U.S. Congress considered more than doubling the minimum wage required for an H-1B holder from the $60,000 (USD) established in 1989 and unchanged since then. The High Skilled Integrity and Fairness Act, introduced by U.S. Rep. ] of ], would raise H-1B holders' minimum salaries to $130,000.<ref>{{citation |title=H-1B visa bill tabled: It's difficult to replace Americans with Indian I-T workers |date=January 31, 2017 |url=http://www.hindustantimes.com/world-news/h-1b-reform-bill-tabled-in-us-house-of-representatives-calls-for-doubling-minimum-salary/story-e39yDrVVuHXDbwVafPSPhK.html |access-date=February 2, 2017 |archive-url=https://web.archive.org/web/20170202123716/http://www.hindustantimes.com/world-news/h-1b-reform-bill-tabled-in-us-house-of-representatives-calls-for-doubling-minimum-salary/story-e39yDrVVuHXDbwVafPSPhK.html |url-status=live |publisher=] |archive-date=February 2, 2017 |via=]}}</ref> The action was criticized in the Indian press for confirming "the worst fears of IT companies" in the wake of the ] by both major candidates, and for causing a 5% drop in the ] index.<ref>{{citation |author=Sutanu Guru |title=H1-B (sic) visas: Shock and awe begins for Indian IT companies |date=January 31, 2017 |url=http://www.businessworld.in/article/H1-B-Visas-Shock-And-Awe-Begins-For-Indian-IT-Companies/31-01-2017-112172/ |work=] |access-date=February 2, 2017 |archive-url=https://web.archive.org/web/20170203161449/http://www.businessworld.in/article/H1-B-Visas-Shock-And-Awe-Begins-For-Indian-IT-Companies/31-01-2017-112172/ |url-status=live |location=New Delhi |archive-date=February 3, 2017}}</ref> Though, India in general has been welcoming this change and requirement since 2015.<ref>{{Cite news |date=28 September 2015 |title=PM Narendra Modi to Indian Diaspora: 'India is waiting for you' |website=] |url=https://timesofindia.indiatimes.com/india/PM-Narendra-Modi-to-Indian-Diaspora-India-is-waiting-for-you/articleshow/49133237.cms |url-status=live |access-date=2019-01-27 |archive-url=https://web.archive.org/web/20160608173413/http://timesofindia.indiatimes.com/india/PM-Narendra-Modi-to-Indian-Diaspora-India-is-waiting-for-you/articleshow/49133237.cms |archive-date=2016-06-08}}</ref> Lofgren's office described it as a measure to "curb ] abuse" citing unfair tech hiring practices by employers including Disney and ].<ref>{{citation |author=Lofgren staff |title=Lofgren introduces bill to curb job outsourcing |date=January 24, 2017 |url=https://lofgren.house.gov/news/documentsingle.aspx?DocumentID=398125 |work=Official website |access-date=February 2, 2017 |archive-url=https://web.archive.org/web/20170202201201/https://lofgren.house.gov/news/documentsingle.aspx?DocumentID=398125 |url-status=dead |publisher=United States Congress |archive-date=February 2, 2017}}</ref>
			=== Executive action history ===
	Some of the confusion regarding the "grace period" arose because there is a 10 day grace period for an H-1B worker to depart the United States at the end of his '''authorized''' period of stay (does not apply for laid off workers). This grace period only applies if the worker works until the H-1B expiration date listed on his I-797 approval notice, or I-94 card. 8 CFR 214.2(h)(13)(i)(A). It is therefore recommended that an H-1B worker who is laid off and can't immediately leave the US applies for a change of status to another non-immigrant status as soon as he receives his notice of termination/lay-off, e.g., B1 or B2.<br />
			The United States Citizenship and Immigration Services has updated and issued new rules regarding the H-1B visa in the past decade.
			==== STEM Optional Practical Training extension and cap-gap extension ====
	The employer has the legal obligation to pay the laid off worker's return transportation. The worker can only avoid leaving the country by finding another employer that will sponsor a new H-1B, which is sometimes impossible in the short amount of time available. If unhappy with the workplace, a U.S. citizen or green card holder can simply quit his or her job, whereas a H-1B's right to remain in the U.S. is tied to the job.
			{{Further|Global labor arbitrage#Immigration|STEM fields#STEM-eligible degrees in US immigration|Optional Practical Training}}
			On April 2, 2008, the U.S. ] (DHS) Secretary ] announced a 17-month extension to the Optional Practical Training for students in qualifying ]. The Optional Practical Training extension was included in the rule-change commonly referred to as the H-1B Cap-Gap Regulations.<ref name="H-1B Cap-Gap Regulations">{{cite web |title=Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations |url=https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations |url-status=live |archive-url=https://web.archive.org/web/20160216122039/https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations |archive-date=16 February 2016 |access-date=10 February 2016}}</ref><ref name="Order Code RL31146">{{cite web |author1=Chad C. Haddal |date=28 April 2008 |title=Foreign Students in the United States: Policies and Legislation |url=https://fpc.state.gov/documents/organization/105192.pdf |url-status=live |archive-url=https://web.archive.org/web/20160308004818/http://fpc.state.gov/documents/organization/105192.pdf |archive-date=8 March 2016 |access-date=10 February 2016 |publisher=U.S. Department of State |page=CRS-23 |quote=In addition to the OPT extension, the USCIS rule change also addresses the commonly referred to "cap-gap" for H-1B nonimmigrant employment authorization. The cap-gap occurs when the period of admission for an F-1 student with an approved H-1B petition expires before the start date of the H-1B employment, thus creating a gap between the end of the F-1 status and beginning of the H-1B status. Under previous regulations, USCIS could authorize extensions for students caught in a cap-gap, but only when the H-1B caphb be in a few months was likely to be reached by the end of the fiscal year.}}</ref> The OPT extension only benefits foreign STEM (Science, Technology, Engineering, or Mathematics) students and is not available to foreign students of other disciplines. The 17-month work-authorization extension allows the foreign STEM student to work up to 29 months in total on the student visa, allowing the STEM student multiple years to obtain an H-1B visa.<ref name="chertoff-memo">{{cite web |date=April 2, 2008 |title=Federal Register, Volume 73, Number 68 (April 8, 2008) |url=http://www.gpo.gov/fdsys/pkg/FR-2008-04-08/html/E8-7427.htm |url-status=live |archive-url=https://web.archive.org/web/20150211012437/http://www.gpo.gov/fdsys/pkg/FR-2008-04-08/html/E8-7427.htm |archive-date=February 11, 2015 |access-date=January 19, 2015}}</ref><ref>{{cite web |date=2012-04-25 |title=Questions and Answers: Extension of Optional Practical Training Program for Qualified Students |url=http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD |url-status=live |archive-url=https://web.archive.org/web/20131124111636/http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9a3d3dd87aa19110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD |archive-date=2013-11-24 |access-date=2015-05-16 |publisher=]}}</ref> To be eligible for the 12-month work-permit, any bachelor's degree in any field of study is valid. For the 17-month OPT extension, a student must have received a STEM degree in one of the approved majors listed on the .<ref name="Cap Gap">{{cite web |date=15 March 2013 |title=Extension of Post Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations |url=http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations |url-status=live |archive-url=https://web.archive.org/web/20150516051011/http://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/extension-post-completion-optional-practical-training-opt-and-f-1-status-eligible-students-under-h-1b-cap-gap-regulations |archive-date=16 May 2015 |access-date=16 May 2015 |publisher=USCIS |quote=F-1 students who receive science, technology, engineering, and mathematics (STEM) degrees included on the STEM Designated Degree Program List, are employed by employers enrolled in E-Verify, and who have received an initial grant of post-completion OPT employment authorization related to such a degree, may apply for a 17-month extension of such authorization.}}</ref> The STEM extension can be combined with the cap-gap extension.<ref>{{cite web |title=Questions and Answers: Extension of Optional Practical Training Program for Qualified Students |url=http://www.uscis.gov/archive/archive-news/questions-and-answers-extension-optional-practical-training-program-qualified-students |url-status=live |archive-url=https://web.archive.org/web/20141221174620/http://www.uscis.gov/archive/archive-news/questions-and-answers-extension-optional-practical-training-program-qualified-students |archive-date=December 21, 2014 |access-date=December 24, 2014 |publisher=]}}</ref> The cap-gap extension was also created in 2008 and allows a STEM OPT worker who has a pending or approved H-1B visa to remain in the U.S until the H-1B visa begins.<ref>{{Cite journal |last=Grimm |first=Adam |date=October 2019 |title=Studying to Stay: Understanding Graduate Visa Policy Content and Context in the United States and Australia |url=https://onlinelibrary.wiley.com/doi/10.1111/imig.12561 |journal=International Migration |language=en |volume=57 |issue=5 |pages=235–251 |doi=10.1111/imig.12561 |s2cid=159187410 |issn=0020-7985}}</ref>
	===An H-1B worker faces additional obstacles at his/her workplace===
	{{POV-section|date=November 2009}}
	Any H-1B worker essentially has the following weakness{{Citation needed|date=November 2009}}: his ability to remain in U.S. is directly linked to his current job. H-1B holders can change jobs only with difficulty{{Citation needed|date=November 2009}}. In some cases, the holders of H-1B visas find their employers have not completely accurately represented the terms of employment; they find themselves in a foreign land with only a limited understanding of the legal system. H-1B workers can be disciplined at any time, by being laid off.
			==== The 2010 Neufeld Memo ====
	==Worker protection and law enforcement==
			On January 8, 2010, United States Citizenship and Immigration Services issued a memorandum stating that there must be a clear employee-employer relationship between the petitioner (employer) and the beneficiary (prospective visa holder). The memorandum outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer's assertion that a valid relationship exists.<ref name= memo-2010-01-08>Neufield, Donald (January 8, 2010). " {{Webarchive|url=https://web.archive.org/web/20180215174359/https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf |date=2018-02-15 }}." ''United States Citizenship and Immigration Services''. United States Department of Homeland Security.</ref><ref name= Seguritan>Seguritan, Reuben S, Esq. (April 29, 2011). "H-1B Employers Must Prove Employer-Employee Relationship". ''The Filipino Express'' (Jersey City, New Jersey). p. 2, 14.</ref>
	For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker must meet or exceed the "prevailing wage" in the area of employment. The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers for the purpose of breaking a strike, or for the purpose of replacing U.S. citizen workers. Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.
			An employer must maintain a valid employee-employer relationship throughout the period of the worker's stay in the United States.<ref name= newmemo>Joseph, George (February 12, 2010). "H-1B: New memo only targets body shops and rogue employers". ''India Abroad'' (New York, New York). p. A18.</ref> The employer must have actual control or the right to control the employee and to be able to decide when, where, and how the employee will be employed and performs work.<ref name= newmemo/>
	Theoretically, the LCA process appears to offer protection to both U.S. and H-1B workers. However, according to the U.S. General Accounting Office, enforcement limitations and procedural problems render these protections ineffective.<ref></ref> Ultimately, the employer, not the Department of Labor, determines what source it will use to determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations.
			A valid employee-employer relationship typically includes many of the following: supervising the worker on- and off-site; maintaining such supervision through calls, reports, or visits; having a right to control the work on a day-to-day basis if such control is required; providing the worker with the tools and equipment needed for the job; having the ability to hire, pay, and terminate the worker's job; evaluating the worker's products, progress, and performance; provision of some type of employee benefits; allowing the worker to use the employer's proprietary information when performing work; assigning work to the worker that produces an end-product related to the employer's business; and having the ability to control the manner and means in which the worker accomplishes tasks. The memorandum further states that "common law is flexible about how these factors are to be weighed".<ref name= memo-2010-01-08/>
	The law specifically restricts the Department of Labor's approval process of LCAs to checking for "completeness and obvious inaccuracies".<ref>8 USC 1182 (n)</ref>. In FY 2005, only about 800 LCAs were rejected out of over 300,000 submitted. Hire Americans First has posted several hundred first hand accounts of H1-B Visa Harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.<ref name="harm-report"/>
			Third-party placement firms and staffing firms do not qualify for H-1B status because they fail the control test.<ref name= Seguritan/><ref>Joseph, George (January 29, 2010). "Several Indians on H-1B deported on arrival". ''India Abroad'' (New York, New York). p. A20.</ref><ref>Seguritan, Reuben S, Esq. (March 12, 2010). "New changes affecting H-1B petitions". ''The Filipino Express'' (Jersey City, New Jersey). p. 12, 16.</ref>
	Enforcement is substandard and there are reports of abusers surviving INS audits unscathed. <ref name="reddy">{{cite web
	| url = http://programmersguild.org/archives/lib/Reddy/index.htm
			The Tech Serve Alliance filed a lawsuit against implementing the memo. Senator John Cornyn brokered a meeting between a coalition of IT outsourcing firms and USCIS, which stopped the implementation of the Neufeld Memo.<ref>{{Cite web |last=Thibodeau |first=Patrick |date=2011-07-01 |title=Texas senator backs H-1B staffing firms |url=https://www.computerworld.com/article/2509823/texas-senator-backs-h-1b-staffing-firms.html |access-date=2023-04-30 |website=Computerworld |language=en}}</ref>
	| title = The Reddy Case
	| accessdate = 04/02/2010
			==== 2015 H-1B dependent work authorization ====
	| author = Programmer's Guild
			In 2015, the U.S. Department of Homeland Security issued a rule that allowed certain spouses of H-1B workers to be eligible for work authorization.<ref name="rule2015">" {{Webarchive|url=https://web.archive.org/web/20190209124604/https://www.federalregister.gov/documents/2015/02/25/2015-04042/employment-authorization-for-certain-h-4-dependent-spouses |date=2019-02-09 }}". ''United States Department of Homeland Security''. February 25, 2015.</ref><ref name="publishes">Phulwani, Michael, Esq.; Nachman, David H., Esq.; Singh, Rabindra K., Esq. (May 29, 2015). "USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses (Part I)". ''News India-Times''. p. 25.</ref><ref>Kaye, Allen E. (June 19, 2015). "Employment authorization for certain H-4 dependent spouses (Part 2)". ''India Abroad'' (New York, New York). p. A43.</ref><ref>Phulwani, Michael, Esq; Nachman, David H, Esq; Singh, Rabindra K, Esq. (June 12, 2015). "USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouses (Part III)". ''News India-Times''. p. 24.</ref>
	|date=1999-2000
	| publisher = ]
			Under the rule, the H-1B worker must either be the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140) or have H-1B status under the ], as amended by the 21st Century Department of Justice Appropriations Authorization Act, and the spouse must be in the United States with ] status.<ref name= rule2015/><ref>" {{Webarchive|url=https://web.archive.org/web/20190204014441/https://www.law.cornell.edu/topn/21st_century_department_of_justice_appropriations_authorization_act |date=2019-02-04 }}". via Legal Information Institute, Cornell University Law School. November 2, 2002.</ref><ref>Seguritan, Reuben S, Esq. (May 29, 2015). "USCIS Begins Accepting H-4 Work Permit Applications". ''The Filipino Express'' (Jersey City, New Jersey). p. 10, 12.</ref>
	}}</ref>
			The U.S. Department of Homeland Security stated that it issued the rule in order to ease the financial burden that these families may experience as they transition from nonimmigrant to lawfully permanent resident status.<ref name= rule2015/><ref>Madni, Aabru (June 26, 2015). "Eligible H-4 Spouses Can Apply for Employment Authorization Document". ''India-West'' (San Leandro, California). p. A8, A16.</ref> The rule also reduces disincentives for H-1B workers to leave the United States, which disrupts the United States businesses employing these workers.<ref name= rule2015/><ref>Pfeffer, Joel (April 28, 2015). "Work Visas Available for H-1B Spouses". ''Pittsburgh Post-Gazette''. p. D3.</ref>
			==== 2015 work site guidance change ====
			In 2015, United States Citizenship and Immigration Services issued final guidance stating that if an H-1B worker whose work site location changes to a different metropolitan area, its material change that requires the employer to certify a new ] to the Department of Homeland Security. Temporary work site changed do not require a new LCA. Examples include when a H-1B worker attends a training session, a seminar, or a conference of a short duration or when the H-1B worker is temporarily moved to a short-term placement of less than 30 days. If the amended H-1B petition is disapproved but the original petition remains valid, then the H-1B worker retains their H-1B status as long as they return to work at the original work site.<ref>Phulwani, Michael, Esq; Nachman, David H, Esq; Singh, Rabindra K, Esq. (September 11, 2015). "From 'Must' to 'May' on Retroactivity: USCIS Issues Final Guidance on When to Submit an H-1B Amended Petition Under Simeio Solutions". ''News India-Times'' (New York, New York). p. 23.</ref>
			==== 2016 H-1B maximum stay clarification ====
			On December 5, 2016, United States Citizenship and Immigration Services issued a memorandum to provide guidance regarding periods of admissions for an individual in H-1B status. The memorandum stated that time spent as either an ] dependent or an ] dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.<ref name=autogenerated1>Aytes, Michael (December 5, 2006). " {{Webarchive|url=https://web.archive.org/web/20190223010954/https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/Static_Files_Memoranda/periodsofadm120506.pdf |date=2019-02-23 }}." ''United States Citizenship and Immigration Services''. United States Department of Homeland Security.</ref>
			==== 2017 employment termination grace period rule ====
			On November 18, 2017, United States Citizenship and Immigration Services released a rule that affects individuals in H-1B status whose employment ends.<ref>" {{Webarchive|url=https://web.archive.org/web/20170323053145/https://www.uscis.gov/news/news-releases/uscis-publishes-final-rule-certain-employment-based-immigrant-and-nonimmigrant-visa-programs |date=2017-03-23 }}". ''United States Citizenship and Immigration Services''. November 18, 2017.</ref><ref>" {{Webarchive|url=https://web.archive.org/web/20170323053918/https://www.federalregister.gov/documents/2016/11/18/2016-27540/retention-of-eb-1-eb-2-and-eb-3-immigrant-workers-and-program-improvements-affecting-high-skilled |date=2017-03-23 }}". ''United States Department of Homeland Security''. November 18, 2016.</ref> In these cases, the individual has a grace period of 60 days to leave the United States or change to another legal status that allows them to remain in the United States.<ref>Chhaya, Mayank (December 9, 2016). "New Immigration Rules Make H-1B Visa Friendlier". ''India-West'' (San Leandro, California). p. B9.</ref>
			==== 2017 H-4 victims of domestic violence work authorization ====
			In 2005, the ] allowed work authorization for victims of ] who are in H-4 status.<ref>" {{Webarchive|url=https://web.archive.org/web/20180505014222/https://www.congress.gov/bill/109th-congress/house-bill/3402 |date=2018-05-05 }}". ''United States Congress''. January 5, 2006.</ref> On February 17, 2017, United States Citizenship and Immigration Services instituted a process for these victims to apply for work authorization.
			Eligible individuals include current H-1B visa spouses, and individuals whose marriage ended because of ] or extreme cruelty perpetrated by the individual's former spouse.<ref name= i765-v>" {{Webarchive|url=https://web.archive.org/web/20170824185847/https://www.uscis.gov/system/files_force/files/form/i-765vinstr.pdf?download=1 |date=2017-08-24 }}". ''United States Citizenship and Immigration Services''. January 19, 2017.</ref> The individual must also have entered the United States in an H status, must continue to be in H-4 status, and were themselves or their child battered or subjected to extreme cruelty perpetrated by the H-1B spouse.<ref name= i765-v/> The spouse's application must include evidence of the abuse.<ref name= i765-v/>
			Before this policy was implemented, an abused spouse in H-4 status would be required to leave the United States the date the person divorced the abusive spouse.<ref name= i765-v/> The divorced spouse now has a way to legally remain in the United States and legally work in the United States after the divorce is finalized or pending.<ref name= i765-v/> If approved, the authorization is valid for two years.<ref name= i765-v/>
			==== 2017 computer-programming position memo ====
			A memorandum from December 22, 2000, stated that, because most computer-programming positions required a bachelor's degree, computer programming was considered a specialty occupation that qualified for an H-1B visa.<ref>Wolfsdorf, Bernard; Aguirre, Josune; Blanco, Robert. " {{Webarchive|url=https://web.archive.org/web/20190125073334/https://wolfsdorf.com/uscis-announces-radical-new-policy-memo-h-1b-computer-programmers/ |date=2019-01-25 }}". ''Wolfsdorf Rosenthal LLP''.</ref><ref>"USCIS memo aims to resolve H-1B policy disparities". ''India Abroad'' (New York, New York). April 28, 2017. p. 41.</ref> On March 31, 2017, United States Citizenship and Immigration Services released a memorandum stating that computer programming would no longer be automatically considered a specialty occupation, partly because a bachelor's degree was no longer typically required of these positions.<ref>" {{Webarchive|url=https://web.archive.org/web/20180603060957/https://www.uscis.gov/sites/default/files/files/nativedocuments/PM-6002-0142-H-1BComputerRelatedPositionsRecission.pdf |date=June 3, 2018 }}". ''United States Citizenship and Immigration Services''. March 31, 2017.</ref> An application for an H-1B visa for a computer programmer must sufficiently describe the duties and the level of experience and responsibilities of the position in order to demonstrate how the position is a senior, complex, specialized, or unique computer-programming position rather than an entry-level position in order to qualify for an H-1B visa.<ref>Kommineni, Sarah M. (April 4, 2017). " {{Webarchive|url=https://web.archive.org/web/20190125020624/https://www.mintz.com/insights-center/viewpoints/2806/2017-04-h-1b-updates-uscis |date=2019-01-25 }}". ''Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.''</ref><ref>White, Michelle; Lopez, Jorge; Kruk, Ellen (April 3, 2017). " {{Webarchive|url=https://web.archive.org/web/20190125073339/https://www.littler.com/publication-press/publication/uscis-issues-new-guidance-h-1b-work-visas-computer-programmers |date=2019-01-25 }}". ''Littler Mendelson P.C.''</ref>
			In addition, the ] warned employers not to discriminate against U.S. workers by showing a preference for hiring H-1B workers.<ref>Goel, Vindu; Wingfield, Nick (April 3, 2017). "Changes to Tech Worker Visas Are Cosmetic. For Now.]" ''The New York Times''.</ref>
			==== 2017 Buy American, Hire American executive order ====
			On April 18, 2017, President Trump signed an ] that directed federal agencies to implement a "Buy American, Hire American" strategy, a key pledge during the campaign.<ref name="whitehouse_Buy_American">{{cite news|last1=Office of the Press Secretary|url=https://trumpwhitehouse.archives.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american|title=Presidential Executive Order on Presidential Executive Order on Buy American and Hire American|location=]|date=April 18, 2017|access-date=April 20, 2017|via=]|work=]|author1-link=White House Office of the Press Secretary}}</ref><ref>{{Cite news|url=https://money.cnn.com/2017/04/18/technology/h1b-reform/index.html|title=Trump takes first step toward H-1B reform|publisher=CNN tech|author=Sara Ashley O'Brien|date=18 April 2017|access-date=19 April 2017|archive-url=https://web.archive.org/web/20170419041519/http://money.cnn.com/2017/04/18/technology/h1b-reform/index.html|archive-date=19 April 2017|url-status=live}}</ref><ref>{{cite news |last=Phillip |first=Abby |date=April 18, 2017 |title=Trump signs 'Buy American, Hire American' executive order, promising to fight for American workers |newspaper=] |publisher=] |location=] |url=https://www.washingtonpost.com/news/post-politics/wp/2017/04/18/trump-signs-buy-american-hire-american-executive-order-promising-to-fight-for-american-workers/ |url-status=live |access-date=April 20, 2017 |archive-url=https://web.archive.org/web/20170419232149/https://www.washingtonpost.com/news/post-politics/wp/2017/04/18/trump-signs-buy-american-hire-american-executive-order-promising-to-fight-for-american-workers/ |archive-date=April 19, 2017}}</ref> At a press briefing, the executive order directed federal agencies such as the ], ], ], and ] to implement a new system that favors higher-skilled, higher-paid applicants.<ref name="Fortune_H1B">{{Cite news|url=http://fortune.com/2017/04/18/h1b-visa-donald-trump/|title=This Is an H-1B Visa. And Here's How President Trump Wants to Change It|publisher=Fortune|author=Annalyn Kurtz|date=18 April 2017|access-date=19 April 2017|archive-url=https://web.archive.org/web/20170419040629/http://fortune.com/2017/04/18/h1b-visa-donald-trump/|archive-date=19 April 2017|url-status=live}}</ref><ref>{{cite web|title = Background Briefing on Buy American, Hire American Executive Order|url = https://www.whitehouse.gov/the-press-office/2017/04/17/background-briefing-buy-american-hire-american-executive-order|website = The White House Office of the Press Secretary|access-date = 19 April 2017|archive-url = https://web.archive.org/web/20170419013456/https://www.whitehouse.gov/the-press-office/2017/04/17/background-briefing-buy-american-hire-american-executive-order|archive-date = 19 April 2017|url-status = dead}}</ref><ref name="theguardian_EO_Hire_American">{{cite news |title=Buy American, Hire American |url=https://www.theguardian.com/commentisfree/2017/apr/20/h-1b-visas-trump-opposes-immigration-executive-order |newspaper=The Guardian |date=April 20, 2017 |access-date=April 20, 2017 |author=Michael Paarlberg |archive-url=https://web.archive.org/web/20170420234919/https://www.theguardian.com/commentisfree/2017/apr/20/h-1b-visas-trump-opposes-immigration-executive-order |archive-date=April 20, 2017 |url-status=live }}</ref> The executive order is intended to order federal agencies to review and propose reforms to the H-1B visa system.<ref>{{cite news|url=http://www.cnn.com/2017/04/17/politics/trump-wisconsin-buy-american/|title=Trump pushes 'Buy American, Hire American' policy in Wisconsin|first=Jeremy|last=Diamond|work=]|publisher=] (])|location=]|date=April 18, 2017|access-date=April 20, 2017|archive-url=https://web.archive.org/web/20170419225732/http://www.cnn.com/2017/04/17/politics/trump-wisconsin-buy-american/|archive-date=April 19, 2017|url-status=live}}</ref> Furthermore, these departments will "fill in the details with reports and recommendations about what the administration can legally do."<ref>{{cite news |last=Korte |first=Gregory |date=April 17, 2017 |title=Trump to sign 'Buy American, Hire American' executive order |work=] |publisher=] |location=] |url=https://www.usatoday.com/story/news/politics/2017/04/17/trump-sign-buy-american-hire-american-executive-order/100582276/ |url-status=live |access-date=April 20, 2017 |archive-url=https://web.archive.org/web/20170419194407/https://www.usatoday.com/story/news/politics/2017/04/17/trump-sign-buy-american-hire-american-executive-order/100582276/ |archive-date=April 19, 2017}}</ref> Trump stated that the executive would "end the theft of American prosperity," which he said had been brought on by low-wage immigrant labor.<ref>{{cite news|url=https://www.nytimes.com/2017/04/18/us/politics/executive-order-hire-buy-american-h1b-visa-trump.html?_r=0|title=Trump Signs Order That Could Lead to Curbs on Foreign Workers|first1=Glenn|last1=Thrush|first2=Nick|last2=Wingfield|first3=Vindu|last3=Goel|work=]|location=]|date=April 18, 2017|access-date=April 20, 2017|archive-url=https://web.archive.org/web/20170629150302/https://www.nytimes.com/2017/04/18/us/politics/executive-order-hire-buy-american-h1b-visa-trump.html?_r=0|archive-date=June 29, 2017|url-status=live}}</ref>
			On January 9, 2018, the ] said that it was not considering any proposal that would force H-1B visa holders to leave the United States during the ] process.<ref name= hatmaker>Hatmaker, Taylor (January 9, 2018). " {{Webarchive|url=https://web.archive.org/web/20180113093347/https://techcrunch.com/2018/01/09/h-1b-visa-extension-green-card-policy-change-uscis/?ncid=rss |date=2018-01-13 }}." ''TechCrunch Network''. ].</ref> USCIS said an employer could request extensions in one-year increments under section 106(a)–(b) of the ] instead.<ref>{{cite web|url=https://www.bloombergquint.com/politics/2018/01/09/h-1b-relief-for-indian-workers-us-says-no-change-in-h-1b-extension-policy|title=H-1B Relief For Indian Workers, U.S. Says No Change In H-1B Extension Policy|website=bloombergquint.com/|date=9 January 2018 |archive-url=https://web.archive.org/web/20180109181712/https://www.bloombergquint.com/politics/2018/01/09/h-1b-relief-for-indian-workers-us-says-no-change-in-h-1b-extension-policy|archive-date=2018-01-09|url-status=live}}</ref><ref name= hatmaker/>
			==== 2018 extension rejection rule ====
			On June 28, 2018, the ] announced that, when a person's request for a visa extension is rejected, the person will be deported from the United States.<ref>{{Cite news|url=https://www.businesstoday.in/current/economy-politics/h1b-visa-holders-uscis-rule-us-deport-foreign-nationals-visa-extension/story/280280.html|title=Big blow for H1-B holders! New rule makes it easy for US to deport foreign nationals if visa extension gets rejected|date=July 14, 2018|work=Business Today|archive-url=https://web.archive.org/web/20180715181804/https://www.businesstoday.in/current/economy-politics/h1b-visa-holders-uscis-rule-us-deport-foreign-nationals-visa-extension/story/280280.html|archive-date=July 15, 2018|url-status=live}}</ref> The Trump administration said they are not considering any proposal that would force H-1B visa holders to leave the country.<ref> {{Webarchive|url=https://web.archive.org/web/20180109114014/http://www.businesstoday.in/current/world/h1b-visa-donald-trump-green-card-united-states-india-jobs-nasscom-us-work-visa/story/267583.html |date=2018-01-09 }}, ], Retrieved January 9, 2018.</ref>
			==== 2020 H-1B entry suspension ====
			On April 22, 2020, President ] signed a presidential proclamation that temporarily suspended the entry of people with non-immigrant visas, including H-1B visas.<ref>"". ''The White House''. April 22, 2020.</ref> On June 22, 2020, President Trump extended the suspension for H-1B visa holders until December 31, 2020.<ref>"". ''The White House''. June 22, 2020.</ref><ref>{{cite web|url=https://www.livemint.com/news/india/h1b-visa-trump-extends-bans-until-march-31-indian-it-professionals-to-be-hit-11609475845487.html|title=H-1B visa: Trump extends bans until March 31, Indian IT professionals to be hit|date=January 2021 |access-date=1 January 2021|publisher=Livemint}}</ref> On December 31, 2020, President Trump issued a presidential proclamation extending the suspension of entry until March 31, 2021, because they would pose "a risk of displacing and disadvantaging United States workers during the economic recovery following the ] outbreak".<ref>"". ''The White House''. December 31, 2020.</ref>
			==== 2020 H-1B lottery rule ====
			On October 28, 2020, a new rule to reform the H-1B lottery by prioritizing workers with the highest wage was approved.<ref>{{Cite web |title=DHS Rule |url=https://www.dhs.gov/sites/default/files/publications/20_1028_uscis_h-1b-registration-selection-by-wage-levels-nprm-508.pdf }}</ref>
			==== 2021 H-1B entry suspension expiration ====
			President ] allowed the suspension to expire on March 31, 2021, which allowed H-1B visa holders to enter the U.S. beginning on April 1, 2021.<ref>Golden, Ryan (April 5, 2021). "". ''HRDive''.</ref>
			=== General history ===
			==== 2015 spotlight on H-1B visas ====
			There was extensive reporting in 2015 on problems with the existing H-1B visa programs. Journalists reported that many prominent companies such as Disney and Southern California Edison were replacing American workers using the H-1B visa program. Disney used H-1B outsourcing firm Cognizant to replace its American IT workers. The company required these workers to train their replacements in order to receive severance.<ref>{{cite news |last1=Preston |first1=Julia |title=Pink Slips at Disney. But First, Training Foreign Replacements. |url=https://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html |work=The New York Times |date=3 June 2015 }}</ref>
			In an editorial published in June 2015, the editorial board of '']'' stated that loopholes and lax enforcement of the H-1B visa program has resulted in exploitation of both visa holders and American workers.<ref name="NYT61515">{{cite news |author1=The Editorial Board of The New York Times |date=June 15, 2015 |title=Workers Betrayed by Visa Loopholes |work=The New York Times |format=editorial |url=https://www.nytimes.com/2015/06/15/opinion/workers-betrayed-by-visa-loopholes.html |url-status=live |access-date=June 16, 2015 |archive-url=https://web.archive.org/web/20150615174827/http://www.nytimes.com/2015/06/15/opinion/workers-betrayed-by-visa-loopholes.html |archive-date=June 15, 2015}}</ref>
			In June 2015, ten ] requested the ] to open an investigation of outsourcing of technical tasks by ] to ] and ], then laying off 500 technology workers.<ref>Thibodeau, Patrick (April 9, 2015). " {{Webarchive|url=https://web.archive.org/web/20181214065146/https://www.computerworld.com/article/2908124/it-outsourcing/10-us-senators-seek-investigation-into-h-1b-driven-layoffs.html|date=2018-12-14}}". ''Computerworld''.</ref><ref name="NYT61115">Preston, Julia (June 11, 2015). " {{Webarchive|url=https://web.archive.org/web/20180305063903/https://www.nytimes.com/2015/06/12/us/politics/outsourcing-companies-under-scrutiny-over-visas-for-technology-workers.html|date=2018-03-05}}". ''The New York Times''. Retrieved June 12, 2015.</ref> After a ten-month investigation, the U.S. Department of Labor determined that no charges should be filed against any of the firms.<ref>Thibodeau, Patrick (April 24, 2015). " {{Webarchive|url=https://web.archive.org/web/20181214071254/https://www.computerworld.com/article/2914840/it-outsourcing/labor-department-says-it-cant-investigate-so-cal-edisons-h-1b-use.html|date=2018-12-14}}". ''Computerworld''.</ref><ref>Thibodeau, Patrick (February 20, 2016). " {{Webarchive|url=https://web.archive.org/web/20181214065906/https://www.computerworld.com/article/3035145/it-careers/doj-ends-probe-of-utility-over-it-replacements-no-charges-filed.html|date=2018-12-14}}". ''Computerworld''.</ref>
			In 2015 and 2016, the Senate Judiciary Committee held hearings on problems with the H-1B visa. On March 17, 2015, Chairman Chuck Grassley of the Senate Judiciary Committee held a hearing on "Immigration Reforms Needed to Protect Skilled American Workers".<ref>{{Cite web |title=Immigration Reforms Needed to Protect Skilled American Workers {{!}} United States Senate Committee on the Judiciary |url=https://www.judiciary.senate.gov/committee-activity/hearings/immigration-reforms-needed-to-protect-skilled-american-workers |access-date=2023-05-03 |website=www.judiciary.senate.gov |date=17 March 2015 |language=en}}</ref><ref name="judiciary.senate.gov03">{{cite web |date=March 17, 2015 |title=Immigration Reforms Needed to Protect Skilled American Workers |url=http://www.judiciary.senate.gov/meetings/immigration-reforms-needed-to-protect-skilled-american-workers |url-status=live |archive-url=https://web.archive.org/web/20150601091334/http://www.judiciary.senate.gov/meetings/immigration-reforms-needed-to-protect-skilled-american-workers |archive-date=June 1, 2015 |access-date=June 7, 2015 |website=judiciary.senate.gov |publisher=United States Senate Committee on the Judiciary}}</ref><ref name="cspan031715">{{cite web |date=March 17, 2015 |title=Immigration Reforms Needed to Protect Skilled American Workers |url=http://www.c-span.org/video/?104517-1/immigration-reforms-needed-protect-skilled-american-workers |url-status=live |archive-url=https://web.archive.org/web/20150623024808/http://www.c-span.org/video/?104517-1%2Fimmigration-reforms-needed-protect-skilled-american-workers |archive-date=June 23, 2015 |access-date=June 7, 2015 |website=c-span.org |publisher=C-Span |format=video}}</ref> On February 25, 2016, Immigration Subcommittee Chairman Jeff Sessions held a hearing on "The Impact of "High-Skilled" Immigration on U.S. Workers.<ref>{{Cite web |last=Miano |first=John |date=2016-02-24 |title=The Impact of "High-Skilled" Immigration on U.S. Workers |url=https://cis.org/Testimony/Impact-HighSkilled-Immigration-US-Workers |access-date=2023-05-03 |website=CIS.org |language=English}}</ref><ref>{{Cite web |title=The Impact of High-Skilled Immigration on U.S. Workers {{!}} United States Senate Committee on the Judiciary |url=https://www.judiciary.senate.gov/committee-activity/hearings/the-impact-of-high-skilled-immigration-on-us-workers |access-date=2023-05-03 |website=www.judiciary.senate.gov |date=25 February 2016 |language=en}}</ref> These hearings' witnesses included AFL-CIO President Richard Trumka, Howard University Associate Professor Ron Hira, American Immigration Council Benjamin Johnson, Washington Alliance of Technology Workers Attorney John Miano, former Disney IT Engineer Leo Perrero, Colgate University Associate Professor of Economics Chad Sparber, and Rutgers University Professor Hal Salzman.
			Senator ] of Iowa, chairman of the committee commented on the H-1B visa during the March 17th hearing:
			{{blockquote|The program was intended to serve employers who could not find the skilled workers they needed in the United States. Most people believe that employers are supposed to recruit Americans before they petition for an H-1B worker. Yet, under the law, most employers are not required to prove to the Department of Labor that they tried to find an American to fill the job first. And, if there is an equally or even better qualified U.S. worker available, the company does not have to offer him or her the job. Over the years the program has become a government-assisted way for employers to bring in cheaper foreign labor, and now it appears these foreign workers take over – rather than complement – the U.S. workforce.<ref name=SJCGrassley>{{cite web|author1=Chuck Grassley|title=Prepared Statement by Senator Chuck Grassley of Iowa Chairman, Senate Judiciary Committee At a hearing entitled: "Immigration Reforms Needed to Protect Skilled American Workers"|url=http://www.judiciary.senate.gov/imo/media/doc/03-17-15%20Grassley%20Statement1.pdf|website=judiciary.senate.gov|publisher=Senate Judiciary Committee|access-date=June 7, 2015|date=March 17, 2015|archive-url=https://web.archive.org/web/20150623025446/http://www.judiciary.senate.gov/imo/media/doc/03-17-15%20Grassley%20Statement1.pdf|archive-date=June 23, 2015|url-status=live}}</ref>}}
			==== 2016 election policy issue ====
			{{further|#Proposed reform in 2017 and 2018}}
			The H-1B visa became an issue in the 2016 United States presidential election. According to ''Computerworld'', candidate ] took a stance to "pause" and re-write the H-1B system.<ref name="CW2016">{{cite news |author=Patrick Thibodeau |date=July 17, 2016 |title=The H-1B positions of Clinton and Trump: Where the two candidates stand on tech-related immigration |work=Computerworld |url=http://www.computerworld.com/article/3096103/it-careers/the-h-1b-positions-of-clinton-and-trump.html |url-status=live |access-date=August 18, 2016 |archive-url=https://web.archive.org/web/20160820021949/http://www.computerworld.com/article/3096103/it-careers/the-h-1b-positions-of-clinton-and-trump.html |archive-date=August 20, 2016}}</ref> Additionally, he invited guest speakers to raise awareness of the hundreds of IT workers displaced by H-1B guest workers during his rallies. Candidate Donald Trump stated his policy position and solution on H-1Bs in his campaign website on immigration policy:
			{{Blockquote
			|text= "'''Increase prevailing wage for H-1Bs.'''
			We graduate two times more Americans with STEM degrees each year than find STEM jobs, yet as much as two-thirds of entry-level hiring for IT jobs is accomplished through the H-1B program. More than half of H-1B visas are issued for the program's lowest allowable wage level, and more than eighty percent for its bottom two. Raising the prevailing wage paid to H-1Bs will force companies to give these coveted entry-level jobs to the existing domestic pool of unemployed native and immigrant workers in the U.S., instead of flying in cheaper workers from overseas. This will improve the number of black, Hispanic and female workers in Silicon Valley who have been passed over in favor of the H-1B program. Mark Zuckerberg’s personal Senator, Marco Rubio, has a bill to triple H-1Bs that would decimate women and minorities.
			'''Requirement to hire American workers first.'''
			Too many visas, like the H-1B, have no such requirement. In the year 2015, with 92 million Americans outside the workforce and incomes collapsing, we need companies to hire from the domestic pool of unemployed. Petitions for workers should be mailed to the unemployment office, not USCIS."<ref>{{Cite web |date=2016-03-01 |title=Immigration Reform {{!}} Donald J Trump for President |url=https://www.donaldjtrump.com/positions/immigration-reform |access-date=2023-05-07 |archive-url=https://web.archive.org/web/20160301080101/https://www.donaldjtrump.com/positions/immigration-reform |archive-date=2016-03-01 }}</ref>}}
			Candidate Hillary Clinton spoke negatively of H-1B workers being hired because they are less expensive and since they are reliant on the employer, more likely to be compliant during abuse. Clinton said that she was unlikely to consider the H-1B system individually and only would look towards reforms as part of a comprehensive immigration reform.<ref name="CW2016" />
			Presidential candidate ] opposed guest worker programs<ref name="Jamieson 2013">{{cite web |last=Jamieson |first=Dave |date=June 19, 2013 |title=Senator Sounds Alarm On Teen Unemployment |url=https://www.huffingtonpost.com/2013/06/19/bernie-sanders-immigration-reform_n_3467243.html |url-status=live |archive-url=https://web.archive.org/web/20150617061302/http://www.huffingtonpost.com/2013/06/19/bernie-sanders-immigration-reform_n_3467243.html |archive-date=June 17, 2015 |access-date=June 15, 2015 |website=The Huffington Post |df=mdy-all}}</ref> and was also skeptical about skilled immigrant (]) visas, saying, "Last year, the top 10 employers of H-1B guest workers were all offshore outsourcing companies. These firms are responsible for shipping large numbers of American information technology jobs to India and other countries."<ref name="Thibodeau 2015">{{cite web |last=Thibodeau |first=Patrick |date=May 1, 2015 |title=Meet Bernie Sanders, H-1B skeptic |url=http://www.computerworld.com/article/2916827/it-outsourcing/bernie-sanders-h-1b-skeptic.html |url-status=live |archive-url=https://web.archive.org/web/20150617062258/http://www.computerworld.com/article/2916827/it-outsourcing/bernie-sanders-h-1b-skeptic.html |archive-date=June 17, 2015 |access-date=June 15, 2015 |website=Computerworld |df=mdy-all}}</ref> In an interview with ''Vox'' he stated his opposition to an open borders immigration policy, describing it as:
			<blockquote>...a right-wing proposal, which says essentially there is no United States...you're doing away with the concept of a nation-state. What right-wing people in this country would love is an open-border policy. Bring in all kinds of people, work for $2 or $3 an hour, that would be great for them. I don't believe in that. I think we have to raise wages in this country, I think we have to do everything we can to create millions of jobs.<ref>{{cite web |last=Bier |first=Daniel |date=30 July 2015 |title=Bernie Sanders on Immigrants: Silly, Tribal and Economically Illiterate |url=http://www.newsweek.com/bernie-sanders-immigrants-silly-tribal-and-economically-illiterate-358369 |url-status=live |archive-url=https://web.archive.org/web/20160726161507/http://www.newsweek.com/bernie-sanders-immigrants-silly-tribal-and-economically-illiterate-358369 |archive-date=July 26, 2016 |access-date=2016-07-27 |publisher=Newsweek.com |df=mdy-all}}</ref><ref>{{cite web |author=Cory Massimino |date=3 August 2015 |title=Bernie Sanders is wrong on open borders; they'd help boost the economy - Cory Massimino |url=https://www.theguardian.com/commentisfree/2015/aug/03/bernie-sanders-open-borders-economy |url-status=live |archive-url=https://web.archive.org/web/20170409205750/https://www.theguardian.com/commentisfree/2015/aug/03/bernie-sanders-open-borders-economy |archive-date=April 9, 2017 |work=The Guardian |df=mdy-all}}</ref></blockquote>
			==== 2019 H-1B data ====
			In 2019, USCIS unveiled a H-1B employer data hub which provides information on employee H-1B visa petitions starting from fiscal year 2009.<ref>{{Cite web |date=2019-04-01 |title=USCIS Launches H-1B Employer Data Hub {{!}} USCIS |url=https://www.uscis.gov/archive/uscis-launches-h-1b-employer-data-hub |access-date=2023-04-30 |website=www.uscis.gov |language=en}}</ref>
			In 2019, the USCIS Office of Policy and Strategy released the latest population estimate of H-1B visa workers in the United States. As of September 30, 2019, there were 583,420 people authorized to work on an H-1B visa. First, the agency estimated the number of approved H-1B petitions. The estimated number of approved unique beneficiaries numbered 619,327 people. USCIS estimated the number of foreign nationals denied by the State Department subtracting 2,100 visas. Furthermore, USCIS subtracted out the number of H-1B workers who adjusted to legal permanent residency status (estimated at 32,332) and those who requested another non-immigration status (estimated at 1,475).<ref>{{Cite web |title=USCIS Population Estimate |url=https://www.uscis.gov/sites/default/files/document/reports/USCIS%20H-1B%20Authorized%20to%20Work%20Report.pdf}}</ref>
			==== 2021 electronic registration system ====
			In 2021, USCIS rolled out its first electronic registration system for the H-1B lottery.<ref>{{Cite web |url=https://public.tableau.com/app/profile/chris.yates/viz/h1-bvisas/H-1BVisaRequestsJumpByMoreThanAThird |access-date=2023-04-30 |website=public.tableau.com|author=Chris Yates|title=h1-b visas}}{{self-published inline|date=May 2023}}</ref>
			==Economic impact==
			There is a divide between economists and academics about the impact H-1B visas have on innovation, the effect on U.S. workers, and overall benefits to the U.S. economy.
			Studies have shown that H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater ] growth.<ref>{{cite journal |last1=Peri |first1=Giovanni |last2=Shih |first2=Kevin |last3=Sparber |first3=Chad |title=STEM Workers, H-1B Visas, and Productivity in US Cities |journal=Journal of Labor Economics |date=July 2015 |volume=33 |issue=S1 |pages=S225–S255 |doi=10.1086/679061 |s2cid=12273794 |url=http://www.norface-migration.org/publ_uploads/NDP_09_13.pdf }}</ref><ref name=":0">{{cite book |doi=10.7208/chicago/9780226525662.003.0005 |chapter=High-Skilled Immigration, STEM Employment, and Non-Routine-Biased Technical Change |title=High-Skilled Migration to the United States and Its Economic Consequences |year=2018 |pages=177–204 |isbn=978-0-226-52552-5 |chapter-url=http://www.nber.org/papers/w23185.pdf }}</ref><ref>{{cite journal |last1=Kerr |first1=William R. |last2=Lincoln |first2=William F. |title=The Supply Side of Innovation: H-1B Visa Reforms and U.S. Ethnic Invention |journal=Journal of Labor Economics |date=July 2010 |volume=28 |issue=3 |pages=473–508 |doi=10.1086/651934 |s2cid=220937190 |url=http://www.nber.org/papers/w15768.pdf }}</ref><ref name=":1">{{cite journal |last1=Chen |first1=Jun |last2=Hshieh |first2=Shenje |last3=Zhang |first3=Feng |title=The role of high-skilled foreign labor in startup performance: Evidence from two natural experiments |journal=Journal of Financial Economics |date=October 2021 |volume=142 |issue=1 |pages=430–452 |doi=10.1016/j.jfineco.2021.05.042 |s2cid=236422190 }}</ref> H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies.<ref name=":0" /> A study found that H-1B visa holders have been associated with greater innovation and economic performance.<ref name=":1" />
			Meanwhile, other studies have shown the exact opposite. A National Bureau of Economic Research (NBER) paper concluded that firms who received H-1B visas do not necessarily innovate or grow faster, nor patent more than firms who do not.<ref>{{Cite web |last1=Doran |first1=Kirk |last2=Gelber |first2=Alexander |last3=Isen |first3=Adam |date=2014 |title=The Effects of High-Skilled Immigration Policy on Firms: Evidence from Visa Lotteries |url=https://www.nber.org/system/files/working_papers/w20668/w20668.pdf}}</ref>
			Economists have also found that H-1B visas lead to lower wages and employment for competing U.S. workers. A paper by ] for the ] found that "a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent."<ref>{{cite book |last=Borjas |first=George |title=Science and Engineering Careers in the United States: An Analysis of Markets and Employment |publisher=University of Chicago Press |year=2009 |isbn=978-0-226-26189-8 |editor1-last=Freeman |editor1-first=Richard B. |location=Chicago |pages=131–161 |chapter=Immigration in High-Skill Labor Markets: The Impact of Foreign Students on the Earnings of Doctorates |editor2-last=Goroff |editor2-first=Daniel}}</ref>
			A 2016 study found that H-1B visas kept wages for U.S. computer scientists 2.6% to 5.1% lower, and employment in computer science for U.S. workers 6.1% to 10.8% lower, but resulted in greater production efficiency, lowered the prices of IT products, raised the output of IT products and caused substantially higher profits for IT firms.<ref>{{cite web |title=Understanding the Economic Impact of the H-1B Program on the U.S. |url=https://www.nber.org/chapters/c13842.pdf |url-status=live |archive-url=https://web.archive.org/web/20180113103044/http://www.nber.org/chapters/c13842.pdf |archive-date=2018-01-13}}</ref>
			The same study also found that for every 100 foreign computer science workers who enter the U.S., they crowd out 33 to 61 domestic computer science workers.<ref name=":0" />
			==Criticism==
			=== Corporate welfare ===
			{{Further|Corporate welfare}}
			Critics of the H-1B visa program say it is a government labor subsidy for corporations. Paul Donnelly, in a 2002 article in '']'', cited ] as stating that the H-1B program acts as a subsidy for corporations.<ref>{{Cite web |title=H-1B Is Just Another Gov't. Subsidy |url=http://www.computerworld.com/careertopics/careers/labor/story/0,10801,72848,00.html |url-status=live |archive-url=https://web.archive.org/web/20060112133403/http://www.computerworld.com/careertopics/careers/labor/story/0,10801,72848,00.html |archive-date=2006-01-12 |access-date=2006-01-25}}</ref> Others holding this view include ], who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject.<ref>{{cite web |title=Norm Matloff's H-1B Web Page: cheap labor, age discrimination, offshoring |url=http://heather.cs.ucdavis.edu/h1b.html |url-status=live |archive-url=https://web.archive.org/web/20150107032945/http://heather.cs.ucdavis.edu/h1b.html |archive-date=2015-01-07 |access-date=2015-01-07}}</ref>
			Professor Matloff describes four types of labor savings for corporations and employers.<ref name=":5">{{Cite web |last=Matloff |first=Norman |date=April 26, 2003 |title=Reform of the H-1B Work Visa: Major Points |url=https://www.cs.ucdavis.edu/~matloff/H1BSummary.pdf}}</ref>
			* Type I labor savings is where employers pay H-1Bs less than similarly qualified American workers.
			* Type II labor savings are where employers hire younger H-1Bs in lieu of older and more expensive American workers.
			* Type III labor savings are where employers force H-1B workers to work longer hours.
			* Type IV labor savings are when the oversaturation of H-1B workers suppresses wages in the labor market.
			American technology companies are claimed to benefit most from Type II labor savings, where these firms hire a 25-year-old H-1B worker instead of a 50-year-old American programmer.{{citation needed|date=December 2024}}
			===No labor shortage===
			Academic researchers have found no ] in STEM, undercutting the primary reason for the H-1B visa's existence.
			In 2022, Howard University public policy professor Ron Hira found there was no shortage in STEM due to stagnant wages in IT and a seven percent decline in real wages for engineers.<ref>{{Cite web |last=Hira |first=Ron |date=2022-08-08 |title=Is There Really a STEM Workforce Shortage? |url=https://issues.org/stem-workforce-shortage-data-hira/ |access-date=2023-04-29 |website=Issues in Science and Technology |language=en-US}}</ref> In the past, he has called the IT talent shortage "imaginary,"<ref>{{cite web |author1=Ron Hira |author2=Paula Stephan |display-authors=etal |date=27 July 2014 |title=Bill Gates' tech worker fantasy |url=https://www.usatoday.com/story/opinion/2014/07/27/bill-gates-tech-worker-wages-reforms-employment-column/13243305/ |url-status=live |archive-url=https://web.archive.org/web/20171103042451/https://www.usatoday.com/story/opinion/2014/07/27/bill-gates-tech-worker-wages-reforms-employment-column/13243305/ |archive-date=3 November 2017 |access-date=1 November 2017 |publisher=USAtoday}}</ref> a front for companies that want to hire cheaper foreign guest workers.
			Studies from Rutgers University professor Hal Salzman, and co-authors B. Lindsay Lowell and Daniel Kuehn, have concluded that the U.S. has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields.<ref name=":8">{{Cite web |title=Guestworkers in the high-skill U.S. labor market: An analysis of supply, employment, and wage trends |url=https://www.epi.org/publication/bp359-guestworkers-high-skill-labor-market-analysis/ |access-date=2023-04-29 |website=Economic Policy Institute |language=en-US}}</ref><ref>{{Cite web |last=Salzman |first=Hal |date=2013-07-01 |title=What Shortages? The Real Evidence About the STEM Workforce |url=https://issues.org/what-shortages-the-real-evidence-about-the-stem-workforce/ |access-date=2023-04-29 |website=Issues in Science and Technology |language=en-US}}</ref>
			A 2012 IEEE announcement of a conference on STEM education funding and job markets stated "only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do."<ref>{{cite web |date=8 June 2012 |title=STEM Education Funding in the U.S. - Is More or Less Needed? |url=https://spectrum.ieee.org/stem-education-in-the-us-is-more-or-less-needed |url-status=live |archive-url=https://web.archive.org/web/20120630033643/https://spectrum.ieee.org/riskfactor/at-work/education/stem-education-in-the-us-is-more-or-less-needed |archive-date=2012-06-30 |access-date=2012-06-29}}</ref>
			Rutgers University Public Policy Professor Hal Salzman points to simultaneous industry layoffs, when industry claims labor shortage. In his Senate Judiciary testimony, he states that between 2006 and 2016, the IT industry (the predominant user of the H-1B visa) laid off on average 97,000 workers per year, more than the number of 74,000 H-1B workers brought for the IT industry.<ref>{{Cite web |title=Congressional Testimony: The Impact of High-Skill Guestworker Programs and the STEM Workforce |url=https://www.epi.org/publication/congressional-testimony-the-impact-of-high-skill-guestworker-programs-and-the-stem-workforce-2/ |access-date=2023-05-06 |website=Economic Policy Institute |language=en-US}}</ref>
			UC Davis Professor Norman Matloff's ''University of Michigan Journal of Law Reform'' paper claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address ]s was erroneous.<ref>{{Cite web |url=http://heather.cs.ucdavis.edu/Mich.pdf |title=Om the Need for Reform of the H-1B Non-Immigrant Work Visa in Computer Related Occupations |access-date=2009-02-25 |archive-url=https://web.archive.org/web/20090326135250/http://heather.cs.ucdavis.edu/Mich.pdf |archive-date=2009-03-26 |url-status=live }}</ref>
			The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness.<ref>{{Cite web |url=http://www.gao.gov/archive/2000/he00157.pdf |title=GAO Report on H-1B Foreign Workers |access-date=2008-03-01 |archive-url=https://web.archive.org/web/20150924020849/http://www.gao.gov/archive/2000/he00157.pdf |archive-date=2015-09-24 |url-status=dead }}</ref> The GAO report's recommendations were subsequently implemented.
			High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The ] (AILA), described the situation as a crisis, and the situation was reported on by the ], ] and ]. Employers applied pressure on Congress.<ref name="WSJ">{{cite news|url=https://blogs.wsj.com/washwire/2007/03/28/visa-window-opens-scramble-is-about-to-begin/|title=Visa Window Opens; Scramble Is About to Begin|work=WSJ|date=28 March 2007|access-date=2017-08-04|archive-url=https://web.archive.org/web/20180305065339/https://blogs.wsj.com/washwire/2007/03/28/visa-window-opens-scramble-is-about-to-begin/|archive-date=2018-03-05|url-status=live}}</ref> Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on ], "warning of dangers to the U.S. economy if employers can't import skilled workers to fill job gaps."<ref name="WSJ"/> Congress considered a bill to address the claims of shortfall<ref> {{Webarchive|url=https://web.archive.org/web/20110707094759/http://www.aila.com/content/default.aspx?docid=22101 |date=2011-07-07 }}. ''United States Congress'' via American Immigration Lawyers Association.</ref> but in the end did not revise the program.<ref>. ''Thomas.gov''. United States Library of Congress. Retrieved 2008-06-12.</ref>
	In 2009 Federal authorities busted a nationwide H-1B Visa Scam. In October 2008, a USCIS report found that the H-1B program has more than a 20 percent violation rate. <ref name="2008-fraud">{{cite web		According to a study conducted by John Miano and the ], there is no empirical data to support a claim of employee worker shortage.<ref name="2008-cis">{{cite web
	| url = http://www.eweek.com/c/a/IT-Management/Feds-Bust-Nationwide-H1B-Visa-Scam		|url = http://www.cis.org/H1bVisaNumbers
	| title = Feds Bust Nationwide H-1B Visa Scam		|title = H-1B Visa Numbers: No Relationship to Economic Need
	| accessdate = 04/07/2010		|access-date = 2010-04-07
	| author = Roy Mark		|author = John Miano
			|website = Cis.org
	|date=13 Feb 2009
			|date = 2011-06-11
	| publisher = ]
			|publisher = Center for Immigration Studies
			|archive-url = https://web.archive.org/web/20160229013629/http://www.cis.org/H1bVisaNumbers
			|archive-date = 2016-02-29
			|url-status = live
			}}</ref> Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry.<ref name="false-shortages-studies">{{cite web
			|url = http://www.numbersusa.com/content/learn/issues/high-tech-workers/there-no-tech-worker-shortage.html
			|title = There Is No Tech Worker Shortage
			|access-date = 2010-04-07
			|author = Numbers USA
			|year = 2010
			|publisher = Numbers USA
			|archive-url = https://web.archive.org/web/20100412083815/http://www.numbersusa.com/content/learn/issues/high-tech-workers/there-no-tech-worker-shortage.html
			|archive-date = 2010-04-12
			|url-status = dead
			}}</ref> Hire Americans First has also posted hundreds of first hand accounts of H-1B visa harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.<ref name="harm-report">{{cite web
			|url = http://www.hireamericansfirst.org/members/h1b_harm_report.aspx
			|title = H-1B Visa Harm Report
			|access-date = 2010-04-07
			|year = 2010
			|publisher = ]
			|archive-url = https://web.archive.org/web/20080514125639/http://www.hireamericansfirst.org/members/h1b_harm_report.aspx
			|archive-date = 2008-05-14
			|url-status = live
	}}</ref>		}}</ref>
			====Wage depression====
	==Recent changes to U.S. law==
			Wage depression as a result of an increased supply of discounted guest workers is a chronic complaint critics have about the H-1B program. In the 21st century, labor experts have found that guest workers are abundantly available in times of wage decline and weak workforce demand.<ref name=":8" />
	The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the U.S. Department of Labor's PERM system for labor certification erased most of the earlier claimed arguments for H-1B's as indentured servants during the green card process. With PERM, labor certification processing times are now approx 9 months (as of Mar 2010).
			The Economic Policy Institute found that sixty percent of certified H-1B positions were below the local median wage. In Washington D.C, companies hiring a level 1 entry-level H-1B software developer received a discount of 36%, or $41,746. For level II workers, companies received a discount of 18%, or $20,863.<ref>{{Cite web |title=H-1B visas and prevailing wage levels: A majority of H-1B employers—including major U.S. tech firms—use the program to pay migrant workers well below market wages |url=https://www.epi.org/publication/h-1b-visas-and-prevailing-wage-levels/ |access-date=2023-04-30 |website=Economic Policy Institute |language=en-US}}</ref>
	Because of AC21, the H-1B employee is free to change jobs if they have an I-485 application pending for six months and an approved I-140, if the position they are moving to is substantially comparable to their current position. In some cases, if those ] are withdrawn and replaced with PERM applications, processing times will improve, but the person will also lose their favorable ]. In those cases, employers' incentive to attempt to lock in H-1B employees to a job by offering a green card is reduced, because the employer bears the high legal costs and fees associated with labor certification and I-140 processing, but the H-1B employee is still free to change jobs.
			In 2014, The ] annual report indicates that H-1B workers in the field of Computer Science are paid a mean salary of $75,000 annually, almost 25,000 dollars below the average annual income for software developers <ref>{{Cite web |url=https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h-1B-characteristics-report-14.pdf |title=Characteristics of H-1B Specialty Occupation Workers|access-date=2016-11-22 |archive-url=https://web.archive.org/web/20161122040504/https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h-1B-characteristics-report-14.pdf |archive-date=2016-11-22 |url-status=live }}</ref> and studies have found that H-1B workers are paid significantly less than U.S. workers.<ref> {{Webarchive|url=https://web.archive.org/web/20141013000424/http://cis.org/LowSalariesforLowSkills-H1B |date=2014-10-13 }} John M. Miano</ref><ref> {{Webarchive|url=https://web.archive.org/web/20141012012546/http://cis.org/PayScale-H1BWages |date=2014-10-12 }} John M. Miano</ref> It is claimed that the H-1B program is primarily used as a source of cheap labor.<ref name="underpay">{{cite web |author=Programmers Guild |year=2001 |title=How to Underpay H-1B Workers |url=http://programmersguild.org/archives/howtounderpay.htm |url-status=dead |archive-url=https://web.archive.org/web/20091230142400/http://www.programmersguild.org/archives/howtounderpay.htm |archive-date=2009-12-30 |access-date=2010-04-02 |publisher=]}}</ref><ref name="numbersusa">{{cite web |author=NumbersUSA |year=2010 |title=Numbers USA |url=http://www.numbersusa.com/ |url-status=live |archive-url=https://web.archive.org/web/20090901213349/http://numbersusa.com/ |archive-date=2009-09-01 |access-date=2010-04-02 |publisher=]}}</ref><ref name="visa-bailout">{{cite magazine |date=February 18, 2009 |title=H-1B Visa Ban for Bailed-out US Firms is Irrational: Montek |url=http://news.outlookindia.com/item.aspx?654274 |url-status=dead |magazine=] |archive-url=https://web.archive.org/web/20100206063342/http://news.outlookindia.com/item.aspx?654274 |archive-date=February 6, 2010 |access-date=2010-04-02}}</ref><ref name="hira-shortage">{{cite magazine |author=Ron Hira |date=Jan 12, 2008 |title=No, The Tech Skills Shortage Doesn't Exist |url=http://www.informationweek.com/news/global-cio/outsourcing/showArticle.jhtml?articleID=205601556 |url-status=live |magazine=] |archive-url=https://web.archive.org/web/20100206132604/http://www.informationweek.com/news/global-cio/outsourcing/showArticle.jhtml?articleID=205601556 |archive-date=February 6, 2010 |access-date=2010-04-02}}</ref><ref name="lowell">{{cite web |author=B. Lindsay Lowell, Georgetown University |date=October 2007 |title=Into the Eye of the Storm: Assessing the Evidence on Science and Engineering, Education, Quality, and Workforce Demand |url=http://www.urban.org/UploadedPDF/411562_Salzman_Science.pdf |url-status=live |archive-url=https://web.archive.org/web/20100410024254/http://urban.org/UploadedPDF/411562_Salzman_Science.pdf |archive-date=2010-04-10 |access-date=2010-04-02 |publisher=]}}</ref><ref name="lowell2">{{cite web |author1=Vivek Wadhwa |author2=Gary Gereffi |author3=Ben Rissing |author4=Ryan Ong |date=Spring 2007 |title=Where the Engineers Are |url=http://www.issues.org/23.3/wadhwa.html |url-status=live |archive-url=https://web.archive.org/web/20100317043752/http://www.issues.org/23.3/wadhwa.html |archive-date=2010-03-17 |access-date=2010-04-02 |publisher=]}}</ref><ref name="laplante">{{cite magazine |author=Alice LaPlante |date=July 14, 2007 |title=To H-1B Or Not To H-1B? |url=http://www.informationweek.com/to-h-1b-or-not-to-h-1b/d/d-id/1056918?page_number=3 |magazine=InformationWeek |archive-url=https://web.archive.org/web/20160420192528/http://www.informationweek.com/to-h-1b-or-not-to-h-1b/d/d-id/1056918?page_number=3 |archive-date=20 April 2016 |access-date=13 February 2016}}</ref>
	However, many people are ineligible to file I-485 at the current time due to the widespread retrogression in priority dates. Thus, they may well still be stuck with their sponsoring employer for many years. There are also many old ] cases pending under pre-PERM rules.
			==== Prevailing wage loopholes ====
	On May 25, 2006 the U.S. Senate passed immigration bill 2611, which contained several increases in the number of H-1B visas, including:
			The ] (LCA) included in the H-1B petition is supposed to ensure that H-1B workers are paid the ] in the labor market, or the employer's actual average wage (whichever is higher), but evidence exists that some employers get around these provisions and avoid paying the actual prevailing wage despite stiff penalties for abusers.<ref> {{Webarchive|url=https://web.archive.org/web/20110627231251/http://www.millerjohnson.com/pubs/xprPubDetail.aspx?xpST=PubDetail&pub=1406 |date=2011-06-27 }}, ''millerjohnson.com''.</ref>
	#raising the base quota from 65,000 to 115,000,
	#Automatically increasing the base quota by 20% whenever it is reached with no provision for lowering it,
	#Adding 6,800 visas for trade agreements separate from the base quota,
	#Adding 20,000 visas for those with foreign graduate degrees,
	#Raising from 20,000 to unlimited the number of visas for those with U.S. graduate degrees, and
	#Making visas to non-profit organizations exempt from the quota.<ref></ref><ref></ref><ref></ref>
	However, as the House refused to consider the measure, it died in conference and no H-1B increase was approved in time for the elections.
			Theoretically, the LCA process appears to offer protection to both U.S. and H-1B workers. However, according to the U.S. General Accounting Office, enforcement limitations and procedural problems render these protections ineffective.<ref name="GAO Report 2000" /> Ultimately, the employer, not the Department of Labor, determines what sources determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations.
	The USCIS has announced that after completing a policy review that it was clarifying that to avoid H-1B quota limits, individuals who spent one year outside of U.S. and did not exhaust their entire six year term can choose to be re-admitted for “remainder” of initial six-year period without being subject to the H-1B cap.<ref name=autogenerated1>USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic Operations, to all Regional Directors and Service Center Directors, dated December 5, 2006</ref>
			The law specifically restricts the Department of Labor's approval process of LCAs to checking for "completeness and obvious inaccuracies."<ref>8 USC 1182 (n)</ref> In FY 2005, only about 800 LCAs were rejected out of over 300,000 submitted. Hire American First has posted several hundred first hand accounts of individuals negatively impacted by the program.<ref name="harm-report"/> According to attorney John Miano, the H-1B prevailing wage requirement is "rife" with loopholes.<ref name="laplante" />
	The USCIS has also announced that after completing a policy review that it was clarifying that “any time spent in H-4 status will not count against the six-year maximum period of admission applicable to H-1B aliens.<ref name=autogenerated1 />
			==== Internal "brain drain" ====
	On May 24, 2007, the Senate considered amendments to the Comprehensive Immigration Reform bill (S. 1348) <ref></ref> including the Sanders Amendment to increase the H-1B Scholarship & Training Fee from $1500 to $8500 (for H-1B employers with more than 25 full time employees). The additional fee was to be used for training and scholarship programs and in addition to other existing fees. Senator Sanders listed the Teamsters Union and the AFL-CIO among supporters of his amendment. Without this amendment, Senator Sanders (I-VT) said, "skilled middle class and upper middle class Americans" would be hurt, and their wages would continue to be suppressed. Just prior to the vote, Senator Sanders announced that he had made changes to his amendment, dropping the fee for H-1B visas from the $8500 he proposed earlier, down to $5000. Following Senator Sanders’ announcement, Senators Kennedy and Specter expressed their support for the bill and the amendment passed by a vote of 59–35<ref></ref>. Compete America, a coalition of U.S. tech companies, reported the passage of the Sanders amendment will "accelerate outsourcing and undermine U.S. economic growth."
			Opponents of the H-1B visa program says that wage depression in STEM causes young American college graduates to stop pursuing these fields.<ref name="Issues">{{Cite web |last=Issues |date=2009-04-01 |title=U.S. Workers in a Global Job Market |url=https://live-issues-asu.pantheonsite.io/hira/ |access-date=2023-04-30 |website=Issues in Science and Technology |language=en-US}}</ref>
			=== Discrimination ===
	The ], which, among other issues, federalizes immigration in the Commonwealth of the Northern Mariana Islands, stipulates that during a transition period, numerical limitations will not apply to otherwise qualified workers in the H visa category in the CNMI and Guam.<ref></ref>
			====Against American citizens ====
			Critics of the H-1B visa program say the program enables Silicon Valley to employ discrimination against U.S. citizens and permanent residents. In 2021, Facebook settled a claim with the Department of Justice that it discriminated against U.S. workers in favor of temporary visa holders. The company paid a $4.75 million civil penalty and set aside $9.5 million for eligible victims.<ref>{{Cite web |last=Feiner |first=Lauren |title=Facebook settles claims it discriminated against U.S. workers for some jobs in favor of temporary visa holders |url=https://www.cnbc.com/2021/10/19/facebook-settles-claims-it-discriminated-against-us-workers-for-jobs.html |access-date=2023-04-30 |website=CNBC |date=19 October 2021 |language=en}}</ref>
			==== Ageism ====
	On Feb. 17, 2009, President Obama signed into law the ] (“stimulus bill”), Public Law 111-5 <ref></ref>. Section 1661 of the ARRA incorporates the Employ American Workers Act (“EAWA”) by Senators Sanders (I-Vt.) and Grassley (R-Iowa) to limit certain banks and other financial institutions from hiring H-1B workers unless they had offered positions to equally- or better-qualified US workers, and to prevent banks from hiring H-1B workers in occupations they had laid off US workers from. These restrictions include:
			Critics of the H-1B visa program say the program enables Silicon Valley to employ ] against older workers.<ref>{{Cite web |last=Thibodeau |first=Patrick |date=2015-09-04 |title=Older IT pros pushed aside by younger H-1B workers |url=https://www.computerworld.com/article/2978948/older-it-pros-pushed-aside-by-younger-h-1b-workers.html |access-date=2023-04-30 |website=Computerworld |language=en}}</ref>
	# The employer must, prior to filing the H-1B petition, take good-faith steps to recruit U.S. workers for the position for which the H-1B worker is sought, offering a wage at least as high as what the law requires for the H-1B worker. The employer must also attest that, in connection with this recruitment, it has offered the job to any U.S. worker who applies who is equally or better qualified for the position.
	# The employer must not have laid off, and will not lay off, any U.S. worker in a job essentially equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.<ref></ref>
			===Wage slavery===
	==Recent Changes to U.S. Policy==
			{{Main|Wage slavery}}
	USCIS (U.S. Citizenship & Immigration Services) recently issued a . The memoranda effectively states that there must be a clear "employee employer relationship" between the petitioner (employer) and the beneficiary (potential Visa holder). It simply outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer's assertion that a valid relationship exists.
			Critics contend that H-1B holders is a modern-day form of high-tech ],<ref>{{cite news |title=Skilled Workers – or Indentured Servants? |work=] |first=Brian |last=Grow |date=June 6, 2003 |url=http://www.businessweek.com/careers/content/jun2003/ca20030610_2638_ca014.htm |access-date=January 28, 2010 |archive-url=https://web.archive.org/web/20081008041446/http://www.businessweek.com/careers/content/jun2003/ca20030610_2638_ca014.htm |archive-date=October 8, 2008 |url-status=dead }}</ref> Guest workers on H-1B visas in the IT sector have limited employer mobility compared to U.S. workers.<ref>{{Cite journal|last1=Depew|first1=Briggs|last2=Norlander|first2=Peter|last3=Sørensen|first3=Todd A.|date=2017-04-01|title=Inter-firm mobility and return migration patterns of skilled guest workers|journal=Journal of Population Economics|language=en|volume=30|issue=2|pages=681–721|doi=10.1007/s00148-016-0607-y|s2cid=157117882|issn=1432-1475|url=http://bus.lsu.edu/McMillin/Working_Papers/pap14_06.pdf}}</ref> Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the ] (permanent residency), H-1B visa holders are an important exception, in that the H-1B is legally acknowledged as a possible step towards a green card under what is called the doctrine of ].
			Some workers who come to the U.S. on H-1B visas receive poor, unfair, and illegal treatment by brokers who place them with jobs in the US, according to a report published in 2014.<ref>{{cite news |last1=Alba |first1=Davey |author-link1=Davey Alba |date=4 Nov 2014 |title=Investigation Reveals Silicon Valley's Abuse of Immigrant Tech Workers |magazine=Wired |url=https://www.wired.com/2014/11/investigation-reveals-silicon-valleys-abuse-immigrant-tech-workers/ |url-status=live |access-date=17 March 2016 |archive-url=https://web.archive.org/web/20160318093627/http://www.wired.com/2014/11/investigation-reveals-silicon-valleys-abuse-immigrant-tech-workers/ |archive-date=18 March 2016}}</ref><ref>{{cite news |author1=Matt Smith |author2=Jennifer Golan |author3=Adithya Sambamurthy |author4=Stephen Stock |author5=Julie Putnam |author6=Amy Pyle |author7=Sheela Kamath |author8=Nikki Frick |date=27 Oct 2014 |title=Job brokers steal wages, entrap Indian tech workers in US |work=The Center for Investigative Reporting, together with NBC Bay Area |url=https://www.revealnews.org/article/job-brokers-steal-wages-entrap-indian-tech-workers-in-us/ |url-status=live |access-date=17 March 2016 |archive-url=https://web.archive.org/web/20160325020529/https://www.revealnews.org/article/job-brokers-steal-wages-entrap-indian-tech-workers-in-us/ |archive-date=25 March 2016}}</ref> The United States ] was passed to help protect the rights of foreign workers in the United States, and the U.S. Department of State distributes pamphlets to inform foreign workers of their rights.<ref>{{cite web |title=Are You Coming To The United States Temporarily to Work or Study? |url=https://www.ciee.org/work-travel-usa/downloads/pamphlet2011-12.pdf |url-status=dead |archive-url=https://web.archive.org/web/20160323185057/https://www.ciee.org/work-travel-usa/downloads/pamphlet2011-12.pdf |archive-date=23 March 2016 |access-date=17 March 2016 |website=ciee.org |publisher=U.S. Department of State}}</ref>
	Some argue that this has effectively "killed the bodyshop industry". While it is clear that the number of Visa petitions granted has declined (or is slower than normal to reach the full quota), it is not clear whether or not this is a result of simple political pressure to put the program on "hold", or a long-term result from real economic realities. The Memoranda gives three clear examples of what is and is NOT considered a valid "employee employer relationship".
			Companies have stolen the wages of H-1B workers. Labor researchers found that HCL stole $95 million from its H-1B visa workers annually.<ref>{{Cite web |title=New evidence of widespread wage theft in the H-1B visa program: Corporate document reveals how tech firms ignore the law and systematically rob migrant workers |url=https://www.epi.org/publication/new-evidence-widespread-wage-theft-in-the-h-1b-program/ |access-date=2023-04-30 |website=Economic Policy Institute |language=en-US}}</ref>
	* an accountant working on and off-site to work
	* a fashion model
	* a computer software engineer working off-site
			Critics say that employers exercise outsized control over H-1B workers since the visa ties the workers to the employer. Additionally, these workers are less likely to complain about poor working conditions for fear of visa revocation and deportation.<ref name=":5" />
	In the case of the software engineer the petitioner (employer) must simply agree to do (some of) the following among others:
	* supervise the beneficiary off-site & on-site
	* maintain such supervision through calls, reports, or visits
	* have a "right" to control the work on a day-to-day basis ''if such control is required''.
	* provide tools for the job
	* hire, pay and have the ability to fire the beneficiary
	* evaluate work products and perform progress/performance reviews
	* claim them for tax purposes
	* provide (some type of) employee benefits
	* use "proprietary information" to perform work
	* produce an end product related to the business
	* have an "ability to" control the manner and means in which the work product is accomplished.
			=== Dual intent ===
	It further states that "common law is flexible" in how these factors are to be weighed.
			Critics of the H-1B visa program say the reason for the backlog for employer-sponsored green cards is in part due to the ] nature of the H-1B visa, allowing a temporary non-immigrant to gain an employer-sponsored green card. The issue critics have with dual intent is that both non-immigrant temporary guest workers and people who do intend to immigrate both are vying for H-1B visas.{{citation needed|date=December 2024}} The law lets foreign nationals waiting for a green card the ability to extend their H-1B visa past the normal six-year limit.<ref>{{Cite web |last=Miano |first=John |date=2017-03-21 |title=Solving the H-1B Green Card Backlog: It's Easy If You Try |url=https://cis.org/miano/solving-h1b-green-card-backlog-easy-if-you-try |access-date=2023-05-07 |website=CIS.org |language=English}}</ref>
			===Body shopping and offshoring===
	Many body shops already meet most, if not all of the above requirements. WiPro, InfoSys, and Tata Systems being prime examples in the IT industry (since they have been documented to be among the highest visa holders in the past).
			{{Further|Body shopping}}
			Critics of the program take issue with American and outsourcing companies using H-1B visa workers to body shop and ] work abroad.<ref name="MJ022213"> {{Webarchive|url=https://web.archive.org/web/20180712154215/https://www.motherjones.com/politics/2013/02/silicon-valley-h1b-visas-hurt-tech-workers/|date=2018-07-12}}, Mother Jones, February 22, 2013</ref><ref name=Gonzalez2018>{{cite thesis |id={{ProQuest|2074816399}} |last1=Gonzalez |first1=Marcela F |date=2018 |title=Highly Skilled Immigration in the United States in an Age of Globalization: An Institutional and Agency Approach }}</ref> Researchers have found that two thirds of IT jobs are offshorable. The remaining third remains onshore in order to be the conduit between American clients and offshore work teams.<ref>{{Cite web |last=Salzman |first=Hal |date=2013-07-01 |title=What Shortages? The Real Evidence About the STEM Workforce |url=https://issues.org/what-shortages-the-real-evidence-about-the-stem-workforce/ |access-date=2023-04-30 |website=Issues in Science and Technology |language=en-US}}</ref>
			The leading users of H-1B visas are Indian outsourcing firms. In 2021, half of the top thirty employers of H-1B visa holders were specifically outsourcing firms.<ref>{{Cite web |title=The Biden administration can stop H-1B visas from fueling outsourcing: Half of the top 30 H-1B employers were outsourcing firms in 2021 |url=https://www.epi.org/blog/the-biden-administration-can-stop-h-1b-visas-from-fueling-outsourcing-half-of-the-top-30-h-1b-employers-were-outsourcing-firms-in-2021/ |access-date=2023-05-07 |website=Economic Policy Institute |language=en-US}}</ref> The top 10 H-1B employers in 2014 such as Tata Consultancy, Cognizant, Infosys, Wipro, Accenture, and IBM all used the program to ship jobs offshore.<ref name=Gonzalez2018/><ref>{{Cite web |title=Top 10 H-1B employers are all IT offshore outsourcing firms, costing U.S. workers tens of thousands of jobs |url=https://www.epi.org/blog/top-10-h-1b-employers-are-all-it-offshore-outsourcing-firms-costing-u-s-workers-tens-of-thousands-jobs/ |access-date=2023-04-30 |website=Economic Policy Institute |language=en-US}}</ref> Critics of H-1B use for outsourcing have also noted that more H-1B visas are granted to companies headquartered in India than companies headquartered in the United States.<ref name="2009CW" /> Furthermore, even though these IT outsourcing companies have a physical footprint in the United States, they hire temporary foreign guest workers instead.<ref name="Issues" />
	Although this memoranda cites legal cases and provides examples, such a memoranda in itself is not law and future memoranda(s) could easily be issued that could change this.
			Senator Dick Durbin stated in a speech on H-1B visa reform: <blockquote>"The H-1B job visa lasts for three years and can be renewed for three years. What happens to those workers after that? Well, they could stay. It is possible. But these new companies have a much better idea for making money. They send the engineers to America to fill spots—and get money to do it—and then after the three to six years, they bring them back to work for the companies that are competing with American companies. They call it their outsourcing visa. They are sending their talented engineers to learn how Americans do business and then bring them back and compete with those American companies."<ref>{{cite web|url=http://durbin.senate.gov/showRelease.cfm?releaseId=280890 |title= Floor Statement: H-1B Visa Reform |access-date=August 3, 2010 |url-status=unfit |archive-url=https://web.archive.org/web/20110108195825/http://durbin.senate.gov/showRelease.cfm?releaseId=280890 |archive-date=January 8, 2011 }}</ref></blockquote>Of all computers ]s and ] on H-1B visas in the U.S., 74 percent were from Asia.
			Large migration of Asian IT professionals to the United States has been a central component to the emergence of the ] industry.<ref>{{cite book |last=Yeoh |title=State/Nation/transnation: Perspectives on Transnationalism in the Asia-Pacific |publisher=Routledge |year=2004 |isbn=978-0-415-30279-1 |page=167 |display-authors=etal}}</ref>
			In FY 2009, due to the worldwide recession, applications for H-1B visas by offshore outsourcing firms were significantly lower than in previous years,<ref>{{cite web|url=http://infotech.indiatimes.com/news/software-services/25-H-1B-visas-still-left/articleshow/5080566.cms|title=Technology|access-date=2009-10-05|archive-url=https://web.archive.org/web/20091006013921/http://infotech.indiatimes.com/news/software-services/25-H-1B-visas-still-left/articleshow/5080566.cms|archive-date=2009-10-06|url-status=dead}}</ref> yet 110,367 H-1B visas were issued, and 117,409 were issued in FY2010.
			'']'' and '']'' have reported on the inordinate share of H-1B visas received by firms that specialize in offshore-outsourcing,<ref name="Computerworld Lottery" /> the subsequent inability of employers to hire foreign professionals with legitimate technical and language skill combinations,<ref name="NYT Gaming System" /> and the outright replacement of American professionals already performing their job functions and being coerced to train their foreign replacements.<ref name="Computerworld Muzzled" /><ref name="Disney NYTimes" />
			==== Training foreign replacements ====
			There have been cases where employers used the program to replace their American employees with H-1B employees, and in some of those cases, the American employees were even ordered to train their replacements.<ref name="MJ022213" /><ref name="NYT6315">{{cite news |author1=Julia Preston |date=June 3, 2015 |title=Last Task After Layoff at Disney: Train Foreign Replacements |work=The New York Times |url=https://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html |url-status=live |access-date=June 3, 2015 |archive-url=https://web.archive.org/web/20150603160337/http://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html |archive-date=June 3, 2015 |quote=Former employees said many immigrants who arrived were younger technicians with limited data skills who did not speak English fluently and had to be instructed in the basics of the work}}</ref><ref> {{Webarchive|url=https://web.archive.org/web/20150228225552/http://www.computerworld.com/article/2879083/southern-california-edison-it-workers-beyond-furious-over-h-1b-replacements.html|date=2015-02-28}}, Computer World, February 4, 2015</ref><ref>{{Cite news |last=Preston |first=Julia |date=2015-09-29 |title=Toys 'R' Us Brings Temporary Foreign Workers to U.S. to Move Jobs Overseas |language=en-US |work=The New York Times |url=https://www.nytimes.com/2015/09/30/us/toys-r-us-brings-temporary-foreign-workers-to-us-to-move-jobs-overseas.html |access-date=2023-04-30 |issn=0362-4331}}</ref>
			Researchers have found that during the 2022 tech layoffs, companies laid off their U.S. workforce while continuing to bring in more H-1B workers. The top 30 H-1B employers in 2022 laid off at least 85,000 workers, while bringing in 34,000 H-1B workers.<ref>{{Cite web |title=Tech and outsourcing companies continue to exploit the H-1B visa program at a time of mass layoffs: The top 30 H-1B employers hired 34,000 new H-1B workers in 2022 and laid off at least 85,000 workers in 2022 and early 2023 |url=https://www.epi.org/blog/tech-and-outsourcing-companies-continue-to-exploit-the-h-1b-visa-program-at-a-time-of-mass-layoffs-the-top-30-h-1b-employers-hired-34000-new-h-1b-workers-in-2022-and-laid-off-at-least-85000-workers/ |access-date=2023-04-30 |website=Economic Policy Institute |language=en-US}}</ref>
			=== Limitations for entrepreneurs and self-employed consultants ===
			Entrepreneurs do not qualify for the H-1B visa. The United States immigration system's EB-5 visa program does permit foreign entrepreneurs to apply for a green card if they make a sufficient investment in a commercial enterprise and intend to create 10 or more jobs in the United States.<ref>{{Cite web |title=EB-5 Immigrant Investor Program |url=https://www.uscis.gov/eb-5 |url-status=live |archive-url=https://web.archive.org/web/20171120013738/https://www.uscis.gov/eb-5 |archive-date=2017-11-20 |access-date=2017-11-21}}</ref> The ] began a program in 2014 allowing entrepreneurs to found U.S. companies while fulfilling visa requirements by teaching and mentoring on campus, with the university as sponsoring employer.<ref>{{Cite web |title=How A Mass. Visa Workaround Became A Popular Alternative For Foreign Entrepreneurs |date=2 May 2017 |url=http://www.wbur.org/bostonomix/2017/05/01/massachusetts-entrepreneur-visa-alternative |url-status=live |archive-url=https://web.archive.org/web/20170506012316/http://www.wbur.org/bostonomix/2017/05/01/massachusetts-entrepreneur-visa-alternative |archive-date=2017-05-06 |access-date=2017-06-12}}</ref> Likewise, self-employed consultants have no visa that would allow them to enter the country and perform work independently for unspecified, extended periods (although, note that a B-1 visa would permit temporary travel to the U.S. to consult for specific periods),<ref>{{Cite web |title=B-1 Temporary Business Visitor |url=https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor |url-status=live |archive-url=https://web.archive.org/web/20171221215014/https://www.uscis.gov/working-united-states/temporary-visitors-business/b-1-temporary-business-visitor |archive-date=2017-12-21 |access-date=2017-11-21}}</ref> so consulting companies have been formed for the sole purpose of sponsoring employees on H-1B visas to allow them to perform work for clients, with the company sharing the resulting profit.
			=== Fraud ===
			The United States Citizenship and Immigration Services "H-1B Benefit Fraud & Compliance Assessment" of September 2008 concluded 21% of H-1B visas granted originate from fraudulent applications or applications with technical violations.<ref>{{Cite web |url=http://www.uscis.gov/USCIS/Resources/Reports/uscis-annual-report-2008.pdf |title=USCIS Annual Report for Fiscal Year 2008 |access-date=2012-04-10 |archive-url=https://web.archive.org/web/20120921110613/http://www.uscis.gov/USCIS/Resources/Reports/uscis-annual-report-2008.pdf |archive-date=2012-09-21 |url-status=live }}</ref> Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21% rate.<ref name="Compliance Assessment 2008">{{cite web|title=H-1B Benefit Fraud & Compliance Assessment|url=https://www.numbersusa.com/content/files/pdf/H-1B%20report.pdf|publisher=USCIS|access-date=17 March 2016|archive-url=https://web.archive.org/web/20120619222437/https://www.numbersusa.com/content/files/pdf/H-1B%20report.pdf|archive-date=19 June 2012|date=September 2008}}</ref>
			{| class="wikitable"
			|+ USCIS, H-1B Benefit Fraud and Compliance Assessment (2008)<ref name="Compliance Assessment 2008"/>
			|-
			! scope="col" style="width: 100px;" | Beneficiary Education Level
			! scope="col" style="width: 100px;" | Violation Rate
			! scope="col" style="width: 100px;" | % of Sample
			! scope="col" style="width: 100px;" | Total Cases
			|-
			|Bachelor's Degree
			|align=right | 31%
			|align=right | 43%
			|align=right | 106
			|-
			|Graduate Degree
			|align=right | 13%
			|align=right | 57%
			|align=right | 140
			|}
			{| class="wikitable sortable"
			|+ USCIS, H-1B Benefit Fraud & Compliance Assessment (2008)<ref name="Compliance Assessment 2008"/>
			|-
			! scope="col" style="width: 200px;" | Reported Occupations
			! scope="col" style="width: 100px;" | Violation Rate
			! scope="col" style="width: 100px;" | % of Sample
			! scope="col" style="width: 100px;" | Total Cases
			|-
			|Architecture, Engineering, and Surveying
			|align=right | 8%
			|align=right |15%
			|align=right | 36
			|-
			|Mathematics and Physical Sciences
			|align=right | 0%
			|align=right | 1%
			|align=right | 3
			|-
			|Computer Professionals
			|align=right |27%
			|align=right |42%
			|align=right |104
			|-
			|Life Sciences
			|align=right | 0%
			|align=right | 4%
			|align=right | 11
			|-
			|Social Sciences
			|align=right | 0%
			|align=right |<1%
			|align=right | 1
			|-
			|Medicine and Health
			|align=right |10%
			|align=right | 4%
			|align=right | 10
			|-
			|Education
			|align=right | 9%
			|align=right |13%
			|align=right | 33
			|-
			|Law
			|align=right | 0%
			|align=right |<1%
			|align=right | 1
			|-
			|Writing
			|align=right | 0%
			|align=right |<1%
			|align=right | 1
			|-
			|Art
			|align=right |29%
			|align=right | 3%
			|align=right | 7
			|-
			|Accounting, Human Resources, Sales, Advertising, and Business Analysts
			|align=right |42%
			|align=right |11%
			|align=right | 26
			|-
			|Managerial
			|align=right |33%
			|align=right | 4%
			|align=right | 9
			|-
			|Miscellaneous Professions
			|align=right | 0%
			|align=right | 2%
			|align=right | 4
			|}
			In 2009, federal authorities arrested people for a nationwide H-1B visa scam in which they allegedly submitted false statements and documents in connection with petitions for H-1B visas.<ref name="2008-fraud">{{cite web| url = http://www.eweek.com/c/a/IT-Management/Feds-Bust-Nationwide-H1B-Visa-Scam| archive-url = https://archive.today/20121208153407/http://www.eweek.com/c/a/IT-Management/Feds-Bust-Nationwide-H1B-Visa-Scam| url-status = dead| archive-date = December 8, 2012| title = Feds Bust Nationwide H-1B Visa Scam| access-date = April 7, 2010| first = Roy| last = Mark| date = February 13, 2009| publisher = ]}}</ref>
			Fraud has included acquisition of a fake university degree for the prospective H-1B worker, coaching the worker on lying to consul officials, hiring a worker for which there is no U.S. job, charging the worker money to be hired, benching the worker with no pay, and taking a cut of the worker's U.S. salary. The workers, who have little choice in the matter, are also engaged in fraud, and may be charged, fined, and deported.<ref name=BW10109>{{cite news |first1=Moira |last1=Herbst |first2=Steve |last2=Hamm |title=America's High-Tech Sweatshops |url=https://www.bloomberg.com/bw/magazine/content/09_41/b4150034732629.htm |access-date=June 10, 2015 |work=BusinessWeek |date=October 1, 2009 |archive-url=https://web.archive.org/web/20150613003202/http://www.bloomberg.com/bw/magazine/content/09_41/b4150034732629.htm |archive-date=June 13, 2015 |url-status=live }}</ref>
			==== Gaming the visa lottery ====
			Critics of the H-1B lottery criticize that the lottery is randomized and does not select for skill or wage.{{citation needed|date=September 2023}}
			Outsourcing companies' game the system by filing as many electronic lottery applications as possible (only $10 each) for jobs that do not exist. In 2023, there were 781,000 lottery entries for 85,000 visas. This was partially the result of different companies submitting the same applicant multiple times. USCIS says that there is a high prevalence of fraud with the new electronic registration system.<ref>{{Cite news |last=Hackman |first=Michelle |title=WSJ News Exclusive {{!}} Companies Are Colluding to Cheat H-1B Visa Lottery, U.S. Says |url=https://www.wsj.com/articles/u-s-says-some-companies-cheat-h-1b-lottery-driving-record-applications-1a3e4fd |access-date=2023-05-06 |newspaper=Wall Street Journal |date=28 April 2023 |language=en-US}}</ref><ref>{{Cite web |date=2023-05-04 |title=Corporations Are Gaming the Visa System and Cheating American Workers |url=https://www.newsweek.com/corporations-are-gaming-visa-system-cheating-american-workers-opinion-1798131 |access-date=2023-05-06 |website=Newsweek |language=en}}</ref>
			==Additional visas==
			{{More citations needed section|date=February 2016}}
			Selected listing of non-family preference visas where employment can be or is authorized.
			{{col-begin}}
			{{col-break}}
			''Temporary high skill visas''
			* H-1B visa (Bachelor's degree or equivalent)
			* ] (Dependents of H visa—some now authorized for employment <ref name="H-4 Chicago Tribune"/>)
			* ] (Intracompany)
			* ] (Extraordinary abilities)
			* ] (])
			* ] (Extends H-1B & L-1 visas beyond limitation statutes)
			''Student visas''
			* ] (student visa)
			* ] (training and misc., employment (] exempt))
			* ] (employment authorization, ] exempt<ref name="OPT Social Security"/><ref name="U.S. News & World Report"/>)
			{{col-break}}
			''Employment based preference'' (Greencard)
			* ] (PhD level)
			* ] (Master's degree)
			* ] (Bachelor's degree)
			* EB-4 visa (Religious)
			* ] (Investor)
			''Various''
			* ] (business and visitor)
			* ] (athletes and entertainers)
			* ] (agriculture)
			* ] (temporary worker, non agricultural)
			{{col-end}}
	==Similar programs==
	In addition to H-1B visas, there are a variety of other visa categories that allow foreign workers to come into the U.S. to work for some period of time.		In addition to H-1B visas, there are a variety of other visa categories that allow foreign workers to come into the U.S. to work for some period of time.
	]s are issued to foreign employees of a corporation. Under recent rules, the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa. An L-1B visa is appropriate for nonimmigrant workers who are being temporarily transferred to the United States based on their specialized knowledge of the company's techniques and methodologies. An L-1A visa is for managers or executives who will either manage people or an essential function of the company. There is no requirement to pay prevailing wages for the L-1 visa holders. For Canadian residents, a special L visa category is available.		]s are issued to foreign employees of a corporation. Under recent rules, the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa. An L-1A visa is for managers or executives who either manage people or an essential function of the company. An L-1B visa is appropriate for non-immigrant workers who are being temporarily transferred to the United States based on their specialized knowledge of the company's techniques and methodologies. There is no requirement to pay prevailing wages for the L-1 visa holders. For Canadian residents, a special L visa category is available.
	] are part of the ] (NAFTA), and are issued to Canadian and Mexican citizens.<ref></ref> TN visas are only available to workers who fall into one of a pre-set list of occupations determined by the NAFTA treaty. There are specific for the TN Visa.		] are part of the ] (NAFTA), and are issued to Canadian and Mexican citizens. TN visas are only available to workers who fall into one of a preset list of occupations determined by the NAFTA treaty. There are specific eligibility requirements for the TN Visa.<ref>{{Cite web |url=https://travel.state.gov/visa/temp/types/types_1274.html |title=Mexican and Canadian NAFTA Professional Worker |access-date=2017-06-24 |archive-url=https://web.archive.org/web/20131102223138/http://travel.state.gov/visa/temp/types/types_1274.html |archive-date=2013-11-02 |url-status=live }}</ref>
	]s are issued to citizens of ] under the Australia free-trade treaty.		]s are issued to citizens of ] under the Australia free-trade treaty.
			H-1B1 visas are a sub-set of H-1B issued to residents of ] and ]. H-1B1 visas for residents of Chile was part of the ]; PL 108-77 Section 402(a)(2)(B), 117 Stat. 909, 940; S 1416, HR 2738, which was passed by the ] on July 24, 2003. H-1B1 visas for residents of Singapore was part of the ], PL 108-78 Section 402(2), 117 Stat. 948, 970-971; S 1417, HR 2739, which passed the U.S. House of Representatives on July 24, 2003, passed the ] on July 31, 2003, and signed by ] ] on May 6, 2003. According to ], if there are any unused H-1B1 visas during a particular year, that number is added to the following year's H-1B base quota.
	H-1B1 visas are issued to residents of Chile and Singapore under the amended NAFTA treaty.
	One recent trend in work visas is that various countries attempt to get special preference for their nationals as part of treaty negotiations. Another trend is for changes in immigration law to be embedded in large Authorization or Omnibus bills to avoid the controversy that might accompany a separate vote.		One recent trend in work visas is that various countries attempt to get special preference for their nationals as part of treaty negotiations. Another trend is for changes in immigration law to be embedded in large Authorization or Omnibus bills to avoid the controversy that might accompany a separate vote.
	H-2B: The H-2B nonimmigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status		]: The H-2B non-immigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary non-agricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status.
	Alternatives to H-1B visa:		== H-1B visa statistics ==
	*
	**Pre-requisite:
	**Alternatively, a Medical Doctor or Physician may enter the U.S. for a temporary period through a temporary visa.
	* for </li>
	* for Professors and Researchers.
			=== General statistics ===
	==Dependents of H-1B visa holders==
	H-1B visa holders are allowed to bring their immediate family members (spouse and children under 21) to the United States under the ] category as ]. An ] holder may remain in the U.S. as long as the H-1B visa holder remains in legal status. An ] holder is not eligible to work in the U.S. and is not eligible for a ] (SSN)<ref>http://www.ssa.gov/pubs/10096.html#4</ref>. An ] holder may attend school, obtain a driver's license and open a bank account while in the US. In order to claim a dependent on a tax return or file a joint tax return, the dependent will have to obtain an Individual Tax Identification Number (ITIN) which is used only for tax filing purposes.
			* The H-1B visa program is the largest guest worker visa program in the United States.<ref name=":6">{{Cite web |last1=Ruiz |first1=Neil G. |last2=Krogstad |first2=Jens Manuel |title=East Coast and Texas metros had the most H-1B visas for skilled workers from 2010 to 2016 |url=https://www.pewresearch.org/short-reads/2018/03/29/h-1b-visa-approvals-by-us-metro-area/ |access-date=2023-04-29 |website=Pew Research Center |date=29 March 2018 |language=en-US}}</ref>
	==H-1B demographics==
			* The H-1B visa has seen continual growth. There were an estimated 425,000 H-1Bs in 2000.<ref>{{Cite web|last=Lowell |first=B. Lindsay |date=2000-05-01 |title=H-1B Temporary Workers: Estimating the Population |id=Working Paper Number 12|location=La Jolla, California|publisher=The Center for Comparative Immigration Studies, University of California-San Diego|url=https://escholarship.org/uc/item/4ms039dc |language=en|access-date=2023-09-29|via=Center for Comparative Immigration Studies, UC San Diego}}</ref> USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019.<ref name=":2" />
	{| class=wikitable
			* The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991.<ref name=":3" />
	|-
			* There were 206,002 new and initial H-1B visas issued in 2022, the highest number of H-1B visa issuances in the program's history.<ref name=":4" />
	|]
			* Between 2001 and 2015, the U.S. government distributed 1.8 million H-1B visas.<ref name=":7">{{Cite web |last=Ruiz |first=Neil G. |date=2018-01-31 |title=Origins and Destinations of Foreign Students in the United States |url=https://www.pewresearch.org/global/2018/01/31/origins-and-destinations-of-foreign-students-in-the-united-states/ |access-date=2023-04-29 |website=Pew Research Center's Global Attitudes Project |language=en-US}}</ref>
	|]
			* Between 2007 and 2016, 60% of H-1B applicants were for computer and mathematical occupations.<ref name=":7" />
	|]
			* Universities and colleges, nonprofits and government research institutions account for 10% of H-1B visa applications.<ref name=":7" />
	|}
			* 1 in 4 H-1B applications do not require a bachelor’s degree.<ref name=":7" />
			* In 2020, 70% of H-1B visa workers work in computer-related occupations. 9% went to engineering, architecture, ad surveying.<ref name=":9"/>
			=== H-1B demographic statistics ===
	Of all ] and ] on H-1B visas in the US, 74 percent were from Asia. This large scale migration of Asian IT professionals to the United States has been cited as a central cause of the quick emergence of the ].<ref>Yeoh et al., 'State/Nation/trasnation: Perspectives on Transnationalism in the Asia-Pacific', Routledge, 2004, ISBN 041540279X, page 167</ref> {{See|IT Body Shops}}
			* In 2021, 74.1% of H-1B visas were approved to Indian nationals while 12.4% were approved to Chinese nationals.<ref>{{Cite news |last=Ziegler |first=Bart |title=Should the U.S. Expand the H-1B Visa Program? |url=https://www.wsj.com/articles/us-expand-h1b-visa-program-11667596983 |access-date=2023-04-29 |newspaper=Wall Street Journal |date=7 November 2022 |language=en-US}}</ref>
	==Usage of H-1B by outsourcing firms==
			* The average age of an H-1B worker is 33.<ref name=":9">{{Cite web |title=CRS Congressional Report |url=https://crsreports.congress.gov/product/pdf/R/R47159}}</ref>
	In 2006, these firms collectively were issued 19,512 of the 65,000 H-1B visas granted, with 4 outsourcing firms among the top 5 receivers of H-1B visas. Among the top of the list were some of the most well known outsourcing firms: ], ], ], and ]. Critics have argued that granting H-1B visas to these outsourcing firms is not the real intent of the H-1B Visa program. <ref name="who">{{cite web
			* Between 2001-2015, 892,814 H-1B visas or 50.5% of all visas were awarded to Indian nationals. China had 9.7% of H-1Bs with 171,577. Canada is third with 3.8% or 66,582.<ref name=":7" />
	| url = http://www.informationweek.com/showArticle.jhtml?articleID=199601616
	| title = Who Gets H-1B Visas? Check Out This List
	| accessdate = 06/02/2007
	| author = Marianne Kolbasuk McGee
	|date=May 17, 2007
	| publisher = ]
	}}</ref> <ref name="bw-2007-06-07">{{cite web
	| url = http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm
	| title = Immigration: Google Makes Its Case
	| accessdate = 04/02/2010
	| author = Peter Elstrom
	|date=June 7, 2007
	| publisher = ]
	}}</ref> One reason given is: Critics claim that the Indian firms skirt regulations and use the visas to train workers in the U.S. to facilitate moving jobs offshore. <ref name="who"/>
			=== U.S. geographic statistics ===
	In 2006, ] applied for 20,000 H-1B visas and 160 Green Cards; and ] applied for 20,000 H-1B visas and only 50 Green Cards. Of the Applied H-1B visas, Wipro and Infosys were granted, 4,002 and 4,108 visas respectively, an acceptance rate of 20% and 24%.<ref>Prithiv Patel, ''Infosys, Wipro and TCS under investigation for misuse of H1B visas'', India Daily, May 15, 2007</ref> Given that both companies have a work force of approximately 100,000 employees, and a U.S. employment base of roughly 20,000 H-1B holders, this indicates that roughly 1/5th of the Indian workforce of Infosys & Wipro applied for a visa in 2006. <ref name="bw-2007-06-07-chart">{{cite web
	| url = http://www.businessweek.com/table/0518_h1btable.htm
	| title = Immigration: Who Gets Temp Work Visas?
	| accessdate = 04/02/2010
	| author = Peter Elstrom
	|date=June 7, 2007
	| publisher = ]
	}}</ref> A 2009 Business Week article cited a ComputerWorld article indicating that WiPro was the top user of the program with 1,964 Visas. <ref name="2009-visas">{{cite web
	| url = http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009
	| title = List of H-1B visa employers for 2009
	| accessdate = 04/07/2010
	| author = Jacob Sapochnick, Patrick Thibodea
	|date=2009
	| publisher = ], ]
	}}</ref>
			* The ] had the most H-1B approvals, with between 2010 and 2016.<ref name=":6" /> Dallas-Fort Worth metropolitan region came in second with 74,000 H-1B visa approvals while the Washington D.C. metropolitan region with 64,800 H-1B visa approvals.
	Critics have argues against this trend, stating that there is no dearth of qualified workers in the United States.<ref></ref>
			* Employers in California, New Jersey, Texas, and New York were the biggest users of H-1B visas in 2013.<ref name=":7" />
			* New Jersey has the most H-1B visa workers per capita.<ref name=":7" />
			=== 2020 education statistics ===
	In 2009, due to the worldwide recession, applications for H1B visas by outsourcing firms were significantly lower than in previous years.<ref></ref>
			* 7% of H-1B workers had a doctorate.<ref name=":9"/>
	==Top ten H-1B rankings==
			* 57% of H-1B workers had a master's degree.<ref name=":9"/>
			* 36% of H-1B workers had a bachelor's degree.<ref name=":9"/>
			=== 2020 salary statistics ===
			* In 2020, the median salary for all H-1B workers was $101,000.<ref name=":9" />
			== H-1B visa tables and charts ==
			{{multiple image|caption_align=center
			<!-- Essential parameters -->
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			| header =
			<!-- Images -->
			| width = <!-- displayed width of each image in pixels (an integer, omit "px" suffix); overrides "width"s below -->
			<!--image 1-->
			| image1 = HIB by nation 2006 to 2008.svg
			| width1 = <!-- displayed width of image; overridden by "width" above -->
			| alt1 = H-1B number issued each year for 2006-2008
			| link1 = File:HIB by nation 2006 to 2008.svg
			| caption1 = H-1B issued years 2006-2008
			<!--image 2-->
			| image2 = h1b demographics pie chart.svg
			| width2 = <!-- displayed width of image; overridden by "width" above -->
			| alt2 = Issued by continent 2005
			| link2 = File:h1b demographics pie chart.svg
			| caption2 = Issued by continent 2005
			<!--image 3-->
			| image3 = 2005 H-1B admissions by country of citizenship.svg
			| width3 = <!-- displayed width of image; overridden by "width" above -->
			| alt3 = H-1B issued by nation in 2005
			| link3 = File:2005 H-1B admissions by country of citizenship.svg
			| caption3 = Issued by nation in 2005
			<!-- and so on, to a maximum of 10 images (image10) -->
			<!-- Footer -->
			| footer_background =
			| footer_align = <!-- left (default), center, right -->
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			}}
			===Approved H-1B applications ===
	{| class="wikitable"		{| class="wikitable"
			|+ H-1B Applications Approved by ]
	|+ Top ten companies receiving H-1Bs<ref name="who" /> <ref name="bw-2007-06-07-chart"/> <ref name="bw-2007-06-07"/> <ref name="2009-visas"/>
			! scope="col" style="width: 100px;" | ]
	| '''Rank'''
			! scope="col" style="width: 100px;" | '''Initial<br/> employment<br/> approvals'''
	| '''Company'''
			! scope="col" style="width: 100px;" | '''Continuing<br/> employment<br/> approvals '''
	| '''Headquarters'''
			! scope="col" style="width: 100px;" | '''Total'''
	| '''Primary Employment Base'''
			! align=center | &nbsp;
	| '''H-1Bs received 2006'''
			|-
	| '''H-1Bs approved 2009'''
			|align=center |2000
			|align=right |136,787
			|align=right |120,853
			|align=right |257,640
			|align=center |
			|-
			|align=center |2001
			|align=right |201,079
			|align=right |130,127
			|align=right |331,206
			|align=center |
			|-
			|align=center |2002
			|align=right |103,584
			|align=right | 93,953
			|align=right |197,537
			|align=center |
			|-
			|align=center |2003
			|align=right |105,314
			|align=right |112,026
			|align=right |217,340
			|align=center |
			|-
			|align=center |2004
			|align=right |130,497
			|align=right |156,921
			|align=right |287,418
			|align=center |<ref
			name="USCISCharacteristicsFY2004">" {{Webarchive|url=https://web.archive.org/web/20111022200315/http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b_fy04_characteristics.pdf |date=2011-10-22 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2005
			|align=right |116,927
			|align=right |150,204
			|align=right |267,131
			|align=center |<ref
			name="USCISCharacteristicsFY2005">"{{Dead link|date=July 2024 |bot=InternetArchiveBot |fix-attempted=yes }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2006
			|align=right |109,614
			|align=right |161,367
			|align=right |270,981
			|align=center |<ref name="USCISCharacteristicsFY2006"/>
			|-
			|align=center |2007
			|align=right |120,031
			|align=right |161,413
			|align=right |281,444
			|align=center |<ref name="USCISCharacteristicsFY2007"/>
			|-
			|align=center |2008
			|align=right |109,335
			|align=right |166,917
			|align=right |276,252
			|align=center |<ref name="USCISCharacteristicsFY2008"/>
			|-
			|align=center |2009
			|align=right | 86,300
			|align=right |127,971
			|align=right |214,271
			|align=center |<ref name="USCISCharacteristicsFY2009"/>
			|-
			|align=center |2010
			|align=right | 76,627
			|align=right |116,363
			|align=right |192,990
			|align=center |<ref name="USCISCharacteristicsFY2010"/>
			|-
			|align=center |2011
			|align=right |106,445
			|align=right |163,208
			|align=right |269,653
			|align=center |<ref name="USCISCharacteristicsFY2011"/>
			|-
			|align=center |2012
			|align=right |136,890
			|align=right |125,679
			|align=right |262,569
			|align=center |<ref
			name="USCISCharacteristicsFY2012">" {{Webarchive|url=https://web.archive.org/web/20130810205658/http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-12-characteristics.pdf |date=2013-08-10 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2013
			|align=right |128,291
			|align=right |158,482
			|align=right |286,773
			|align=center |<ref
			name="USCISCharacteristicsFY2013">" {{Webarchive|url=https://web.archive.org/web/20150414094114/http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/H-1B_Characteristics_Report_FY_2013_826_KB.pdf |date=2015-04-14 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2014
			|align=right |124,326
			|align=right |191,531
			|align=right |315,857
			|align=center |<ref
			name="USCISCharacteristicsFY2014">" {{Webarchive|url=https://web.archive.org/web/20150406202207/http://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h-1B-characteristics-report-14.pdf |date=2015-04-06 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2015
			|align=right |113,605
			|align=right |161,714
			|align=right |275,317
			|align=center |<ref
			name="USCISCharacteristicsFY2015">" {{Webarchive|url=https://web.archive.org/web/20170824203119/https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/H-1B-FY15.pdf |date=2017-08-24 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2016
			|align=right |114,504
			|align=right |230,759
			|align=right |345,262
			|align=center |<ref
			name="USCISCharacteristicsFY2016">" {{Webarchive|url=https://web.archive.org/web/20180108034634/https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/H-1B/h-1B-FY16.pdf |date=2018-01-08 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2017
			|align=right |108,101
			|align=right |257,581
			|align=right |365,682
			|align=center |<ref name="USCISCharacteristicsFY2017">" {{Webarchive|url=https://web.archive.org/web/20180503111312/https://www.uscis.gov/sites/default/files/reports-studies/Characteristics-of-Specialty-Occupation-Workers-H-1B-Fiscal-Year-2017.pdf |date=2018-05-03 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2018
			|align=right |93,615
			|align=right |238,743
			|align=right |332,358
			|align=center |<ref name="USCISCharacteristicsFY2018">"''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2019
			|align=right |138,297
			|align=right |249,476
			|align=right |388,403
			|align=center |<ref name="USCISCharacteristicsFY2019">"''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2020
			|align=right |122,886
			|align=right |303,824
			|align=right |426,710
			|align=center |<ref name="USCISCharacteristicsFY2020">"''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2021
			|align=right |123,414
			|align=right |283,657
			|align=right |407,071
			|align=center |<ref name="USCISCharacteristicsFY2021">"''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2022
			|align=right |132,429
			|align=right |309,614
			|align=right |442,043
			|align=center |<ref name="USCISCharacteristicsFY2022">"''U.S. Citizenship and Immigration Services''.</ref>
			|-
			|align=center |2023
			|align=right |118,948
			|align=right |267,370
			|align=right |386,318
			|align=center |<ref name="USCISCharacteristicsFY2023">"''U.S. Citizenship and Immigration Services''.</ref>
			|}
			{| class="wikitable"
			|+ H-1B Applications Approved by Education or Equivalent
			! scope="col" style="width: 100px;" | ]
			! scope="col" style="width: 100px;" | '''No High School Diploma'''
			! scope="col" style="width: 100px;" | '''Only High School Diploma'''
			! scope="col" style="width: 100px;" | '''Less Than 1 year of College'''
			! scope="col" style="width: 100px;" | '''1+ years of College'''
			! scope="col" style="width: 100px;" | '''Equivalent of Associate's'''
			! scope="col" style="width: 100px;" | '''Total Less Than<br/> Bachelor's Degree'''
			! scope="col" style="width: 100px;" | '''Bachelor's Degree or Higher'''
			! &nbsp;
			|-
			|align=center |2000
			|align=right | 554
			|align=right | 288
			|align=right | 158
			|align=right | 1,290
			|align=right | 696
			|align=right | 2,986
			|align=right |130,304
			|align=center |
			|-
			|align=center |2001
			|align=right | 247
			|align=right | 895
			|align=right | 284
			|align=right | 1,376
			|align=right | 1,181
			|align=right | 3,983
			|align=right |157,660
			|align=center |
			|-
			|align=center |2002
			|align=right | 169
			|align=right | 806
			|align=right | 189
			|align=right | 849
			|align=right | 642
			|align=right | 2,655
			|align=right |115,697
			|align=center |
			|-
			|align=center |2003
			|align=right | 148
			|align=right | 822
			|align=right | 122
			|align=right | 623
			|align=right | 534
			|align=right | 2,249
			|align=right |104,947
			|align=center |
			|-
			|align=center |2004
			|align=right | 123
			|align=right | 690
			|align=right | 137
			|align=right | 421
			|align=right | 432
			|align=right | 1,803
			|align=right |137,162
			|align=center | <ref name="USCISCharacteristicsFY2004"/>
			|-
			|align=center |2005
			|align=right | 107
			|align=right | 440
			|align=right | 77
			|align=right | 358
			|align=right | 363
			|align=right | 1,345
			|align=right |122,754
			|align=center | <ref name="USCISCharacteristicsFY2005"/>
			|-
			|align=center |2006
			|align=right | 96
			|align=right | 392
			|align=right | 54
			|align=right | 195
			|align=right | 177
			|align=right | 914
			|align=right |134,507
			|align=center | <ref name="USCISCharacteristicsFY2006"/>
			|-
			|align=center |2007
			|align=right | 72
			|align=right | 374
			|align=right | 42
			|align=right | 210
			|align=right | 215
			|align=right | 913
			|align=right |153,140
			|align=center | <ref name="USCISCharacteristicsFY2007"/>
			|-
			|align=center |2008
			|align=right | 80
			|align=right | 174
			|align=right | 19
			|align=right | 175
			|align=right | 195
			|align=right | 643
			|align=right |128,821
			|align=center | <ref name="USCISCharacteristicsFY2008"/>
			|-
			|align=center |2009
			|align=right | 108
			|align=right | 190
			|align=right | 33
			|align=right | 236
			|align=right | 262
			|align=right | 829
			|align=right |109,538
			|align=center | <ref name="USCISCharacteristicsFY2009"/>
			|-
			|align=center |2010
			|align=right | 140
			|align=right | 201
			|align=right | 24
			|align=right | 213
			|align=right | 161
			|align=right | 739
			|align=right |116,670
			|align=center | <ref name="USCISCharacteristicsFY2010"/>
			|-
			|align=center |2011
			|align=right | 373
			|align=right | 500
			|align=right | 44
			|align=right | 255
			|align=right | 170
			|align=right | 1,342
			|align=right |127,792
			|align=center | <ref name="USCISCharacteristicsFY2011"/>
			|-
			|align=center |2012
			|align=right | 108
			|align=right | 220
			|align=right | 35
			|align=right | 259
			|align=right | 174
			|align=right | 796
			|align=right |134,734
			|align=center | <ref name="USCISCharacteristicsFY2012"/>
			|-
			|align=center |2013
			|align=right | 68
			|align=right | 148
			|align=right | 15
			|align=right | 162
			|align=right | 121
			|align=right | 514
			|align=right |152,709
			|align=center | <ref name="USCISCharacteristicsFY2013"/>
			|-
			|align=center |2014
			|align=right | 32
			|align=right | 133
			|align=right | 18
			|align=right | 133
			|align=right | 88
			|align=right | 404
			|align=right |160,965
			|align=center | <ref name="USCISCharacteristicsFY2014"/>
			|-
			|align=center |2015
			|align=right | 52
			|align=right | 148
			|align=right | 25
			|align=right | 232
			|align=right | 189
			|align=right | 646
			|align=right |172,102
			|align=center | <ref name="USCISCharacteristicsFY2015"/>
			|-
			|align=center |2016
			|align=right | 53
			|align=right | 128
			|align=right | 28
			|align=right | 220
			|align=right | 209
			|align=right | 638
			|align=right |179,419
			|align=center | <ref name="USCISCharacteristicsFY2016"/>
			|-
			|align=center |2017
			|align=right | 30
			|align=right | 107
			|align=right | 17
			|align=right | 173
			|align=right | 171
			|align=right | 498
			|align=right |178,551{{Failed verification|date=May 2021}}
			|align=center | <ref name="USCISCharacteristicsFY2017"/>
			|-
			|align=center |2018
			|align=right |18
			|align=right |90
			|align=right |9
			|align=right |127
			|align=right |127
			|align=right |371
			|align=right |321,182
			|align=center |<ref>{{Cite web|title=Characteristics of H-1B Specialty Occupation Workers Fiscal Year 2018|url=https://www.uscis.gov/sites/default/files/document/reports/Characteristics_of_Specialty_Occupation_Workers_H-1B_Fiscal_Year_2018.pdf|website=U.S. Citizenship and Immigration Services|page=10}}</ref>
			|-
			|align=center |2019
			|align=right |23
			|align=right |80
			|align=right |10
			|align=right |132
			|align=right |113
			|align=right |358
			|align=right |375,283
			|align=center |<ref>{{Cite web|title=Characteristics of H-1B Specialty Occupation Workers Fiscal Year 2019|url=https://www.uscis.gov/sites/default/files/document/reports/Characteristics_of_Specialty_Occupation_Workers_H-1B_Fiscal_Year_2019.pdf|website=U.S. Citizenship and Immigration Services|page=10}}</ref>
			|-
			|align=center |2020
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |329
			|align=right |413,401
			|align=center |<ref>{{Cite web|title=Characteristics of H-1B Specialty Occupation Workers Fiscal Year 2020|url=https://www.uscis.gov/sites/default/files/document/reports/Characteristics_of_Specialty_Occupation_Workers_H-1B_Fiscal_Year_2020.pdf|website=U.S. Citizenship and Immigration Services|page=47}}</ref>
			|-
			|align=center |2021
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |289
			|align=right |395,126
			|align=center |<ref name="USCISCharacteristicsFY2021"/>
			|-
			|align=center |2022
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |315
			|align=right |311,395
			|align=center |<ref name="USCISCharacteristicsFY2022"/>
			|-
			|align=center |2023
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |{{nbsp}}
			|align=right |293
			|align=right |247,530
			|align=center |<ref name="USCISCharacteristicsFY2023"/>
			|}
			===H-1B visas issued per year===
			{| class="wikitable sortable"
			|+ New and initial H-1B and H-1B1 visas issued by the U.S. Department of State through consular offices<ref name="Department of Travel visas issued">{{cite web | title=Nonimmigrant Visa Statistics: Nonimmigrant Visas by Individual Class of Admission (e.g. A1, A2, etc.)* | website=Travel | url=https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics.html | access-date=May 2, 2018 | archive-url=https://web.archive.org/web/20180505184343/https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/nonimmigrant-visa-statistics.html | archive-date=May 5, 2018 | url-status=live }}</ref><ref name="Nonimmigrant Visas Issued 2013-2017">{{cite web |url=https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf |title=Table XVI(B) Non-immigrant Visas Issued by Classification (Including Border Crossing Cards)Fiscal Years 2013-2017 |work= Bureau of Consular Affairs |publisher= U.S. Department of State |archive-date=May 2, 2018|archive-url= https://web.archive.org/web/20180502164800/https://travel.state.gov/content/dam/visas/Statistics/AnnualReports/FY2017AnnualReport/FY17AnnualReport-TableXVIB.pdf}}</ref>
			! scope="col" style="width: 100px;" | '''Fiscal Year'''
			! scope="col" style="width: 100px;" | '''H-1B'''
			! scope="col" style="width: 100px;" | '''H-1B1'''
			! scope="col" style="width: 100px;" | '''Total'''
			|-
			|align=center|1990
			|align=right| 794
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 794
			|-
			|align=center|1991
			|align=right| 51,882
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 51,882
			|-
			|align=center|1992
			|align=right| 44,290
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 44,290
			|-
			|align=center|1993
			|align=right| 35,818
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 35,818
			|-
			|align=center|1994
			|align=right| 42,843
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 42,843
			|-
			|align=center|1995
			|align=right| 51,832
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 51,832
			|-
			|align=center|1996
			|align=right| 58,327
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 58,327
			|-
			|align=center|1997
			|align=right| 80,547
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 80,547
			|-
			|align=center|1998
			|align=right| 91,360
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right| 91,360
			|-
			|align=center|1999
			|align=right|116,513
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right|116,513
			|-
			|align=center|2000
			|align=right|133,290
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right|133,290
			|-
			|align=center|2001
			|align=right|161,643
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right|161,643
			|-
			|align=center|2002
			|align=right|118,352
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right|118,352
			|-
			|align=center|2003
			|align=right|107,196
			|align=right|{{abbr|n/a|not available before 2004}}
			|align=right|107,196
			|-
			|align=center|2004
			|align=right|138,965
			|align=right| 72
			|align=right|139,037
			|-
			|align=center|2005
			|align=right|124,099
			|align=right| 275
			|align=right|124,374
			|-
			|align=center|2006
			|align=right|135,421
			|align=right| 440
			|align=right|135,861
			|-
			|align=center|2007
			|align=right|154,053
			|align=right| 639
			|align=right|154,692
			|-
			|align=center|2008
			|align=right|129,464
			|align=right| 719
			|align=right|130,183
			|-
			|align=center|2009
			|align=right|110,367
			|align=right| 621
			|align=right|110,988
			|-
			|align=center|2010
			|align=right|117,409
			|align=right| 419
			|align=right|117,828
			|-
			|align=center|2011
			|align=right|129,134
			|align=right| 418
			|align=right|129,552
			|-
			|align=center|2012
			|align=right|135,530
			|align=right| 461
			|align=right|135,991
			|-
			|align=center|2013
			|align=right|153,223
			|align=right| 571
			|align=right|153,794
			|-
			|align=center|2014
			|align=right|161,369
			|align=right| 870
			|align=right|162,239
			|-
			|align=center|2015
			|align=right|172,748
			|align=right| 1,051
			|align=right|173,799
			|-
			|align=center|2016
			|align=right|180,057
			|align=right| 1,294
			|align=right|181,351
			|-
			|align=center|2017
			|align=right|179,049
			|align=right| 1,391
			|align=right|180,440
			|-
			|align=center|2018
			|align=right|179,660
			|align=right|1,498
			|align=right|181,158
			|-
			|align=center|2019
			|align=right|188,123
			|align=right|1,724
			|align=right|189,847
			|-
			|align=center|2020
			|align=right|124,983
			|align=right|1,083
			|align=right|126,066
			|-
			|align=center|2021
			|align=right|61,569
			|align=right|1,586
			|align=right|63,155
			|-
			|align=center|2022
			|align=right|206,002
			|align=right|2,376
			|align=right|208,378
			|}
			=== Top H-1B employers by visa approval ===
			{|
			|- style="vertical-align:text-top;"
			|
			{| class="wikitable sortable"
			|+ Companies receiving H-1Bs<ref name="who">{{cite magazine| url = http://www.informationweek.com/showArticle.jhtml?articleID=199601616| title = Who Gets H-1B Visas? Check Out This List| access-date = 2 June 2007| author = Marianne Kolbasuk McGee| date = May 17, 2007| magazine = ]| archive-url = https://web.archive.org/web/20071015083254/http://informationweek.com/showArticle.jhtml?articleID=199601616| archive-date = 15 October 2007| url-status = live}}</ref><ref name="bw-2007-06-07">{{cite magazine| url = http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm| title = Immigration: Google Makes Its Case| access-date = 2010-04-02| author = Peter Elstrom| date = June 7, 2007| magazine = ]| archive-url = https://web.archive.org/web/20120201043530/http://www.businessweek.com/bwdaily/dnflash/content/jun2007/db20070606_792054.htm| archive-date = February 1, 2012| url-status = dead}}</ref><ref name="2009-visas">{{cite web| url = http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009| title = List of H-1B visa employers for 2009| access-date = 2010-04-07| author1 = Jacob Sapochnick| author2 = Patrick Thibodeau| year = 2009| publisher = ], ]| archive-url = https://web.archive.org/web/20100209184120/http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009| archive-date = 2010-02-09| url-status = live}}</ref>
			! style="font-size:80%;"| '''Company'''
			! style="font-size:80%;"| '''Headquartered (City)'''
			! style="font-size:80%;"| '''Headquartered (Country)'''
			! style="font-size:80%;"| '''2006''' <br/><ref name="bw-2007-06-07-chart">{{cite magazine| url = http://www.businessweek.com/table/0518_h1btable.htm| title = Immigration: Who Gets Temp Work Visas?| access-date = 2010-04-02| author = Peter Elstrom| date = June 7, 2007| magazine = ]| archive-url = https://web.archive.org/web/20100115152725/http://www.businessweek.com/table/0518_h1btable.htm| archive-date = January 15, 2010| url-status = dead}}</ref>
			! style="font-size:80%;"| '''2007''' <br/><ref name="2007CW">{{Cite web |url=http://www.computerworld.com/pdfs/editorial/h1b.pdf |title=Computerworld, USCIS 2007 |access-date=2014-05-17 |archive-url=https://web.archive.org/web/20130102220337/http://www.computerworld.com/pdfs/editorial/h1b.pdf |archive-date=2013-01-02 |url-status=live }}</ref>
			! style="font-size:80%;"| '''2008''' <br/><ref name="2008CW">{{cite web|url=http://www.computerworld.com/s/article/9128436/List_of_H_1B_visa_employers_for_2008|title=List of H-1B visa employers for 2008|author=Patrick Thibodeau|date=23 February 2009|work=Computerworld|access-date=17 May 2014|archive-url=https://web.archive.org/web/20130405041926/http://www.computerworld.com/s/article/9128436/List_of_H_1B_visa_employers_for_2008|archive-date=5 April 2013|url-status=live}}</ref>
			! style="font-size:80%;"| '''2009''' <br/><ref name="2009CW">{{cite web|url=http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009|title=List of H-1B visa employers for 2009|author=Patrick Thibodeau|date=14 December 2009|work=Computerworld|access-date=8 April 2010|archive-url=https://web.archive.org/web/20100209184120/http://www.computerworld.com/s/article/9142152/List_of_H_1B_visa_employers_for_2009|archive-date=9 February 2010|url-status=live}}</ref>
			! style="font-size:80%;"| '''2010''' <br/><ref name="2010CW">{{cite web|url=http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm|title=Top H-1B visa user of 2010: An Indian firm|author=Patrick Thibodeau|date=11 February 2011|work=Computerworld|access-date=17 May 2014|archive-url=https://web.archive.org/web/20140517120255/http://www.computerworld.com/s/article/9208961/Top_H_1B_visa_user_of_2010_An_Indian_firm|archive-date=17 May 2014|url-status=live}}</ref>
			! style="font-size:80%;"| '''2011''' <br/><ref name="2011CW">{{cite web|url=http://www.computerworld.com/s/article/9223745/The_top_10_H_1B_visa_users_in_the_U.S.|title=The top 10 H-1B visa users in the U.S.|author1=Patrick Thibodeau|author2=and Sharon Machlis|date=27 January 2012|work=Computerworld|access-date=5 October 2012|archive-url=https://web.archive.org/web/20120508114826/http://www.computerworld.com/s/article/9223745/The_top_10_H_1B_visa_users_in_the_U.S.|archive-date=8 May 2012|url-status=live}}</ref>
			! style="font-size:80%;"|'''2012'''<br/> <ref name="2012CW">{{cite web|url=http://www.computerworld.com/s/article/9236732/The_data_shows_Top_H_1B_users_are_offshore_outsourcers|title=The data shows: Top H-1B users are offshore outsourcers|author1=Patrick Thibodeau|author2=Sharon Machlis|date=14 February 2013|work=Computerworld|access-date=17 May 2014|archive-url=https://web.archive.org/web/20140607004145/http://www.computerworld.com/s/article/9236732/The_data_shows_Top_H_1B_users_are_offshore_outsourcers|archive-date=7 June 2014|url-status=live}}</ref>
			! style="font-size:80%;"| '''2013'''<br/> <ref name="2013CW">{{cite web|url=http://www.computerworld.com/s/article/9247241/Offshore_firms_took_50_of_H_1B_visas_in_2013|title=Offshore firms took 50% of H-1B visas in 2013|author1=Sharon Machlis|author2=Patrick Thibodeau|date=1 April 2014|work=Computerworld|access-date=17 May 2014|archive-url=https://web.archive.org/web/20140510185737/http://www.computerworld.com/s/article/9247241/Offshore_firms_took_50_of_H_1B_visas_in_2013|archive-date=10 May 2014|url-status=live}}</ref>
			! style="font-size:80%;"| '''2014'''<br/><ref name="Top 20 2014"/><ref name="Infoworld 2014 Data"/>
			! style="font-size:80%;"| '''2015'''<br/><ref name="InfoWeek 2015 Top 8 companies"/>
			! style="font-size:80%;"| '''2016'''<br/><ref name= FY2016byemployer>" {{Webarchive|url=https://web.archive.org/web/20190111214233/https://www.uscis.gov/sites/default/files/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/BAHA/h-1b-2016-employers.pdf |date=2019-01-11 }}." ''United States Citizenship and Immigration Services''.</ref>
			! style="font-size:80%;"| '''2017'''<br/><ref name= FY2017byemployer>"{{Dead link|date=July 2024 |bot=InternetArchiveBot |fix-attempted=yes }}." ''United States Citizenship and Immigration Services''.</ref>
			|-
			| ]
			| ]
			| United States
			| align=right | 2,226
			| align=right | 962
			| align=right | 467
			| align=right | 233
			| align=right | 3,388
			| align=right | 4,222
			| align=right | 9,281
			| align=right | 9,986
			| align=right | 5,228
			| align=right | 15,680
			| align=right | 21,459
			| align=right | 28,908
			|-
			| ]
			| ]
			| India
			| align=right | 3,046
			| align=right | 797
			| align=right | 1,539
			| align=right |
			| align=right |
			| align=right | 1,740
			| align=right | 7,469
			| align=right | 6,258
			| align=right | 7,149
			| align=right | 6,339
			| align=right | 11,295
			| align=right | 14,697
	|-		|-
	| 1, 8
	| ]		| ]
	| ], ], ]		| ]
	| ]		| India
			| align=right | 4,900
	| 4,908
			| align=right | 4,559
	| 440
			| align=right | 4,559
			| align=right | 440
			| align=right | 3,792
			| align=right | 3,962
			| align=right | 5,600
			| align=right | 6,298
			| align=right | 4,022
			| align=right | 8,991
			| align=right | 12,780
			| align=right | 13,408
	|-		|-
			| ]
	|2, 1
	| ]		| ]
			| India
	| ], ], ]
			| align=right | 4,002
	| ]
			| align=right | 2,567
	| 4,002
			| align=right | 2,678
	| 1,964
			| align=right | 1,964
			| align=right | 1,521
			| align=right | 2,736
			| align=right | 4,304
			| align=right | 2,644
			| align=right | 3,246
			| align=right | 4,803
			| align=right | 6,819
			| align=right | 6,529
			|-
			| ]
			| ]
			| United States
			| align=right | 1,555
			| align=right | 525
			| align=right | 413
			| align=right | 563
			| align=right | 196
			| align=right | 559
			| align=right | 1,668
			| align=right | 1,491
			| align=right |
			| align=right | 559
			| align=right | 3,114
			| align=right | 6,027
			|-
			| ]
			| ]
			| Ireland
			| align=right | 637
			| align=right | 331
			| align=right | 731
			| align=right | 287
			| align=right | 506
			| align=right | 1,347
			| align=right | 4,037
			| align=right | 3,346
			| align=right | 2,376
			| align=right | 5,793
			| align=right | 6,831
			| align=right | 5,070
			|-
			| ]
			|]
			| India
			| align=right | 2,880
			| align=right | 1,396
			| align=right | 1,917
			| align=right | 219
			| align=right | 224
			| align=right |
			| align=right | 1,963
			| align=right | 1,589
			| align=right | 1,850
			| align=right | 2,657
			| align=right | 3,344
			| align=right | 4,931
			|-
			| ]
			| ]
			| United States
			| align=right | 262
			| align=right | 81
			| align=right |
			| align=right | 182
			| align=right |
			| align=right |
			| align=right |
			| align=right | 881
			| align=right | 877
			| align=right |
			| align=right | 2,739
			| align=right | 4,767
			|-
			| ]
			| ]
			| India
			| align=right | 910
			| align=right | 102
			| align=right |
			| align=right |
			| align=right |
			| align=right | 1,033
			| align=right | 2,070
			| align=right | 1,766
			| align=right | 927
			| align=right | 2,776
			| align=right | 3,492
			| align=right | 4,392
	|-		|-
	|3, 2
	| ]		| ]
	| ]		| ]
	| ]		| United States
	| 3,117		| align=right | 3,117
			| align=right | 959
	| 1,318
			| align=right | 1,037
			| align=right | 1,318
			| align=right | 1,618
			| align=right | 947
			| align=right | 1,497
			| align=right | 1,048
			| align=right | 850
			| align=right |
			| align=right | 3,556
			| align=right | 4,069
	|-		|-
			| ]
	| 4
	| ]		| ]
			| France
	| ], ], ]
			| align=right | 309
	| ]
			| align=right | 99
	| 3,046
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 699
			| align=right | 536
			| align=right |
			| align=right | 3,276
			| align=right | 3,580
	|-		|-
			| ]
	| 5, 22
	| ]		| ]
			| United States
	| ], ], ]
			| align=right | 1,324
	| ]
			| align=right | 199
	| 2,880
			| align=right | 381
	| 219
			| align=right | 865
			| align=right | 882
			| align=right | 853
			| align=right | 1,846
			| align=right | 1,624
			| align=right | 1,513
			| align=right | 2,500
			| align=right | 3,569
			| align=right | 3,000
	|-		|-
			| ]
	| 6, 20
	| ]		| ]
			| United Kingdom
	| ], ]<ref name="Cognizant World HQ">{{cite web
			| align=right | 774
	| url = http://www.cognizant.com/html/contacts/contacts.asp
			| align=right | 302
	| title = Cognizant Technology Solutions : Contacts
			| align=right | 321
	| accessdate = 2007-07-05
			| align=right | 481
	}}</ref>
			| align=right |
	| ]
			| align=right |
	| 2,226
			| align=right |
	| 233
			| align=right | 373
			| align=right |
			| align=right |
			| align=right | 1,552
			| align=right | 2,986
	|-		|-
			| ]
	| 7, 5
			| ]
	| ]
			| United States
	| ], ], ]
			| align=right | 328
	| ]
			| align=right | 248
	| 1,391
			| align=right | 207
	| 609
			| align=right | 211
			| align=right | 172
			| align=right | 383
			| align=right |
			| align=right | 753
			| align=right | 728
			| align=right |
			| align=right | 2,517
			| align=right | 2,758
	|-		|-
			| ]
	| 8, 4
			| ]
	| ] (India, Private Ltd.)
			| United States
	| ], ]
			| align=right | 828
	| ]
			| align=right | 369
	| 1,130
			| align=right | 351
	| 695
			| align=right | 723
			| align=right |
			| align=right |
			| align=right |
			| align=right | 772
			| align=right | 700
			| align=right |
			| align=right | 1,873
			| align=right | 2,625
	|-		|-
			| ]
	| 9, 15
	| ]		| ]
			| United States
	| ], ]
			| align=right | 416
	| ]
			| align=right | 130
	| 1,022
			| align=right |
	| 272
			| align=right | 129
			| align=right |
			| align=right |
			| align=right | 1,161
			| align=right | 1,149
			| align=right | 1,080
			| align=right |
			| align=right | 2,286
			| align=right | 2,119
			|-
			| ]
			| ]
			| United States
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 443
			| align=right |
			| align=right | 1,992
			| align=right | 2,055
	|-		|-
	| 10, 6
	| ]		| ]
	| ], ], ]		| ]
	| ]		| India
	| 947		| align=right | 947
			| align=right | 292
	| 602
			| align=right | 403
			| align=right | 602
			| align=right | 333
			| align=right | 1,204
			| align=right | 1,832
			| align=right | 1,001
			| align=right | 1,298
			| align=right |
			| align=right | 2,701
			| align=right | 1,864
	|-		|-
			| ]
	| , 3
			| ]
	| ]
			| United States
	|
			| align=right | 828
	| ]
			| align=right | 324
	|
			| align=right | 422
	| 723
			| align=right | 308
			| align=right |
			| align=right |
			| align=right |
			| align=right | 379
			| align=right | 246
			| align=right |
			| align=right | 1,529
			| align=right | 1,587
	|-		|-
			| ]
	| , 7
			| ]
	| ERNST & YOUNG LLP
			| United States
	|
			| align=right |
	|
			| align=right |
	|
			| align=right |
	| 481
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 1,107
			| align=right | 1,566
	|-		|-
			| ] (merged with ])
	| , 8
			| ] and ]
	| UST GLOBAL
			| United States and India
	|
			| align=right | 1,391
	|
			| align=right | 477
	|
			| align=right | 296
	| 344
			| align=right | 609
			| align=right | 164
			| align=right |
			| align=right | 1,260
			| align=right | 1,157
			| align=right | 886
			| align=right |
			| align=right |
			| align=right |
	|-		|-
			| ]
	| , 9
			| ]
	| DELOITTE CONSULTING LLP
			| United States
	|
			| align=right | 533
	|
			| align=right | 158
	|
			| align=right | 255
	| 328
			| align=right | 320
			| align=right |
			| align=right |
			| align=right |
			| align=right | 909
			| align=right | 218
			| align=right |
			| align=right | 1,143
			| align=right |
	|-		|-
			| ]
	| , 10
			| ]
	| QUALCOMM INC
	|		| India
			| align=right | 751
	|
			| align=right | 248
	|
			| align=right | 251
	| 320
			| align=right | 229
			| align=right | 197
			| align=right |
			| align=right |
			| align=right | 556
			| align=right | 405
			| align=right |
			| align=right |
			| align=right |
	|-		|-
			| ]
	|
			| ]
	|
			| United States
	|
			| align=right | 1,022
	|
			| align=right | 113
	|
			| align=right | 168
			| align=right | 272
			| align=right |
			| align=right |
			| align=right |
			| align=right | 475
			| align=right | 365
			| align=right |
			| align=right | 1,448
			| align=right |
			|-
			| ]
			| ]
			| United States
			| align=right | 339
			| align=right | 416
			| align=right |
			| align=right | 344
			| align=right |
			| align=right |
			| align=right |
			| align=right | 475
			| align=right | 421
			| align=right |
			| align=right | 1,136
			| align=right |
			|-
			|]
			| ]
			| United Kingdom
			| align=right | 591
			| align=right | 192
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 449
			| align=right | 138
			| align=right |
			| align=right |
			| align=right |
			|-
			| ]
			|]
			| United States
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 873
			| align=right |
			| align=right |
			| align=right |
			|-
			| ]
			| ]
			| India
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right |
			| align=right | 487
			| align=right |
			| align=right | 1,103
			| align=right |
			|}
	|}		|}
	{| class="wikitable"		{| class="wikitable"
	|+ Top 10 universities and schools receiving H-1Bs<ref name="who" /> <ref name="bw-2007-06-07-chart"/> <ref name="bw-2007-06-07"/>		|+ Top 10 H-1B Receiving Universities<ref name="who" /><ref name="bw-2007-06-07"/><ref name="bw-2007-06-07-chart"/>
	| '''School'''		| '''School'''
	| '''H-1Bs Received 2006'''		| '''H-1Bs Received 2006'''
	|-		|-
	| ]		| ]
	| 642		| align=right |642
	|-		|-
	| ]		| ]
	| 437		| align=right |437
	|-		|-
	| ]		| ]
	| 434		| align=right |434
	|-		|-
	| ]		| ]
	| 432		| align=right |432
	|-		|-
	| ]		| ]
	| 432		| align=right |432
	|-		|-
	|]		|]
	|404		| align=right |404
	|-		|-
	|]		|]
	|355		| align=right |355
	|-		|-
	|]		|]
	|316		| align=right |316
	|-		|-
	|]		|]
	|308		| align=right |308
	|-		|-
	| ]		| ]
	|279		| align=right |279
	|-		|-
	| ]		| ]
	| 278		| align=right | 278
	|-		|-
	| ]		| ]
	|275		| align=right |275
	|}		|}
	{| class="wikitable"		{| class="wikitable"
			|+Top 10 Employers for H-1B Visas (LCA filed)<ref>" {{Webarchive|url=https://web.archive.org/web/20180830005008/https://www.foreignlaborcert.doleta.gov/pdf/PerformanceData/2018/H-1B_Selected_Statistics_FY2018_Q2.pdf |date=2018-08-30 }}". ''U.S. Citizenship and Immigration Services''.</ref>
	|+ Top ten U.S. technology companies receiving H-1Bs<ref name="who" /> <ref name="bw-2007-06-07-chart"/> <ref name="bw-2007-06-07"/>
	| '''Company'''		!Company Name
			!Fiscal Year 2018
	| '''H-1Bs Received 2006'''
	|-		|-
			|Ernst & Young
	| ]
			| align=right |140,766
	| 3517
	|-		|-
	| ]		|Cognizant
			| align=right |38,205
	| 2226
	|-		|-
			|Deloitte
	| ]
			| align=right |31,988
	| 1130
	|-		|-
			|HCL Technologies
	| ]
			| align=right |23,812
	| 1022
	|-		|-
			|Apple
	| ]
			| align=right |20,168
	| 828
	|-		|-
			|Qualcomm Technologies
	| ]
			| align=right |15,612
	| 828
	|-		|-
			|Tata Consultancy Services
	| ]
			| align=right |15,581
	| 760
	|-		|-
			|Amazon Fulfillment Services
	| ]
			| align=right |11,644
	| 533
	|-		|-
			|Kforce
	| ]
			| align=right |10,553
	| 347
	|-		|-
			|Mphasis Corporation
	| ]
			| align=right |10,403
	| 333
	|-
	| ]
	| 328
	|}		|}
	==See also==		==Notes==
			{{Reflist|30em|refs =
	* ]
	* ]
			<ref name="USCISCharacteristicsFY2006">" {{Webarchive|url=https://web.archive.org/web/20111024164314/http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Resources%20-%202nd%20Level/h1B_fy06_characteristics_report_17mar09.pdf |date=2011-10-24 }}". ''U.S. Citizenship and Immigration Services''.</ref>
	* ]
	* ]
			<ref name="USCISCharacteristicsFY2007">" {{Webarchive|url=https://web.archive.org/web/20111024163824/http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Resources%20-%202nd%20Level/h1b_fy07_characteristics_report_30mar09.pdf |date=2011-10-24 }}". ''U.S. Citizenship and Immigration Services''.</ref>
	* ]
			<ref name="USCISCharacteristicsFY2008">" {{Webarchive|url=https://web.archive.org/web/20111024164301/http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Resources%20-%202nd%20Level/h1b_fy08_characteristics_report_01may09.pdf |date=2011-10-24 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			<ref name="USCISCharacteristicsFY2009">" {{Webarchive|url=https://web.archive.org/web/20101231025335/http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-09-characteristics.pdf |date=2010-12-31 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			<ref name="USCISCharacteristicsFY2010">" {{Webarchive|url=https://web.archive.org/web/20120921052809/http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/FY10H-1BSpecialtyOccupationalWorkers.pdf |date=2012-09-21 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			<ref name="USCISCharacteristicsFY2011">" {{Webarchive|url=https://web.archive.org/web/20121010123623/http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/H-1B/h1b-fy-11-characteristics.pdf |date=2012-10-10 }}". ''U.S. Citizenship and Immigration Services''.</ref>
			<ref name="Computerworld Lottery">{{cite news|author1=Patrick Thibodeau|author2=Sharon Machlis|title=Despite H-1B lottery, offshore firms dominate visa use|url=http://www.computerworld.com/article/2954612/it-outsourcing/despite-h-1b-lottery-offshore-firms-dominate-visa-use.html|access-date=21 February 2016|publisher=]|date=30 July 2015|archive-url=https://web.archive.org/web/20160420192717/http://www.computerworld.com/article/2954612/it-outsourcing/despite-h-1b-lottery-offshore-firms-dominate-visa-use.html|archive-date=20 April 2016|quote=With the exception of a few tech firms -- notably Microsoft, Google, Amazon and Oracle -- the top 25 H-1B-using firms are either based in India or are U.S. firms running large offshore operations.}}</ref>
			<ref name="NYT Gaming System">{{cite news|last1=Julia|first1=Preston|title=Large Companies Game H-1B Visa Program, Costing the U.S. Jobs|url=https://www.nytimes.com/2015/11/11/us/large-companies-game-h-1b-visa-program-leaving-smaller-ones-in-the-cold.html|access-date=21 February 2016|newspaper=The New York Times|date=10 November 2015|archive-url=https://web.archive.org/web/20160126080056/http://www.nytimes.com/2015/11/11/us/large-companies-game-h-1b-visa-program-leaving-smaller-ones-in-the-cold.html|archive-date=26 January 2016}}</ref>
			<ref name="Disney NYTimes">{{cite news|author1=Julia Preston|title=Pink Slips at Disney. But First, Training Foreign Replacements.|url=https://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html|access-date=18 November 2015|newspaper=The New York Times|date=3 June 2015|quote=Instead, about 250 Disney employees were told in late October that they would be laid off. Many of their jobs were transferred to immigrants on temporary visas for highly skilled technical workers, who were brought in by an outsourcing firm based in India.|archive-url=https://web.archive.org/web/20151114213549/http://www.nytimes.com/2015/06/04/us/last-task-after-layoff-at-disney-train-foreign-replacements.html|archive-date=14 November 2015|url-status=live}}</ref>
			<ref name="Computerworld Muzzled">{{cite news|author1=Patrick Thibodeau|title=Laid-off IT workers muzzled as H-1B debate heats up|url=http://www.computerworld.com/article/3027640/it-outsourcing/laid-off-it-workers-muzzled-as-h-1b-debate-heats-up.html|access-date=21 February 2016|publisher=]|date=28 January 2016|archive-url=https://web.archive.org/web/20160420193016/http://www.computerworld.com/article/3027640/it-outsourcing/laid-off-it-workers-muzzled-as-h-1b-debate-heats-up.html|archive-date=20 April 2016|quote=That clause has kept former Eversource employees from speaking out because of fears the utility will sue them if they say anything about their experience. The IT firms that Eversource uses, Infosys and Tata Consultancy Services, are major users of the H-1B visa}}</ref>
			<ref name="FWD Increase cap 2015">{{cite web|author1=Raif Karerat|title=Increase the cap on H-1B visas: Todd Schulte of FWD.us|url=http://www.americanbazaaronline.com/2015/04/14/increase-the-cap-on-h-1b-visas-todd-schulte-of-fwd-us/|publisher=The American Bazaar|access-date=21 February 2016|archive-url=https://web.archive.org/web/20160221025131/http://www.americanbazaaronline.com/2015/04/14/increase-the-cap-on-h-1b-visas-todd-schulte-of-fwd-us/|archive-date=21 February 2016|date=14 April 2015}}</ref>
			<!--REFERENCE NOT USED IN ARTICLE
			<ref name="Dual Intent">{{cite web|author1=Henry J. Chang|title=Immigrant Intent and the Dual Intent Doctrine|url=http://www.americanlaw.com/dintent.html|access-date=29 February 2016|archive-url=https://web.archive.org/web/20160229145003/http://www.americanlaw.com/dintent.html|archive-date=29 February 2016|quote=The exemption of H-1 and L nonimmigrants from the presumption of immigrant intent resulted from §205(b)(1) of the Immigration Act of 1990 ("IMMACT 90"), Pub. L. No. 101-649, 104 Stat. 4978; effective October 1, 1991. While the requirement to maintain an unabandoned foreign residence abroad never applied to L nonimmigrants, §205(e) of IMMACT 90 eliminated the foreign residence requirement for H-1 nonimmigrants.}}</ref>-->
			<ref name="InfoWeek 2015 Top 8 companies">{{cite magazine|author1=Dawn Kawamoto|title=8 Biggest H-1B Employers In 2015|url=http://www.informationweek.com/government/8-biggest-h-1b-employers-in-2015/d/d-id/1324807|access-date=30 March 2016|magazine=Information Week|date=24 March 2016|pages=1–9|archive-url=https://web.archive.org/web/20160330073200/http://www.informationweek.com/government/8-biggest-h-1b-employers-in-2015/d/d-id/1324807|archive-date=30 March 2016|url-status=live}}</ref>
			<ref name="Top 20 2014">{{cite news|author1=Haeyoun Park|title=How Outsourcing Companies Are Gaming the Visa System|url=https://www.nytimes.com/interactive/2015/11/06/us/outsourcing-companies-dominate-h1b-visas.html|access-date=9 April 2016|newspaper=]|date=10 November 2015|archive-url=https://web.archive.org/web/20160409082634/http://www.nytimes.com/interactive/2015/11/06/us/outsourcing-companies-dominate-h1b-visas.html|archive-date=9 April 2016|url-status=live}}</ref>
			<ref name="Infoworld 2014 Data">{{cite magazine|author1=Patrick Thibodeau|author2=Sharon Machlis|title=Despite H-1B lottery, offshore firms dominate visa use|url=http://www.infoworld.com/article/2954726/government/despite-h-1b-lottery-offshore-firms-dominate-visa-use.html|access-date=10 April 2016|magazine=]|date=30 July 2015|archive-url=https://web.archive.org/web/20160410031203/http://www.infoworld.com/article/2954726/government/despite-h-1b-lottery-offshore-firms-dominate-visa-use.html|archive-date=10 April 2016}}</ref>
			<ref name="H-4 Chicago Tribune">{{cite news
			|author1=Meredith Rodriguez
			|title=New visa rule to benefit South Asian immigrants
			|url=http://www.chicagotribune.com/news/ct-h4-work-authorization-met-20150704-story.html
			|accessdate=November 21, 2015
			|newspaper=]
			|date=July 4, 2015
			|quote=The suit was filed as part of "one battle in a larger war," Miano said. The permission given to H-4 visa holders to work, he said, is one example of the government trying to circumvent protections for American workers by allowing people to work on visas that are not intended as working visas.
			|archive-url=https://web.archive.org/web/20151121004215/http://www.chicagotribune.com/news/ct-h4-work-authorization-met-20150704-story.html
			|archive-date= November 21, 2015}}</ref>
			<ref name="OPT Social Security">{{cite news
			|author1=Kenric Ward |title=Court ruling challenges Obama immigration action
			|url=http://watchdog.org/185284/obama-tech-immigration
			|accessdate=November 17, 2015
			|publisher=Franklin Center for Government & Public Integrity
			|date=December 2, 2014
			|quote=Foreign students or recent graduates can use student F-1 visas to take jobs through OPT. Employers don’t have to pay them a prevailing wage, and they are exempt from Medicare and Social Security taxes, making OPT workers “inherently cheaper” than U.S. workers, the lawsuit argues.}}</ref>
			<ref name="U.S. News & World Report">{{cite magazine
			|author=Alan Neuhauser
			|title=50,000 Foreign-Born STEM Workers May Be Forced Home
			|url=https://www.usnews.com/news/stem-solutions/articles/2015/09/09/court-ruling-homeland-security-misstep-imperils-50-000-stem-workers
			|accessdate=November 17, 2015
			|magazine=]
			|date=September 9, 2015
			|quote= Labor unions and conservative immigration groups, by contrast, allege it essentially created a loophole, one that robs American workers of some of the fastest-growing and highly paid jobs in the country by making it easier for companies to hire young, recent graduates who, thanks to their student-visa status, are largely tax-exempt and therefore may be cheaper to hire.}}</ref>
			}}
	==References==		==References==
	#United States Citizenship and Immigration Service, "Characteristics of Specialty Occupation Workers (H-1B)", for FY 2004 and FY 2005, November 2006.		#United States Citizenship and Immigration Service, "Characteristics of Specialty Occupation Workers (H-1B)," for FY 2004 and FY 2005, November 2006.
	# , 22 Jan 2009 (Microsoft Lays off 5,000 even as they use 3,117 visas in 2006.)		# , ''Bloomberg'', 22 Jan 2009 (Microsoft Lays off 5,000 even as they use 3,117 visas in 2006.)
	#], Chairman of ], Hearing "Strengthening American Competitiveness for the 21st Century". March 7, 2007		#], Chairman of ], Hearing "Strengthening American Competitiveness for the 21st Century." March 7, 2007
	#		#
	# 7 Jun 2007 (Top 200 H1B Visa Users Chart)		# 7 Jun 2007 (Top 200 H-1B Visa Users Chart)
	# , 25 May 2007.		# , 25 May 2007.
	# , 15 May 2007.		# , 15 May 2007.
	# Dr. ], , Testimony to the U.S. House Judiciary Committee, April 1998, updated December 2002		# Dr. ], {{Webarchive|url=https://web.archive.org/web/20110126074053/http://heather.cs.ucdavis.edu/itaa.real.html |date=2011-01-26 }}, Testimony to the U.S. House Judiciary Committee, April 1998, updated December 2002
			#
	# , Immigration attorneys from Cohen & Grigsby explains how they assist employers in running classified ads with the goal of NOT finding any qualified applicants.
			# , June 18, 2003 (House)
	#
			# , 2005.
	#
	#
	# , June 18, 2003 (House)
	# , 2005.
	#
	==Notes==		==Further reading==
			* , Pittsburgh Post-Gazette, June 22, 2007
	{{Reflist|2}}
			* {{Webarchive|url=https://web.archive.org/web/20080221195357/http://www.informationweek.com/news/showArticle.jhtml?articleID=199906044 |date=2008-02-21 }} Sen. Chuck Grassley and Rep. Lamar Smith ask the Labor Department to look into a video they say documents H-1B abuse by companies. ''Information Week'', June 21, 2007
			* {{Webarchive|url=https://web.archive.org/web/20100410024254/http://urban.org/UploadedPDF/411562_Salzman_Science.pdf |date=2010-04-10 }} – ''Into the Eye of the Storm: Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand'' B. Lindsay Lowell and Hal Salzman
			* "(2013) Hal Salzman, Daniel Kuehn, B. Lindsay Lowell Economic Policy Institute"
	==External links for H-1B information==		==External links==
	*		*
	*		* {{Webarchive|url=https://web.archive.org/web/20110523235536/http://www.gao.gov/new.items/he00157.pdf |date=2011-05-23 }}
			*
	*
	*
	*
	*
	===Abuse of the H-1B program===
	*, Pittsburgh Post-Gazette, June 22, 2007
	* Sen. Chuck Grassley and Rep. Lamar Smith ask the Labor Department to look into a video they say documents H-1B abuse by companies. ''Information Week'', June 21, 2007
	* – The study raises questions about the use of test scores by visa-worker-seeking technology companies to claim that American citizens are not qualified.
	* – A Duke University Study
	* Communication Workers of America Union
	* An H-1B coalition.
	* Numbers USA – organization about protecting USA citizens jobs
	* A professional society
	* Technical Workers Uniting for information on their jobs
	* Shedding light on H-1B visa abuse.
	Bridge to Immigration or Cheap Temporary Labor? The H-1B & L-1 Visa Programs Are a Source of Both
	{{United States visas}}		{{United States visas}}
			{{DEFAULTSORT:H-1B visa}}
	]		]
	]		]
			]
	]
	]
	]

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Latest revision as of 23:18, 27 December 2024

US employment visa for specialty occupations

H-1B Visa

Type	Non-immigrant work visa
Purpose	Employment of foreign workers in specialty occupations
Enacted	Immigration Act of 1990; roots in H-1 visa from Immigration and Nationality Act of 1952; modified by American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and subsequent legislation
Eligibility	Bachelor's degree or higher in specific specialty Job offer for a specialty occupation Employer sponsorship
Duration	Initially up to 3 years, extendable to 6 years; further extensions possible under certain conditions (e.g., pending green card applications)
Annual Cap	65,000 regular cap 20,000 additional for U.S. advanced degree holders 1,400 for Chilean nationals (H-1B1) 5,400 for Singapore nationals (H-1B1) Cap exemptions for certain employers (e.g., higher education institutions, nonprofit research organizations)
Application Process	Employer submits electronic registration for H-1B lottery (implemented in 2020) If selected, employer files Labor Condition Application (LCA) Employer submits Form I-129 to USCIS Applicant applies for visa at U.S. consulate (if abroad)
Dependents	Spouse and unmarried children under 21 eligible for H-4 visas
Work Authorization	H-1B holder: Allowed to work for sponsoring employer H-4 dependents: Eligible if H-1B spouse has approved I-140 immigrant petition or H-1B status beyond 6 years under AC21
Dual Intent	Allowed (can pursue permanent residency)
Oversight	U.S. Citizenship and Immigration Services (USCIS)
v t e

The H-1B is a visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H), that allows United States employers to employ foreign workers in specialty occupations. It is the largest visa category in the United States in terms of guest worker numbers. A specialty occupation requires the application of specialized knowledge and a bachelor's degree or the equivalent of work experience. The duration of stay is three years, extendable to six years, after which the visa holder can reapply. Laws limit the number of H-1B visas that are issued each year. There exist congressionally mandated caps limiting the number of H-1B visas that can be issued each fiscal year, which is 65,000 visas, and an additional 20,000 set aside for those graduating with master’s degrees or higher from a U.S. college or university. An employer must sponsor individuals for the visa. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019. The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991. There were 206,002 initial and continuing H-1B visas issued in 2022.

The H-1B visa has its roots in the H-1 visa of the Immigration and Nationality Act of 1952. The Immigration Act of 1990 split the H-1 visa into the H-1A (for nurses) and H-1B. The law capped H-1B visas at 65,000 each fiscal year and required employers to submit Labor Condition Applications. Additional modifications to H-1B rules were made by legislation in 1998, 2000, in 2003 for Singapore and Chile, in the H-1B Visa Reform Act of 2004, 2008, and 2009. United States Citizenship and Immigration Services has modified the rules in the years since then.

H-1B visa structure

An H-1B visa allows an individual to temporarily work in a specialty occupation in the United States.

Specialty occupation

The regulations define a specialty occupation as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor, including but not limited to biotechnology, chemistry, computing, architecture, engineering, statistics, physical sciences, journalism, medicine and health (doctors, dentists, nurses, physiotherapists, etc.), economics, education, research, law, accounting, business specialties, technical writing, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability"). Likewise, the foreign worker must possess at least a bachelor's degree or equivalent and state licensure, if required to practice in that field. H-1B work authorization is strictly limited to employment by the sponsoring employer.

Employment

A person in H-1B status must continue to be employed by their employer in order to stay in H-1B status. If the person's employment ends for any reason, the person must leave the United States, unless the person applies for and is granted a change of status or finds another employer compatible with the H-1B status. Effective January 17, 2017, the United States Citizenship and Immigration Services allows a grace period of up to 60 days after employment termination to stay in the United States.

Stay duration

The duration of stay for an H-1B visa holder is typically six years. The American Competitiveness in the 21st Century Act of 2000 created exceptions to maximize length of stay in certain circumstances:

• If a visa holder has submitted an I-140 immigrant petition or a Permanent Labor Certification prior to their fifth anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year increments until a decision has been rendered on their application for permanent residence. This is backed up by the Immigration and Nationality Act 106(a).
• If the visa holder has an approved I-140 immigrant petition but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa until their adjustment of status can finish. This exception originated in section 104a (AC21 104a).
• The maximum duration of the H-1B visa is ten years for exceptional United States Department of Defense project related work.

A time increment of less than three years has sometimes applied to citizens of specific countries. For example, during Melania Trump's time as a H-1B visa holder, she was limited to one year increments, which was the maximum time allowed then per H-1B visa for citizens of Slovenia. Melania Trump became a citizen in 2006.

H-1B holders who want to continue to work in the U.S. after six years, but who have not obtained permanent residency status, must remain outside of the U.S. for one year before reapplying for another H-1B visa if they do not qualify for one of the exceptions noted above allowing for extensions beyond six years. Despite a limit on length of stay, no requirement exists that the individual remain for any period in the job the visa was originally issued for. This is known as H-1B portability or transfer, provided the new employer sponsors another H-1B visa, which may or may not be subjected to the quota.

Annual cap and exemptions

The Immigration Act of 1990 established a limit of 65,000 foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year; the annual limit is often called a quota or a cap. The H-1B Visa Reform Act of 2004 added 20,000 additional H-1Bs to foreign nationals holding a master's or higher degree from U.S. universities. In addition, excluded from the ceiling are all H-1B non-immigrants who are employed (or have received an offer of employment) at any of the following:

• an institution of higher education
• a nonprofit entity related or affiliated to an institution of higher education
• a nonprofit research organization
• a governmental research organization

Contractors working at, but not directly employed by, these institutions may be exempt from the annual quotas as well. However, employers must show that, first, the majority of the worker's duties will be performed at the qualifying institution, organization or entity and, second, the job duties directly and predominantly further the essential purpose, mission objectives or functions of the qualifying institution, organization, or entity.

The Chile–United States Free Trade Agreement and the Singapore–United States Free Trade Agreement created a separate quota of 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. If these reserved visas are not used, however, then they added to the following fiscal year's H-1B annual quota.

Due to these exemptions and rollovers, the number of H-1B visas issued each year is often greater than 65,000, such as when 117,828 H-1B visas were issued in fiscal year 2010, 129,552 in fiscal year 2011, and 135,991 in fiscal year 2012.

In some years, the cap was not reached. For example, in fiscal year 1996, the Immigration and Naturalization Service (now known as USCIS) announced on August 20, 1996, that a preliminary report indicated that the quota had been exceeded, and processing of H-1B applications was temporarily halted. However, when more accurate numbers became available on September 6, it became apparent the quota had not been reached after all, and processing resumed for the remainder of the fiscal year.

The United States Citizenship and Immigration Services starts accepting applications on the first business day of April for visas that count against the fiscal year starting in October. For instance, H-1B visa applications that count against the fiscal year 2013 cap were submitted starting Monday, 2012 April 2. USCIS accepts H-1B visa applications no more than 6 months in advance of the requested start date. Beneficiaries not subject to the annual cap are those who currently hold cap-subject H-1B status or have held cap-subject H-1B status at some point in the past six years.

Electronic registration process and lottery

In 2020, USCIS instituted a new electronic registration process where employers no longer need to send a fully completed H-1B filing package. Instead, during March (exact dates are announced by USCIS every year) of every year, employers can submit an electronic registration for a $10 non-refundable fee through a new USCIS H-1B Electronic Registration system. These employers can begin creating a USCIS registrant account starting in February of a year(USCIS usually gives the dates). USCIS requires only basic information to register for the H-1B lottery, which is unlike the actual H-1B petition in April.

The annual H-1B season officially starts in March of each year, when petitioners are allowed to register electronically for their applicant. If more registrations are submitted there will be a random selection also called as H-1B lottery. The lottery will determine who gets an option to file H-1B visa petition with USCIS.

As of the most recent H-1B season, on March 31, 2023 USCIS notifies the selected registrants. During the FY 2024 H-1B lottery, there were 758,994 eligible electronic registrations and 110,791 people selected for an H-1B visa.

Selected registrants can legally begin filing their Labor Conditions Application to the Department of Labor on April 1. It allows a six-month window before the employee start date on October 1.

Participants with a U.S. master's degree or higher have two chances to be selected in the lottery: the first lottery is for the 65,000 visas available to all H-1B applicants. Those not selected are then entered in another lottery for 20,000 extra spots. Those without a U.S. advanced degree are entered only in the former lottery.

Feedback

Pro-H-1B pundits claim that the early closure, and number of applications received, including H-1B Lottery for the last 10 consecutive years, are indications of employment demand and advocate increasing the 65,000 bachelor's degree cap.

Legal challenge

The lottery process was challenged in Tenrec v. USCIS, a class action lawsuit in Oregon, but the case was decided against the plaintiffs.

On June 28, 2021, the lottery process was challenged again in Liu et al. v. Mayorkas et al., a lawsuit filed in United States District Court for the District of Columbia by 500+ FY 2022 H-1B applicants who didn't get selected in March 2021. The plaintiffs' primary argument posited that the lottery process, which is based on registration, contradicts the Immigration and Nationality Act. This act stipulates that the H1-B quota should be based on individuals. Therefore, the lottery should be conducted on an individual basis, regardless of how many registrations are submitted by each individual. However, Judge McFadden ruled against the plaintiffs, stating that the INA only governs the manner in which the H1-B quota for issuance operates, not the lottery itself. Despite the plaintiffs' loss in the case, on October 23, 2023, USCIS announced its intention to adopt the idea and propose changing the lottery to be conducted on an individual basis.

The Labor Condition Application

Main article: Labor Condition Application

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do not displace or adversely affect wages or working conditions of U.S. workers. For every H-1B petition filed with the USCIS, there must be included a Labor Condition Application (LCA) (not to be confused with the Permanent Labor Certification), certified by the U.S. Department of Labor. The LCA is designed to ensure that the wage offered to the non-immigrant worker meets or exceeds the "prevailing wage" in the area of employment. ("Immigration law has a number of highly technical terms that may not mean the same thing to the average reader.") The LCA also contains an attestation section designed to prevent the program from being used to import foreign workers to break a strike or replace U.S. citizen workers.

While an employer is not required to advertise the position before hiring an H-1B non-immigrant pursuant to the H-1B visa approval, the employer must notify the employee representative about the Labor Condition Application (LCA)—or if there is no such representation, the employer must publish the LCA at the workplace and the employer's office. Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B workers are required to make these records available to any member of the public who requests to look at them. Copies of the relevant records are also available from various web sites, including the Department of Labor.

History

The LCA must be filed electronically using Form ETA 9035E. Over the years, the complexity of the form increased from one page in 1997 to three pages in 2008, to five pages as of August 2012.

Employer attestations

By signing the LCA, the employer attests that:

• The employer pays H-1B non-immigrants the same wage level paid to all other individuals with similar experience and qualifications for that specific employment, or the prevailing wage for the occupation in the area of employment, whichever is higher.
• The employment of H-1B non-immigrants does not adversely affect working conditions of workers similarly employed.
• On the date the application is signed and submitted, there is not a strike, lockout, or work stoppage in the course of a labor dispute in the occupation in which H-1B non-immigrants will be employed at the place of employment. If such a strike or lockout occurs after this application is submitted, the employer must notify the DOL's Employment and Training Administration (ETA) within three days, and the application is not used to support petition filings with USCIS (formerly known as INS) for H-1B non-immigrants to work in the same occupation at the place of employment until ETA determines the strike or lockout is over.
• A copy of this application has been, or will be, provided to each H-1B non-immigrant employed pursuant to this application, and, as of the application date, notice of this application has been provided to workers employed in the occupation in which H-1B non-immigrants will be employed:
  • Notice of this filing has been provided to bargaining representative of workers in the occupation in which H-1B non-immigrants will be employed; or
  • There is no such bargaining representative; therefore, a notice of this filing has been posted and was, or will remain, posted for 10 days in at least two conspicuous locations where H-1B non-immigrants will be employed.

The law requires H-1B workers to be paid the higher of the prevailing wage for the same occupation and geographic location, or the same as the employer pays to similarly situated employees. Other factors, such as age and skill were not permitted to be taken into account for the prevailing wage. Congress changed the program in 2004 to require the Department of Labor to provide four skill-based prevailing wage levels for employers to use. This is the only prevailing wage mechanism the law permits that incorporates factors other than occupation and location.

The approval process for these applications are based on employer attestations and documentary evidence submitted. The employer is advised of their liability if they are replacing a U.S. worker.

Employment authorization limits

USCIS clearly states the following concerning H-1B nonimmigrants' employment authorization.

H-1B nonimmigrants may only work for the petitioning U.S. employer and only in the H-1B activities described in the petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all applicable rules (e.g., Department of Labor rules) are followed. Generally, a nonimmigrant employee may work for more than one employer at the same time. However, each employer must follow the process for initially applying for a nonimmigrant employee.

When a H-1B nonimmigrant works with multiple employers, if any of employers fail to file the petition, it is considered as an unauthorized employment and the nonimmigrant fails to maintain the status.

U.S. workforce training

In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA), reported on two programs, the High Growth Training Initiative and Workforce Innovation Regional Economic Development (WIRED), which have received or will receive $284 million and $260 million, respectively, from H-1B training fees to educate and train U.S. workers. According to the Seattle Times $1 billion from H-1B fees have been distributed by the Labor Department to further train the U.S. workforce since 2001.

H-1B tax status

The taxation of income for an individual with H-1B status depends on whether they are categorized as either nonresident aliens or resident aliens for tax purposes. A nonresident alien for tax purposes is only taxed on income that is effectively connected with a trade or business in the United States and United States-source income that is fixed, determinable, annual, or periodical. A resident alien for tax purposes is taxed on all income, including income from outside the United States.

The classification is determined based on the substantial presence test. If the substantial presence test indicates that the individual is a resident, then income taxation is like any other U.S. person and may be filed using Form 1040 and the necessary schedules. Otherwise, the individual must file as a non-resident alien using Form 1040NR or Form 1040NR-EZ; the individual may claim a benefit from tax treaties that exist between the United States and the individual's country of citizenship.

An individual in the first year in the U.S. may choose to be considered a resident for taxation purposes for the entire year, and must pay taxes on their worldwide income for that year. This first-year choice can only be made once in an individual's lifetime. A spouse, regardless of visa status, must include a valid Individual Taxpayer Identification Number or Social Security number on a joint tax return with the individual in H-1B status.

Tax filing rules for an individual in H-1B status may be complex, depending on the individual situation. A tax professional who is knowledgeable about the rules for foreigners may be consulted.

Social Security tax and Medicare tax

Employers must generally withhold Social Security and Medicare taxes from the wages paid to employees in H-1B status.

Similarly to U.S. citizens, a person who worked in H-1B status may be eligible to receive Social Security benefit payments at retirement. Generally, a worker must have worked in the U.S. and paid Social Security taxes obtaining at least 40 credits before retirement. The person will not be eligible for payments if the person moves outside the U.S. and is a citizen of a country with a social insurance system or a pension system that pays periodic payments upon old age, retirement, or death.

The U.S. has bilateral agreements with several countries to ensure that the credit granted into the U.S. Social Security system, even if it is fewer than 40 credits, is taken into account in the foreign country's comparable system and vice versa.

H-1B and permanent immigration intention

Even though the H-1B visa is a non-immigrant visa, it is one of the few temporary visa categories recognized as dual intent, meaning an H-1B holder could legally have an immigration intent (apply for and obtain the green card) while still being a holder of the H-1B visa. Effectively, the non-immigrant visa may eventually lead to permanent residence; companies often support it with the agreement to support the employee with green card petitions.

In the past, the employment-based green card process used to take only a few years, less than the duration of the H-1B visa itself because requirement to maintain a foreign address for this non-immigrant classification was removed in the Immigration Act of 1990. The Trump administration in 2017 expressed its dislike of the use of the H-1B visa, a nonimmigrant visa, as a pathway to permanent residence, and said it intended to restructure the immigration/permanent residence pathway with efficient systems such as Points-based immigration system. In apparent response, some green card seekers looked to alternatives, like the EB-5 visa, which offers better prospects for permanent immigration than the H-1B visa. As a response to the abuse of H-1B visas, groups like U.S. Tech Workers advertised opposition posters throughout San Francisco's Bay Area Rapid Transit (BART) stations and trains.

H-1B visa dependents

H-1B visa holders can bring immediate family members (spouse and children under 21) to the United States under the H-4 visa category as dependents.

An H-4 visa holder may remain in the U.S. as long as the H-1B visa holder retains legal status. An H-4 visa holder is allowed to attend school, apply for a driver's license, and open a bank account in the United States.

Effective May 26, 2015, United States Citizenship and Immigration Services allows some spouses of H-1B visa holders to apply for eligibility to work unrestricted in the United States. Under the rule, the H-1B worker must either be the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140) or have H-1B status under the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act, and the spouse must be in the United States with H-4 status. The spouse would need to file Form I-765, Application for Employment Authorization, with supporting documents and the required filing fee. The spouse is authorized to work in the United States only after the Form I-765 is approved and the spouse receives an Employment Authorization Document card. In 2022, the U.S. government issued 82,616 work permits for H-1B spouses.

Travel

Applying for an H-1B visa stamp at a U.S. Consulate abroad

When an H-1B worker travels outside the U.S. for any reason (other than to Canada or Mexico, for 30 days or less), he or she must have a valid visa stamped on his or her passport for re-entry in the United States. If the worker has an expired stamp but an unexpired I-797 petition approval notice, he or she will need to appear in front of a Department of State Consular Officer at a U.S. Embassy to get a new H-1B visa stamp.

Consular Officers are instructed by the Foreign Affairs Manual per 9 FAM 402.10-9(A.a) that an approved USCIS petition is evidence that the requirements for H-1B visa classification have been met. In other words, when an H-1B worker appears for stamping, consular officers are not being tasked to re-adjudicate whether their job is a specialty occupation, whether the applicant has the right qualifications on paper and whether other key requirements relating to the position are fulfilled. However, the approval of an I-129 petition by USCIS does not relieve the applicant of establishing H-1B visa eligibility: consular officers can refuse to issue a visa if they suspect, based on the interview or any documents submitted, that there has been fraud or misrepresentation in front of USCIS by either the employer or visa applicant. The Foreign Affairs Manual instructs consular officers that they "benefit from cultural and local knowledge that adjudicators at USCIS do not possess, making it easier to spot exaggerations or misrepresentation in qualifications". In such a case, the consular officer refuses the visa under section 221(g) of the U.S. Immigration and Nationality Act (as outlined in 9 FAM 402.10-9(A.b)) and then either asks for more evidence from the applicant or may simply need more time to make a final decision. If the officer confirms there are issues with the application, the underlying H-1B petition is sent back to USCIS for reconsideration. Upon receipt of a memo from the consular officer who refused the visa explaining the reasons for his or her decision, USCIS then either confirms the petition is valid as initially approved, or definitively revokes it. Consular officers themselves cannot revoke USCIS-approved petitions.

In some visa application cases, H-1B workers can be required to undergo "administrative processing," involving extra background checks of different types. Under current rules, these checks are supposed to take ten days or less, but in some cases, have lasted years.

Domestic Visa Renewal Pilot Program (2024)

In a bid to streamline the H-1B visa renewal process, the U.S. Department of State launched a limited Domestic Visa Renewal Pilot Program from January 29 to April 1, 2024. This initiative allowed a select group of H-1B visa holders who previously received their visas from specific consulates in Canada or India to renew their visas domestically, bypassing the need for an international trip. The program, capped at 20,000 participants, required applicants to secure a slot in one of the five weekly allotments of 4,000 filing slots. It was specifically designed for H-1B renewals and targeted individuals not subject to reciprocity fees or in-person interview waivers. It excluded those whose previous issued H-1B visa had a "Clearance Received" annotation (indicating a Security Advisory Opinion was determined as necessary before making a decision on issuance).

Other travel benefits

Additionally, an individual with a valid H-1B visa does not need a visa to enter Costa Rica for tourism for up to 30 days. The H-1B visa must be stamped in the passport and be valid for at least six months. The passport needs to be valid for at least six months after entering Costa Rica.

Job loss departure requirement

If an employer lays off an H-1B worker, the employer is required to pay for the laid-off worker's transportation outside the United States.

If an H-1B worker is laid off or quits, the worker has a grace period of 60 days or until the I-94 expiration date, whichever is shorter, to find a new employer or leave the country.

There also is a 10-day grace period for an H-1B worker to depart the United States at the end of his/her authorized period of stay. This grace period only applies if the worker works until the H-1B expiration date listed on his/her I-797 approval notice, or I-94 card.

Application process

The process of getting a H-1B visa has three stages:

• The employer files with the United States Department of Labor a Labor Condition Application (LCA) for the employee, making relevant attestations, including attestations about wages (showing that the wage is at least equal to the prevailing wage and wages paid to others in the company in similar positions) and working conditions.
• With an approved Labor Condition Application, the employer files a Form I-129 (Petition for a Nonimmigrant Worker) requesting H-1B classification for the worker. This must be accompanied by necessary supporting documents and fees.
• Once the Form I-129 is approved, the worker may begin working with the H-1B classification on or after the indicated start date of the job, if already physically present in the United States in valid status at the time. If the employee is outside the United States, he/she may use the approved Form I-129 and supporting documents to apply for the H-1B visa. With a H-1B visa, the worker may present himself or herself at a United States port of entry seeking admission to the United States, and get a Form I-94 to enter the United States. (Employees who started a job on H-1B status without a H-1B visa because they were already in the United States still need to get a H-1B visa if they ever leave and wish to re-enter the United States while on H-1B status.)

Premium processing

An applicant may choose to pay for Premium Processing Service. U.S. Citizenship and Immigration Services guarantees processing of applications and petitions within 15 calendar days. U.S. Citizenship and Immigration Services will send an approval notice, a denial notice, a notice of intent to deny, a request for additional evidence, or open an investigation for fraud or misrepresentation within 15 calendar days of receiving Form I-907: Request for Premium Processing Service. If the 15-calendar-day window is not satisfied, then the Premium Processing Fee will be refunded. In the past, USCIS suspended, then resumed the premium processing program.

History

Legislation history

Visa creation

On June 27, 1952, Congress passed the Immigration and Nationality Act after overriding a veto by President Harry S. Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and it introduced a system of selective immigration by giving special preference to foreigners possessing skills that are urgently needed by the country. Several different types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability." The term "distinguished merit and ability" was not new to United States immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the United States. The visa was called an H-1 visa because it had been made into law by section 101(15)(H)(1) of the Immigration and Nationality Act.

The Immigration Act of 1990

The Immigration Act of 1990 was signed into law by President George H. W. Bush on November 20, 1990. The H-1 visa was split into two different visas. The law created the H-1A visa for nurses, and the H-1B visa was established for workers in a "specialty occupation". The Immigration Act defined a specialty occupation as "an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and 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". In order to qualify, a visa applicant needed any applicable state license for the particular occupation and either an educational degree related to the occupation or an equivalent amount of professional experience. For the first time, there was established a quota of 65,000 H-1B visas available each fiscal year, rather than an unlimited amount before. An employer was required by law to pay such employees at least the prevailing wage for the position, and employers were required to make certain attestations by way of a Labor Condition Application.

The American Competitiveness and Workforce Improvement Act of 1998

President Bill Clinton signed the American Competitiveness and Workforce Improvement Act into law on October 21, 1998. The law required that each application for an H-1B must include an additional $500 payment, which would be used for retraining U.S. workers in order to reduce the need for H-1B visas in the future. The quota of H-1B visas was increased from 65,000 to 115,000 for fiscal years 1999 and 2000 only. For an employer with a large number of employees in H-1B status or who had committed a willful misrepresentation in the recent past, the employer attest that the additional H-1B worker would not displace any U.S. workers. The act also gave investigative authority to the United States Department of Labor.

The American Competitiveness in the 21st Century Act of 2000

On October 17, 2000, the American Competitiveness in the 21st Century Act was signed by President Bill Clinton. Under the law, the required retraining fee was increased from $500 to $1,000. The quota was increased to 195,000 H-1B visas in fiscal years 2001, 2002, and 2003 only. Nonprofit research institutions sponsoring workers for H-1B visas became exempt from the H-1B visa quotas.

Under the law, a worker in H-1B status who had already been subject to a visa quota would not be subject to quotas if requesting a transfer to a new employer or if applying for a three-year extension. An H-1B worker became allowed to change employers if the worker had an I-485 application pending for six months and an approved I-140 and if the new position is substantially comparable to their current position.

In the case of an H-1B holder's spouse in H-4 status, the spouse may be eligible to work in the United States under certain circumstances. The spouse must have an approved "Immigration Petition for Alien Worker" form or the spouse must have been given H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act of 2000.

Free trade agreements in 2003

Congress ratified the Singapore–United States Free Trade Agreement in 2003. It ratified the Chile–United States Free Trade Agreement later that year. With these free trade agreements, a new H-1B1 visa was established as being available solely for people from either Singapore or Chile. Unlike H-1B visas that had a limited renewal time, H-1B1 visas can be renewed indefinitely. H-1B1 visas are subject to a separate quota of 6,000 per fiscal year. Unlike H-1B visas, an H-1B1 visa is not a dual-intent visa, and an H-1B1 applicant must convince the visa officer that they have no intention of permanently immigrating to the United States.

The H-1B Visa Reform Act of 2004

The H-1B Visa Reform Act of 2004 was a part of the Consolidated Appropriations Act, 2005, which President George W. Bush signed on December 6, 2004. For employers with 26 or more employees, the required retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers. A new $500 "anti-fraud fee" was established that was required to be paid by the employer with the visa application. While the H-1B quota returned to 65,000 per year, the law added 20,000 visas for applicants with J-1 status with either a master's degree or a doctorate degree from a U.S. graduate school. Governmental entities became exempt from H-1B visa quotas. According to the law, H-1B visas that were revoked due to either fraud or willful misrepresentation would be added to the H-1B visa quota for the following fiscal year. The law also allowed one-year extensions of H-1B for H-1B visa holders who were applying for permanent residency and whose petitions had been pending for a long time. The United States Department of Labor had more investigative authority, but an employer could defend against misdeeds by using either the Good Faith Compliance Defense or the Recognized Industry Standards Defense.

Proposed legislation in 2007

Senators Dick Durbin of Illinois and Charles Grassley of Iowa began introducing "The H-1B and L-1 Visa Fraud & Prevention Act" in 2007. According to Durbin, speaking in 2009, "The H-1B visa program should complement the U.S. workforce, not replace it;" "The…program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs." Compete America, a tech industry lobbying group, opposed the proposed legislation.

The Consolidated Natural Resources Act of 2008

The Consolidated Natural Resources Act of 2008 federalized immigration in the U.S. territory of the Commonwealth of the Northern Mariana Islands, and it stipulated that, during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of Guam and the Commonwealth of the Northern Mariana Islands. The exemption does not apply to any employment to be performed outside of Guam or the Commonwealth of the Northern Mariana Islands.

The Employ American Workers Act of 2009

The Employ American Workers Act, as part of the American Recovery and Reinvestment Act of 2009, was signed into law by President Barack Obama on February 17, 2009. For employers who applied to sponsor a new H-1B and who had received funds under either the Troubled Asset Relief Program (TARP) or the Federal Reserve Act Section 13, the employers were required to attest that the additional H-1B worker would not displace any U.S. workers and that the employer had not laid off, and would not lay off, any U.S. worker in a job equivalent to the H-1B position in the area of intended employment of the H-1B worker within the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.

Proposed legislation in 2017-2018

In 2017, the U.S. Congress considered more than doubling the minimum wage required for an H-1B holder from the $60,000 (USD) established in 1989 and unchanged since then. The High Skilled Integrity and Fairness Act, introduced by U.S. Rep. Zoe Lofgren of California, would raise H-1B holders' minimum salaries to $130,000. The action was criticized in the Indian press for confirming "the worst fears of IT companies" in the wake of the reforms discussed during the 2016 Presidential election by both major candidates, and for causing a 5% drop in the BSE SENSEX index. Though, India in general has been welcoming this change and requirement since 2015. Lofgren's office described it as a measure to "curb outsourcing abuse" citing unfair tech hiring practices by employers including Disney and University of California San Francisco.

Executive action history

The United States Citizenship and Immigration Services has updated and issued new rules regarding the H-1B visa in the past decade.

STEM Optional Practical Training extension and cap-gap extension

Further information: Global labor arbitrage § Immigration, STEM fields § STEM-eligible degrees in US immigration, and Optional Practical Training

On April 2, 2008, the U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff announced a 17-month extension to the Optional Practical Training for students in qualifying STEM fields. The Optional Practical Training extension was included in the rule-change commonly referred to as the H-1B Cap-Gap Regulations. The OPT extension only benefits foreign STEM (Science, Technology, Engineering, or Mathematics) students and is not available to foreign students of other disciplines. The 17-month work-authorization extension allows the foreign STEM student to work up to 29 months in total on the student visa, allowing the STEM student multiple years to obtain an H-1B visa. To be eligible for the 12-month work-permit, any bachelor's degree in any field of study is valid. For the 17-month OPT extension, a student must have received a STEM degree in one of the approved majors listed on the USCIS website. The STEM extension can be combined with the cap-gap extension. The cap-gap extension was also created in 2008 and allows a STEM OPT worker who has a pending or approved H-1B visa to remain in the U.S until the H-1B visa begins.

The 2010 Neufeld Memo

On January 8, 2010, United States Citizenship and Immigration Services issued a memorandum stating that there must be a clear employee-employer relationship between the petitioner (employer) and the beneficiary (prospective visa holder). The memorandum outlines what the employer must do to be considered in compliance as well as putting forth the documentation requirements to back up the employer's assertion that a valid relationship exists.

An employer must maintain a valid employee-employer relationship throughout the period of the worker's stay in the United States. The employer must have actual control or the right to control the employee and to be able to decide when, where, and how the employee will be employed and performs work.

A valid employee-employer relationship typically includes many of the following: supervising the worker on- and off-site; maintaining such supervision through calls, reports, or visits; having a right to control the work on a day-to-day basis if such control is required; providing the worker with the tools and equipment needed for the job; having the ability to hire, pay, and terminate the worker's job; evaluating the worker's products, progress, and performance; provision of some type of employee benefits; allowing the worker to use the employer's proprietary information when performing work; assigning work to the worker that produces an end-product related to the employer's business; and having the ability to control the manner and means in which the worker accomplishes tasks. The memorandum further states that "common law is flexible about how these factors are to be weighed".

Third-party placement firms and staffing firms do not qualify for H-1B status because they fail the control test.

The Tech Serve Alliance filed a lawsuit against implementing the memo. Senator John Cornyn brokered a meeting between a coalition of IT outsourcing firms and USCIS, which stopped the implementation of the Neufeld Memo.

2015 H-1B dependent work authorization

In 2015, the U.S. Department of Homeland Security issued a rule that allowed certain spouses of H-1B workers to be eligible for work authorization.

Under the rule, the H-1B worker must either be the principal beneficiary of an approved Immigrant Petition for Alien Worker (Form I-140) or have H-1B status under the American Competitiveness in the Twenty-first Century Act of 2000, as amended by the 21st Century Department of Justice Appropriations Authorization Act, and the spouse must be in the United States with H-4 status.

The U.S. Department of Homeland Security stated that it issued the rule in order to ease the financial burden that these families may experience as they transition from nonimmigrant to lawfully permanent resident status. The rule also reduces disincentives for H-1B workers to leave the United States, which disrupts the United States businesses employing these workers.

2015 work site guidance change

In 2015, United States Citizenship and Immigration Services issued final guidance stating that if an H-1B worker whose work site location changes to a different metropolitan area, its material change that requires the employer to certify a new Labor Condition Application to the Department of Homeland Security. Temporary work site changed do not require a new LCA. Examples include when a H-1B worker attends a training session, a seminar, or a conference of a short duration or when the H-1B worker is temporarily moved to a short-term placement of less than 30 days. If the amended H-1B petition is disapproved but the original petition remains valid, then the H-1B worker retains their H-1B status as long as they return to work at the original work site.

2016 H-1B maximum stay clarification

On December 5, 2016, United States Citizenship and Immigration Services issued a memorandum to provide guidance regarding periods of admissions for an individual in H-1B status. The memorandum stated that time spent as either an H-4 dependent or an L-2 dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.

2017 employment termination grace period rule

On November 18, 2017, United States Citizenship and Immigration Services released a rule that affects individuals in H-1B status whose employment ends. In these cases, the individual has a grace period of 60 days to leave the United States or change to another legal status that allows them to remain in the United States.

2017 H-4 victims of domestic violence work authorization

In 2005, the Violence Against Women and Department of Justice Reauthorization Act of 2005 allowed work authorization for victims of domestic violence who are in H-4 status. On February 17, 2017, United States Citizenship and Immigration Services instituted a process for these victims to apply for work authorization.

Eligible individuals include current H-1B visa spouses, and individuals whose marriage ended because of battery or extreme cruelty perpetrated by the individual's former spouse. The individual must also have entered the United States in an H status, must continue to be in H-4 status, and were themselves or their child battered or subjected to extreme cruelty perpetrated by the H-1B spouse. The spouse's application must include evidence of the abuse.

Before this policy was implemented, an abused spouse in H-4 status would be required to leave the United States the date the person divorced the abusive spouse. The divorced spouse now has a way to legally remain in the United States and legally work in the United States after the divorce is finalized or pending. If approved, the authorization is valid for two years.

2017 computer-programming position memo

A memorandum from December 22, 2000, stated that, because most computer-programming positions required a bachelor's degree, computer programming was considered a specialty occupation that qualified for an H-1B visa. On March 31, 2017, United States Citizenship and Immigration Services released a memorandum stating that computer programming would no longer be automatically considered a specialty occupation, partly because a bachelor's degree was no longer typically required of these positions. An application for an H-1B visa for a computer programmer must sufficiently describe the duties and the level of experience and responsibilities of the position in order to demonstrate how the position is a senior, complex, specialized, or unique computer-programming position rather than an entry-level position in order to qualify for an H-1B visa.

In addition, the United States Department of Justice warned employers not to discriminate against U.S. workers by showing a preference for hiring H-1B workers.

2017 Buy American, Hire American executive order

On April 18, 2017, President Trump signed an executive order that directed federal agencies to implement a "Buy American, Hire American" strategy, a key pledge during the campaign. At a press briefing, the executive order directed federal agencies such as the Department of Labor, Department of Justice, Department of Homeland Security, and Department of State to implement a new system that favors higher-skilled, higher-paid applicants. The executive order is intended to order federal agencies to review and propose reforms to the H-1B visa system. Furthermore, these departments will "fill in the details with reports and recommendations about what the administration can legally do." Trump stated that the executive would "end the theft of American prosperity," which he said had been brought on by low-wage immigrant labor.

On January 9, 2018, the USCIS said that it was not considering any proposal that would force H-1B visa holders to leave the United States during the green-card process. USCIS said an employer could request extensions in one-year increments under section 106(a)–(b) of the American Competitiveness in the 21st Century Act instead.

2018 extension rejection rule

On June 28, 2018, the United States Citizenship and Immigration Services announced that, when a person's request for a visa extension is rejected, the person will be deported from the United States. The Trump administration said they are not considering any proposal that would force H-1B visa holders to leave the country.

2020 H-1B entry suspension

On April 22, 2020, President Donald Trump signed a presidential proclamation that temporarily suspended the entry of people with non-immigrant visas, including H-1B visas. On June 22, 2020, President Trump extended the suspension for H-1B visa holders until December 31, 2020. On December 31, 2020, President Trump issued a presidential proclamation extending the suspension of entry until March 31, 2021, because they would pose "a risk of displacing and disadvantaging United States workers during the economic recovery following the COVID-19 outbreak".

2020 H-1B lottery rule

On October 28, 2020, a new rule to reform the H-1B lottery by prioritizing workers with the highest wage was approved.

2021 H-1B entry suspension expiration

President Joe Biden allowed the suspension to expire on March 31, 2021, which allowed H-1B visa holders to enter the U.S. beginning on April 1, 2021.

General history

2015 spotlight on H-1B visas

There was extensive reporting in 2015 on problems with the existing H-1B visa programs. Journalists reported that many prominent companies such as Disney and Southern California Edison were replacing American workers using the H-1B visa program. Disney used H-1B outsourcing firm Cognizant to replace its American IT workers. The company required these workers to train their replacements in order to receive severance.

In an editorial published in June 2015, the editorial board of The New York Times stated that loopholes and lax enforcement of the H-1B visa program has resulted in exploitation of both visa holders and American workers.

In June 2015, ten senators requested the U.S. Department of Labor to open an investigation of outsourcing of technical tasks by Southern California Edison to Tata Consultancy Services and Infosys, then laying off 500 technology workers. After a ten-month investigation, the U.S. Department of Labor determined that no charges should be filed against any of the firms.

In 2015 and 2016, the Senate Judiciary Committee held hearings on problems with the H-1B visa. On March 17, 2015, Chairman Chuck Grassley of the Senate Judiciary Committee held a hearing on "Immigration Reforms Needed to Protect Skilled American Workers". On February 25, 2016, Immigration Subcommittee Chairman Jeff Sessions held a hearing on "The Impact of "High-Skilled" Immigration on U.S. Workers. These hearings' witnesses included AFL-CIO President Richard Trumka, Howard University Associate Professor Ron Hira, American Immigration Council Benjamin Johnson, Washington Alliance of Technology Workers Attorney John Miano, former Disney IT Engineer Leo Perrero, Colgate University Associate Professor of Economics Chad Sparber, and Rutgers University Professor Hal Salzman.

Senator Chuck Grassley of Iowa, chairman of the committee commented on the H-1B visa during the March 17th hearing:

The program was intended to serve employers who could not find the skilled workers they needed in the United States. Most people believe that employers are supposed to recruit Americans before they petition for an H-1B worker. Yet, under the law, most employers are not required to prove to the Department of Labor that they tried to find an American to fill the job first. And, if there is an equally or even better qualified U.S. worker available, the company does not have to offer him or her the job. Over the years the program has become a government-assisted way for employers to bring in cheaper foreign labor, and now it appears these foreign workers take over – rather than complement – the U.S. workforce.

2016 election policy issue

Further information: § Proposed reform in 2017 and 2018

The H-1B visa became an issue in the 2016 United States presidential election. According to Computerworld, candidate Donald Trump took a stance to "pause" and re-write the H-1B system. Additionally, he invited guest speakers to raise awareness of the hundreds of IT workers displaced by H-1B guest workers during his rallies. Candidate Donald Trump stated his policy position and solution on H-1Bs in his campaign website on immigration policy:

"Increase prevailing wage for H-1Bs.

We graduate two times more Americans with STEM degrees each year than find STEM jobs, yet as much as two-thirds of entry-level hiring for IT jobs is accomplished through the H-1B program. More than half of H-1B visas are issued for the program's lowest allowable wage level, and more than eighty percent for its bottom two. Raising the prevailing wage paid to H-1Bs will force companies to give these coveted entry-level jobs to the existing domestic pool of unemployed native and immigrant workers in the U.S., instead of flying in cheaper workers from overseas. This will improve the number of black, Hispanic and female workers in Silicon Valley who have been passed over in favor of the H-1B program. Mark Zuckerberg’s personal Senator, Marco Rubio, has a bill to triple H-1Bs that would decimate women and minorities.

Requirement to hire American workers first.

Too many visas, like the H-1B, have no such requirement. In the year 2015, with 92 million Americans outside the workforce and incomes collapsing, we need companies to hire from the domestic pool of unemployed. Petitions for workers should be mailed to the unemployment office, not USCIS."

Candidate Hillary Clinton spoke negatively of H-1B workers being hired because they are less expensive and since they are reliant on the employer, more likely to be compliant during abuse. Clinton said that she was unlikely to consider the H-1B system individually and only would look towards reforms as part of a comprehensive immigration reform.

Presidential candidate Bernie Sanders opposed guest worker programs and was also skeptical about skilled immigrant (H-1B) visas, saying, "Last year, the top 10 employers of H-1B guest workers were all offshore outsourcing companies. These firms are responsible for shipping large numbers of American information technology jobs to India and other countries." In an interview with Vox he stated his opposition to an open borders immigration policy, describing it as:

...a right-wing proposal, which says essentially there is no United States...you're doing away with the concept of a nation-state. What right-wing people in this country would love is an open-border policy. Bring in all kinds of people, work for $2 or $3 an hour, that would be great for them. I don't believe in that. I think we have to raise wages in this country, I think we have to do everything we can to create millions of jobs.

2019 H-1B data

In 2019, USCIS unveiled a H-1B employer data hub which provides information on employee H-1B visa petitions starting from fiscal year 2009.

In 2019, the USCIS Office of Policy and Strategy released the latest population estimate of H-1B visa workers in the United States. As of September 30, 2019, there were 583,420 people authorized to work on an H-1B visa. First, the agency estimated the number of approved H-1B petitions. The estimated number of approved unique beneficiaries numbered 619,327 people. USCIS estimated the number of foreign nationals denied by the State Department subtracting 2,100 visas. Furthermore, USCIS subtracted out the number of H-1B workers who adjusted to legal permanent residency status (estimated at 32,332) and those who requested another non-immigration status (estimated at 1,475).

2021 electronic registration system

In 2021, USCIS rolled out its first electronic registration system for the H-1B lottery.

Economic impact

There is a divide between economists and academics about the impact H-1B visas have on innovation, the effect on U.S. workers, and overall benefits to the U.S. economy.

Studies have shown that H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth. H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies. A study found that H-1B visa holders have been associated with greater innovation and economic performance.

Meanwhile, other studies have shown the exact opposite. A National Bureau of Economic Research (NBER) paper concluded that firms who received H-1B visas do not necessarily innovate or grow faster, nor patent more than firms who do not.

Economists have also found that H-1B visas lead to lower wages and employment for competing U.S. workers. A paper by George J. Borjas for the National Bureau of Economic Research found that "a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent."

A 2016 study found that H-1B visas kept wages for U.S. computer scientists 2.6% to 5.1% lower, and employment in computer science for U.S. workers 6.1% to 10.8% lower, but resulted in greater production efficiency, lowered the prices of IT products, raised the output of IT products and caused substantially higher profits for IT firms.

The same study also found that for every 100 foreign computer science workers who enter the U.S., they crowd out 33 to 61 domestic computer science workers.

Criticism

Corporate welfare

Further information: Corporate welfare

Critics of the H-1B visa program say it is a government labor subsidy for corporations. Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating that the H-1B program acts as a subsidy for corporations. Others holding this view include Norman Matloff, who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject.

Professor Matloff describes four types of labor savings for corporations and employers.

• Type I labor savings is where employers pay H-1Bs less than similarly qualified American workers.
• Type II labor savings are where employers hire younger H-1Bs in lieu of older and more expensive American workers.
• Type III labor savings are where employers force H-1B workers to work longer hours.
• Type IV labor savings are when the oversaturation of H-1B workers suppresses wages in the labor market.

American technology companies are claimed to benefit most from Type II labor savings, where these firms hire a 25-year-old H-1B worker instead of a 50-year-old American programmer.

No labor shortage

Academic researchers have found no labor shortage in STEM, undercutting the primary reason for the H-1B visa's existence.

In 2022, Howard University public policy professor Ron Hira found there was no shortage in STEM due to stagnant wages in IT and a seven percent decline in real wages for engineers. In the past, he has called the IT talent shortage "imaginary," a front for companies that want to hire cheaper foreign guest workers.

Studies from Rutgers University professor Hal Salzman, and co-authors B. Lindsay Lowell and Daniel Kuehn, have concluded that the U.S. has been employing only 30% to 50% of its newly degreed able and willing STEM workers to work in STEM fields.

A 2012 IEEE announcement of a conference on STEM education funding and job markets stated "only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do."

Rutgers University Public Policy Professor Hal Salzman points to simultaneous industry layoffs, when industry claims labor shortage. In his Senate Judiciary testimony, he states that between 2006 and 2016, the IT industry (the predominant user of the H-1B visa) laid off on average 97,000 workers per year, more than the number of 74,000 H-1B workers brought for the IT industry.

UC Davis Professor Norman Matloff's University of Michigan Journal of Law Reform paper claims that there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.

The United States General Accounting Office found in a report in 2000 that controls on the H-1B program lacked effectiveness. The GAO report's recommendations were subsequently implemented.

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting various exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by the Wall Street Journal, BusinessWeek and Washington Post. Employers applied pressure on Congress. Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill, "warning of dangers to the U.S. economy if employers can't import skilled workers to fill job gaps." Congress considered a bill to address the claims of shortfall but in the end did not revise the program.

According to a study conducted by John Miano and the Center for Immigration Studies, there is no empirical data to support a claim of employee worker shortage. Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued that in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry. Hire Americans First has also posted hundreds of first hand accounts of H-1B visa harm reports directly from individuals negatively impacted by the program, many of whom are willing to speak with the media.

Wage depression

Wage depression as a result of an increased supply of discounted guest workers is a chronic complaint critics have about the H-1B program. In the 21st century, labor experts have found that guest workers are abundantly available in times of wage decline and weak workforce demand.

The Economic Policy Institute found that sixty percent of certified H-1B positions were below the local median wage. In Washington D.C, companies hiring a level 1 entry-level H-1B software developer received a discount of 36%, or $41,746. For level II workers, companies received a discount of 18%, or $20,863.

In 2014, The Department of Homeland Security annual report indicates that H-1B workers in the field of Computer Science are paid a mean salary of $75,000 annually, almost 25,000 dollars below the average annual income for software developers and studies have found that H-1B workers are paid significantly less than U.S. workers. It is claimed that the H-1B program is primarily used as a source of cheap labor.

Prevailing wage loopholes

The Labor Condition Application (LCA) included in the H-1B petition is supposed to ensure that H-1B workers are paid the prevailing wage in the labor market, or the employer's actual average wage (whichever is higher), but evidence exists that some employers get around these provisions and avoid paying the actual prevailing wage despite stiff penalties for abusers.

Theoretically, the LCA process appears to offer protection to both U.S. and H-1B workers. However, according to the U.S. General Accounting Office, enforcement limitations and procedural problems render these protections ineffective. Ultimately, the employer, not the Department of Labor, determines what sources determine the prevailing wage for an offered position, and it may choose among a variety of competing surveys, including its own wage surveys, provided that such surveys follow certain defined rules and regulations.

The law specifically restricts the Department of Labor's approval process of LCAs to checking for "completeness and obvious inaccuracies." In FY 2005, only about 800 LCAs were rejected out of over 300,000 submitted. Hire American First has posted several hundred first hand accounts of individuals negatively impacted by the program. According to attorney John Miano, the H-1B prevailing wage requirement is "rife" with loopholes.

Internal "brain drain"

Opponents of the H-1B visa program says that wage depression in STEM causes young American college graduates to stop pursuing these fields.

Discrimination

Against American citizens

Critics of the H-1B visa program say the program enables Silicon Valley to employ discrimination against U.S. citizens and permanent residents. In 2021, Facebook settled a claim with the Department of Justice that it discriminated against U.S. workers in favor of temporary visa holders. The company paid a $4.75 million civil penalty and set aside $9.5 million for eligible victims.

Ageism

Critics of the H-1B visa program say the program enables Silicon Valley to employ age discrimination against older workers.

Wage slavery

Main article: Wage slavery

Critics contend that H-1B holders is a modern-day form of high-tech indentured servants, Guest workers on H-1B visas in the IT sector have limited employer mobility compared to U.S. workers. Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the green card (permanent residency), H-1B visa holders are an important exception, in that the H-1B is legally acknowledged as a possible step towards a green card under what is called the doctrine of dual intent.

Some workers who come to the U.S. on H-1B visas receive poor, unfair, and illegal treatment by brokers who place them with jobs in the US, according to a report published in 2014. The United States Trafficking Victims Protection Reauthorization Act of 2013 was passed to help protect the rights of foreign workers in the United States, and the U.S. Department of State distributes pamphlets to inform foreign workers of their rights.

Companies have stolen the wages of H-1B workers. Labor researchers found that HCL stole $95 million from its H-1B visa workers annually.

Critics say that employers exercise outsized control over H-1B workers since the visa ties the workers to the employer. Additionally, these workers are less likely to complain about poor working conditions for fear of visa revocation and deportation.

Dual intent

Critics of the H-1B visa program say the reason for the backlog for employer-sponsored green cards is in part due to the dual intent nature of the H-1B visa, allowing a temporary non-immigrant to gain an employer-sponsored green card. The issue critics have with dual intent is that both non-immigrant temporary guest workers and people who do intend to immigrate both are vying for H-1B visas. The law lets foreign nationals waiting for a green card the ability to extend their H-1B visa past the normal six-year limit.

Body shopping and offshoring

Further information: Body shopping

Critics of the program take issue with American and outsourcing companies using H-1B visa workers to body shop and offshore work abroad. Researchers have found that two thirds of IT jobs are offshorable. The remaining third remains onshore in order to be the conduit between American clients and offshore work teams.

The leading users of H-1B visas are Indian outsourcing firms. In 2021, half of the top thirty employers of H-1B visa holders were specifically outsourcing firms. The top 10 H-1B employers in 2014 such as Tata Consultancy, Cognizant, Infosys, Wipro, Accenture, and IBM all used the program to ship jobs offshore. Critics of H-1B use for outsourcing have also noted that more H-1B visas are granted to companies headquartered in India than companies headquartered in the United States. Furthermore, even though these IT outsourcing companies have a physical footprint in the United States, they hire temporary foreign guest workers instead.

Senator Dick Durbin stated in a speech on H-1B visa reform:

"The H-1B job visa lasts for three years and can be renewed for three years. What happens to those workers after that? Well, they could stay. It is possible. But these new companies have a much better idea for making money. They send the engineers to America to fill spots—and get money to do it—and then after the three to six years, they bring them back to work for the companies that are competing with American companies. They call it their outsourcing visa. They are sending their talented engineers to learn how Americans do business and then bring them back and compete with those American companies."

Of all computers systems analysts and programmers on H-1B visas in the U.S., 74 percent were from Asia.

Large migration of Asian IT professionals to the United States has been a central component to the emergence of the offshore outsourcing industry.

In FY 2009, due to the worldwide recession, applications for H-1B visas by offshore outsourcing firms were significantly lower than in previous years, yet 110,367 H-1B visas were issued, and 117,409 were issued in FY2010.

Computerworld and The New York Times have reported on the inordinate share of H-1B visas received by firms that specialize in offshore-outsourcing, the subsequent inability of employers to hire foreign professionals with legitimate technical and language skill combinations, and the outright replacement of American professionals already performing their job functions and being coerced to train their foreign replacements.

Training foreign replacements

There have been cases where employers used the program to replace their American employees with H-1B employees, and in some of those cases, the American employees were even ordered to train their replacements.

Researchers have found that during the 2022 tech layoffs, companies laid off their U.S. workforce while continuing to bring in more H-1B workers. The top 30 H-1B employers in 2022 laid off at least 85,000 workers, while bringing in 34,000 H-1B workers.

Limitations for entrepreneurs and self-employed consultants

Entrepreneurs do not qualify for the H-1B visa. The United States immigration system's EB-5 visa program does permit foreign entrepreneurs to apply for a green card if they make a sufficient investment in a commercial enterprise and intend to create 10 or more jobs in the United States. The University of Massachusetts began a program in 2014 allowing entrepreneurs to found U.S. companies while fulfilling visa requirements by teaching and mentoring on campus, with the university as sponsoring employer. Likewise, self-employed consultants have no visa that would allow them to enter the country and perform work independently for unspecified, extended periods (although, note that a B-1 visa would permit temporary travel to the U.S. to consult for specific periods), so consulting companies have been formed for the sole purpose of sponsoring employees on H-1B visas to allow them to perform work for clients, with the company sharing the resulting profit.

Fraud

The United States Citizenship and Immigration Services "H-1B Benefit Fraud & Compliance Assessment" of September 2008 concluded 21% of H-1B visas granted originate from fraudulent applications or applications with technical violations. Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21% rate.

USCIS, H-1B Benefit Fraud and Compliance Assessment (2008)

Beneficiary Education Level	Violation Rate	% of Sample	Total Cases
Bachelor's Degree	31%	43%	106
Graduate Degree	13%	57%	140

USCIS, H-1B Benefit Fraud & Compliance Assessment (2008)

Reported Occupations	Violation Rate	% of Sample	Total Cases
Architecture, Engineering, and Surveying	8%	15%	36
Mathematics and Physical Sciences	0%	1%	3
Computer Professionals	27%	42%	104
Life Sciences	0%	4%	11
Social Sciences	0%	<1%	1
Medicine and Health	10%	4%	10
Education	9%	13%	33
Law	0%	<1%	1
Writing	0%	<1%	1
Art	29%	3%	7
Accounting, Human Resources, Sales, Advertising, and Business Analysts	42%	11%	26
Managerial	33%	4%	9
Miscellaneous Professions	0%	2%	4

In 2009, federal authorities arrested people for a nationwide H-1B visa scam in which they allegedly submitted false statements and documents in connection with petitions for H-1B visas.

Fraud has included acquisition of a fake university degree for the prospective H-1B worker, coaching the worker on lying to consul officials, hiring a worker for which there is no U.S. job, charging the worker money to be hired, benching the worker with no pay, and taking a cut of the worker's U.S. salary. The workers, who have little choice in the matter, are also engaged in fraud, and may be charged, fined, and deported.

Gaming the visa lottery

Critics of the H-1B lottery criticize that the lottery is randomized and does not select for skill or wage.

Outsourcing companies' game the system by filing as many electronic lottery applications as possible (only $10 each) for jobs that do not exist. In 2023, there were 781,000 lottery entries for 85,000 visas. This was partially the result of different companies submitting the same applicant multiple times. USCIS says that there is a high prevalence of fraud with the new electronic registration system.

Additional visas

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Selected listing of non-family preference visas where employment can be or is authorized.

Temporary high skill visas H-1B visa (Bachelor's degree or equivalent) H-4 visa (Dependents of H visa—some now authorized for employment ) L-1 visa (Intracompany) O-1 visa (Extraordinary abilities) TN visa (NAFTA) AC21 (Extends H-1B & L-1 visas beyond limitation statutes) Student visas F visa (student visa) J visa (training and misc., employment (FICA exempt)) Optional Practical Training (employment authorization, FICA exempt)

Employment based preference (Greencard) EB-1 visa (PhD level) EB-2 visa (Master's degree) EB-3 visa (Bachelor's degree) EB-4 visa (Religious) EB-5 visa (Investor) Various B visa (business and visitor) P visa (athletes and entertainers) H-2A Visa (agriculture) H-2B visa (temporary worker, non agricultural)

In addition to H-1B visas, there are a variety of other visa categories that allow foreign workers to come into the U.S. to work for some period of time.

L-1 visas are issued to foreign employees of a corporation. Under recent rules, the foreign worker must have worked for the corporation for at least one year in the preceding three years prior to getting the visa. An L-1A visa is for managers or executives who either manage people or an essential function of the company. An L-1B visa is appropriate for non-immigrant workers who are being temporarily transferred to the United States based on their specialized knowledge of the company's techniques and methodologies. There is no requirement to pay prevailing wages for the L-1 visa holders. For Canadian residents, a special L visa category is available.

TN-1 visas are part of the North American Free Trade Agreement (NAFTA), and are issued to Canadian and Mexican citizens. TN visas are only available to workers who fall into one of a preset list of occupations determined by the NAFTA treaty. There are specific eligibility requirements for the TN Visa.

E-3 visas are issued to citizens of Australia under the Australia free-trade treaty.

H-1B1 visas are a sub-set of H-1B issued to residents of Chile and Singapore. H-1B1 visas for residents of Chile was part of the Chile–United States Free Trade Agreement; PL 108-77 Section 402(a)(2)(B), 117 Stat. 909, 940; S 1416, HR 2738, which was passed by the U.S. House of Representatives on July 24, 2003. H-1B1 visas for residents of Singapore was part of the Singapore–United States Free Trade Agreement, PL 108-78 Section 402(2), 117 Stat. 948, 970-971; S 1417, HR 2739, which passed the U.S. House of Representatives on July 24, 2003, passed the U.S. Senate on July 31, 2003, and signed by President George W. Bush on May 6, 2003. According to U.S. Citizenship and Immigration Services, if there are any unused H-1B1 visas during a particular year, that number is added to the following year's H-1B base quota.

One recent trend in work visas is that various countries attempt to get special preference for their nationals as part of treaty negotiations. Another trend is for changes in immigration law to be embedded in large Authorization or Omnibus bills to avoid the controversy that might accompany a separate vote.

H-2B visa: The H-2B non-immigrant program permits employers to hire foreign workers to come to the U.S. and perform temporary non-agricultural work, which may be one-time, seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of foreign workers who may receive H-2B status.

H-1B visa statistics

General statistics

• The H-1B visa program is the largest guest worker visa program in the United States.
• The H-1B visa has seen continual growth. There were an estimated 425,000 H-1Bs in 2000. USCIS estimates there are 583,420 foreign nationals on H-1B visas as of September 30, 2019.
• The number of issued H-1B visas have quadrupled since the first year these visas were issued in 1991.
• There were 206,002 new and initial H-1B visas issued in 2022, the highest number of H-1B visa issuances in the program's history.
• Between 2001 and 2015, the U.S. government distributed 1.8 million H-1B visas.
• Between 2007 and 2016, 60% of H-1B applicants were for computer and mathematical occupations.
• Universities and colleges, nonprofits and government research institutions account for 10% of H-1B visa applications.
• 1 in 4 H-1B applications do not require a bachelor’s degree.
• In 2020, 70% of H-1B visa workers work in computer-related occupations. 9% went to engineering, architecture, ad surveying.

H-1B demographic statistics

• In 2021, 74.1% of H-1B visas were approved to Indian nationals while 12.4% were approved to Chinese nationals.
• The average age of an H-1B worker is 33.
• Between 2001-2015, 892,814 H-1B visas or 50.5% of all visas were awarded to Indian nationals. China had 9.7% of H-1Bs with 171,577. Canada is third with 3.8% or 66,582.

U.S. geographic statistics

• The New York metropolitan area had the most H-1B approvals, with between 2010 and 2016. Dallas-Fort Worth metropolitan region came in second with 74,000 H-1B visa approvals while the Washington D.C. metropolitan region with 64,800 H-1B visa approvals.
• Employers in California, New Jersey, Texas, and New York were the biggest users of H-1B visas in 2013.
• New Jersey has the most H-1B visa workers per capita.

2020 education statistics

• 7% of H-1B workers had a doctorate.
• 57% of H-1B workers had a master's degree.
• 36% of H-1B workers had a bachelor's degree.

2020 salary statistics

• In 2020, the median salary for all H-1B workers was $101,000.

H-1B visa tables and charts

H-1B issued years 2006-2008Issued by continent 2005Issued by nation in 2005

Approved H-1B applications

H-1B Applications Approved by Fiscal Year

Fiscal Year	Initial employment approvals	Continuing employment approvals	Total
2000	136,787	120,853	257,640
2001	201,079	130,127	331,206
2002	103,584	93,953	197,537
2003	105,314	112,026	217,340
2004	130,497	156,921	287,418
2005	116,927	150,204	267,131
2006	109,614	161,367	270,981
2007	120,031	161,413	281,444
2008	109,335	166,917	276,252
2009	86,300	127,971	214,271
2010	76,627	116,363	192,990
2011	106,445	163,208	269,653
2012	136,890	125,679	262,569
2013	128,291	158,482	286,773
2014	124,326	191,531	315,857
2015	113,605	161,714	275,317
2016	114,504	230,759	345,262
2017	108,101	257,581	365,682
2018	93,615	238,743	332,358
2019	138,297	249,476	388,403
2020	122,886	303,824	426,710
2021	123,414	283,657	407,071
2022	132,429	309,614	442,043
2023	118,948	267,370	386,318

H-1B Applications Approved by Education or Equivalent

Fiscal Year	No High School Diploma	Only High School Diploma	Less Than 1 year of College	1+ years of College	Equivalent of Associate's	Total Less Than Bachelor's Degree	Bachelor's Degree or Higher
2000	554	288	158	1,290	696	2,986	130,304
2001	247	895	284	1,376	1,181	3,983	157,660
2002	169	806	189	849	642	2,655	115,697
2003	148	822	122	623	534	2,249	104,947
2004	123	690	137	421	432	1,803	137,162
2005	107	440	77	358	363	1,345	122,754
2006	96	392	54	195	177	914	134,507
2007	72	374	42	210	215	913	153,140
2008	80	174	19	175	195	643	128,821
2009	108	190	33	236	262	829	109,538
2010	140	201	24	213	161	739	116,670
2011	373	500	44	255	170	1,342	127,792
2012	108	220	35	259	174	796	134,734
2013	68	148	15	162	121	514	152,709
2014	32	133	18	133	88	404	160,965
2015	52	148	25	232	189	646	172,102
2016	53	128	28	220	209	638	179,419
2017	30	107	17	173	171	498	178,551
2018	18	90	9	127	127	371	321,182
2019	23	80	10	132	113	358	375,283
2020						329	413,401
2021						289	395,126
2022						315	311,395
2023						293	247,530

H-1B visas issued per year

New and initial H-1B and H-1B1 visas issued by the U.S. Department of State through consular offices

Fiscal Year	H-1B	H-1B1	Total
1990	794	n/a	794
1991	51,882	n/a	51,882
1992	44,290	n/a	44,290
1993	35,818	n/a	35,818
1994	42,843	n/a	42,843
1995	51,832	n/a	51,832
1996	58,327	n/a	58,327
1997	80,547	n/a	80,547
1998	91,360	n/a	91,360
1999	116,513	n/a	116,513
2000	133,290	n/a	133,290
2001	161,643	n/a	161,643
2002	118,352	n/a	118,352
2003	107,196	n/a	107,196
2004	138,965	72	139,037
2005	124,099	275	124,374
2006	135,421	440	135,861
2007	154,053	639	154,692
2008	129,464	719	130,183
2009	110,367	621	110,988
2010	117,409	419	117,828
2011	129,134	418	129,552
2012	135,530	461	135,991
2013	153,223	571	153,794
2014	161,369	870	162,239
2015	172,748	1,051	173,799
2016	180,057	1,294	181,351
2017	179,049	1,391	180,440
2018	179,660	1,498	181,158
2019	188,123	1,724	189,847
2020	124,983	1,083	126,066
2021	61,569	1,586	63,155
2022	206,002	2,376	208,378

Top H-1B employers by visa approval

Companies receiving H-1Bs Company Headquartered (City) Headquartered (Country) 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 Cognizant Teaneck United States 2,226 962 467 233 3,388 4,222 9,281 9,986 5,228 15,680 21,459 28,908 Tata Consultancy Services Mumbai India 3,046 797 1,539 1,740 7,469 6,258 7,149 6,339 11,295 14,697 Infosys Bangalore India 4,900 4,559 4,559 440 3,792 3,962 5,600 6,298 4,022 8,991 12,780 13,408 Wipro Bangalore India 4,002 2,567 2,678 1,964 1,521 2,736 4,304 2,644 3,246 4,803 6,819 6,529 Deloitte New York United States 1,555 525 413 563 196 559 1,668 1,491 559 3,114 6,027 Accenture Dublin Ireland 637 331 731 287 506 1,347 4,037 3,346 2,376 5,793 6,831 5,070 Tech Mahindra Pune India 2,880 1,396 1,917 219 224 1,963 1,589 1,850 2,657 3,344 4,931 Amazon Seattle United States 262 81 182 881 877 2,739 4,767 HCL Technologies Noida India 910 102 1,033 2,070 1,766 927 2,776 3,492 4,392 Microsoft Redmond United States 3,117 959 1,037 1,318 1,618 947 1,497 1,048 850 3,556 4,069 Capgemini Paris France 309 99 699 536 3,276 3,580 IBM Armonk United States 1,324 199 381 865 882 853 1,846 1,624 1,513 2,500 3,569 3,000 Ernst & Young London United Kingdom 774 302 321 481 373 1,552 2,986 Google Mountain View United States 328 248 207 211 172 383 753 728 2,517 2,758 Intel Santa Clara United States 828 369 351 723 772 700 1,873 2,625 Syntel Troy, MI United States 416 130 129 1,161 1,149 1,080 2,286 2,119 Apple Cupertino United States 443 1,992 2,055 Larsen & Toubro Infotech Mumbai India 947 292 403 602 333 1,204 1,832 1,001 1,298 2,701 1,864 Cisco Systems San Jose United States 828 324 422 308 379 246 1,529 1,587 Facebook Menlo Park United States 1,107 1,566 IGATE (merged with Patni) Bridgewater and Bengaluru United States and India 1,391 477 296 609 164 1,260 1,157 886 Qualcomm San Diego United States 533 158 255 320 909 218 1,143 Mphasis Bangalore India 751 248 251 229 197 556 405 Oracle Corporation Redwood Shores United States 1,022 113 168 272 475 365 1,448 UST Global Aliso Viejo United States 339 416 344 475 421 1,136 PricewaterhouseCoopers London United Kingdom 591 192 449 138 Computer Sciences Corporation Falls Church United States 873 Mindtree Bangalore India 487 1,103

Top 10 H-1B Receiving Universities

School	H-1Bs Received 2006
New York City Public Schools	642
University of Michigan	437
University of Illinois at Chicago	434
University of Pennsylvania	432
Johns Hopkins University School of Medicine	432
University of Maryland	404
Columbia University	355
Yale University	316
Harvard University	308
Stanford University	279
Washington University in St. Louis	278
University of Pittsburgh	275

Top 10 Employers for H-1B Visas (LCA filed)

Company Name	Fiscal Year 2018
Ernst & Young	140,766
Cognizant	38,205
Deloitte	31,988
HCL Technologies	23,812
Apple	20,168
Qualcomm Technologies	15,612
Tata Consultancy Services	15,581
Amazon Fulfillment Services	11,644
Kforce	10,553
Mphasis Corporation	10,403

Notes

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7. "8 U.S. Code § 1101 - Definitions". LII / Legal Information Institute.
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32. "What matters is that USCIS only issued one visa to each alien before the Registration Rule, and it only issues one visa to each alien now."
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References

1. United States Citizenship and Immigration Service, "Characteristics of Specialty Occupation Workers (H-1B)," for FY 2004 and FY 2005, November 2006.
2. "Microsoft Cuts 5,000 Jobs as Recession Curbs Growth (Update5)", Bloomberg, 22 Jan 2009 (Microsoft Lays off 5,000 even as they use 3,117 visas in 2006.)
3. Bill Gates, Chairman of Microsoft, Testimony to the U.S. Senate Committee Health, Education, Labor, and Pensions. Hearing "Strengthening American Competitiveness for the 21st Century." March 7, 2007
4. Business Week, Immigration: Google Makes Its Case, 7 Jun 2007.
5. Business Week, Who Gets Temp Work Visas? 7 Jun 2007 (Top 200 H-1B Visa Users Chart)
6. Business Week, Immigration Fight: Tech vs. Tech, 25 May 2007.
7. Business Week, Crackdown on Indian Outsourcing Firms, 15 May 2007.
8. Dr. Norman Matloff, Debunking the Myth of a Desperate Software Labor Shortage Archived 2011-01-26 at the Wayback Machine, Testimony to the U.S. House Judiciary Committee, April 1998, updated December 2002
9. CNN, Lou Dobbs, Programmers Guild Interview & Transcript, August 26, 2005
10. Congressional Record: Illegal Aliens Taking American Jobs, June 18, 2003 (House)
11. Center for Immigration Studies, Backgrounder: The bottom of the pay scale, Wages for H-1B Computer Programmer's, John Milano, 2005.

Further reading

• Pittsburgh law firm's immigration video sparks an Internet firestorm, Pittsburgh Post-Gazette, June 22, 2007
• "Lawmakers Request Investigation Into YouTube Video" Archived 2008-02-21 at the Wayback Machine Sen. Chuck Grassley and Rep. Lamar Smith ask the Labor Department to look into a video they say documents H-1B abuse by companies. Information Week, June 21, 2007
• October 2007 study by The Urban Institute Archived 2010-04-10 at the Wayback Machine – Into the Eye of the Storm: Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand B. Lindsay Lowell and Hal Salzman
• Guestworkers in the High-Skill U.S. Labor Market: An Analysis of Supply, Employment, and Wage Trends "(2013) Hal Salzman, Daniel Kuehn, B. Lindsay Lowell Economic Policy Institute"

External links

• U.S. Department of State information on H-1B visa
• U.S. GAO Report on H-1B Problems, PDF format Archived 2011-05-23 at the Wayback Machine
• H-1B Quota Updates from USCIS

v t e United States nonimmigrant visas
Diplomatic	A-1 A-2 A-3
Temporary	B-1 B-2
Transit	C-1 C-2 C-3
Northern Mariana Islands	CW-1 CW-2
Crewman	D-1 D-2
Treaty investor	E-1 E-2 E-3 E-3D E-3R
Students	F-1 F-2 F-3
Official	G G-1 G-2 G-3 G-4 G-5
Temporary worker	H-1A H-1B H-1B1 H-1C H-2A H-2B H-2R H-3 H-4
Media / journalist	I-1
Cultural Exchange	J-1 J-2
Family of US Citizen	K-1 K-2 K-3 K-4
Intracompany transfer	L-1 L-2
Vocational Students	M-1 M-2 M-3
SK visa dependents	N-8 N-9
NATO	NATO-1 NATO-2 NATO-3 NATO-4 NATO-5 NATO-6 NATO-7
Extraordinary ability	O-1 O-2 O-3
Athletes, artists, entertainers	P-1 P-2 P-3 P-4
Cultural exchange	Q-1
Religious	R-1 R-2
Witnesses / informants	S-5 S-6 S-7
Human trafficking victims	T-1 T-2 T-3 T-4 T-5
USMCA professionals	TD TN
Crime victims	U-1 U-2 U-3 U-4 U-5 SIJS
Family of permanent residents	V-1 V-2 V-3
Visa Waiver Program	WB WT GB GT

Categories:

• United States visas by type
• Employment of foreign-born people
• 1990 introductions