The H-1B visa is a nonimmigrant work visa that allows U.S. employers to hire foreign workers for specialty jobs that require a bachelors degree or equivalent. The H-1B visa has its roots in the H-1 visa of the Immigration and Nationality Act of 1952, which was split into the H-1A (for nurses) and H-1B by the Immigration Act of 1990. The H-1B visa is subject to an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year, with an additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education being exempt from the cap.

To apply for an H-1B visa, a prospective petitioner must include a Form ETA-9035/9035E, Labor Condition Application (LCA) certified by the Department of Labor (DOL), with the Form I-129, Petition for a Nonimmigrant Worker. The H-1B visa is generally valid for three years and can usually be extended for up to six years. The H-1B visa is a dual-intent visa, which means that it is possible to apply for a green card while on an H-1B visa.

The application process for an H-1B visa is complex and lengthy. There are legal requirements on the employee and employer sides. To begin the process, the applicant must first find a sponsor. That sponsor must submit a Labor Conditions Approval and Form I-129. Then, the employer will work with the sponsored employee to complete an H1B visa petition.