Lowdown on H-1B
HIGHLIGHTS
The US H-1B visa is a non-immigrant visa that allows US companies to temporarily employ foreign workers in specialty occupations. Every year, a fixed number (85,000) of these visas are issued and more than 70% got Indian workers.
A worker with an H-1B visa can remain in the US for up to six years. The visa is initially issued for three years but can be extended for an additional three years
A person in H-1B status must continue to be employed by the same employer. If the employment ends, the person must leave the United States unless they are able to find another job compatible with the H-1B status.
The H-4 visa is issued to spouses and unmarried children of H-1B visa-holders.
A person on H-1B visa can be sponsored for Green Card by their employer; to stay permanently and seek American citizenship if they want
TIMELINE
1952 US Congress creates the H-1 visa for skilled workers with “distinguished merit and ability"
1990 The H-1 category is split into H-1A for nurses, and H-1B for workers in a "specialty occupation" ‘
1998 Law introduces additional payment for H-1B visa application and the quota of the visas is increased for two years, to 115,000 a year.
2000 The fee is increased and so is the annual cap to 195,000.
2004 The fee to retrain American workers is increased and a new anti-fraud fee is established. The H-1B cap returns to 65,000 annually.
2009 New law requires employers to attest that additional H-1B workers would not displace US workers
2015 A new rule makes certain spouses of H-1B workers eligible for work — H-4 EAD
2017 Rule allows employees a 60 day grace period to find new employment or leave the US after losing a job
2017 An executive order sets up new system that favours higher-skilled, higher-paid applicants