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H-1B VISAS

The H-1B is a temporary work visa that allows US employers to hire foreign workers for “specialty occupations” that require at least a bachelor’s degree in a specific field. It is initially valid for three years but can be extended for up to six years, or longer for those in line for a Green Card. Currently, 85,000 new H-1B visas can be issued each year, with 20,000 reserved for applicants with a master’s degree or higher from a US educational institution. Colleges, universities, and related non-profits; non-profit research institutions; and governmental research institutions are exempt from the cap. Because the demand significantly exceeds the cap, a lottery system is used to allocate the 85,000 visas.

To protect US workers from adverse effects, H-1B employers must file a Labor Condition Application, which requires them to confirm that they will pay the prevailing wage and meet US labor standards, among other requirements.

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Employers must confirm they will comply with four requirements:

  1. Prevailing Wage—They will pay the H-1B worker whichever is higher: the actual wage they pay other employees in that job or the prevailing (average) wage for workers with similar qualifications in the same occupation in their area of employment.
  2. Working Conditions—They will meet the same labor standards (like required hours per week and safety standards) that apply to US workers.
  3. No Strike or Lockout—They will not use H-1B workers to fill positions that are vacant because of a strike or lockout.
  4. Notice Requirement—They will provide notice to the company’s current employees that they are hiring H-1B foreign workers, providing an opportunity for the employer’s current workers to see the job title and salary being offered and to file a complaint if they believe the employer has lied on the application.

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