The H-1B visa is a nonimmigrant, employment-based visa under the Immigration and Nationality Act (INA) Section 101(a)(15)(H). The H-1B regulations apply to U.S. employers seeking to hire foreign workers in temporary, specialty occupation positions. The H-1B visa program allows educated foreign workers with in-demand skills to fill positions in the U.S. labor market, particularly in industries where qualifying Science, Technology, Engineering and Mathematics (STEM) degrees are required.

Although the U.S. Citizenship and Immigration Service (USCIS) will not begin accepting H-1B cap-subject petitions for fiscal year 2017 until April 1, 2016, it is advisable for employers to begin preparing their H-1B cap-subject petitions as soon as possible.

Basic Requirements

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