H-1B Visa Information Center

This page is dedicated specifically to information on the H-1B visa.

Specialty Workers (H-1B) (see also our FAQ page)

Labor Condition Application
The first step to hiring most H-1B workers from outside the U.S. is for the employer to file a labor condition application (LCA) with the Department of Labor (DOL). Then the employer is required to file the LCA approval notice with the I-129 petition. For specific procedures on filing, please visit the Department of Labor's Employment and Training Administration. Some terms and conditions of the H-1B classification:

• Work authorization for H-1B foreign specialty workers is employer-specific (i.e. limited to employment with the approved employer/petitioner).
• A change of employer requires a new H-1B petition; under some circumstances, a nonimmigrant who was previously issued an H1-B visa or provided H1-B nonimmigrant status may begin working for a new H1-B employer as soon as the new employer files a "nonfrivolous" H1-B petition for the nonimmigrant. For more information, please go to the Changes to the HB Program page.
• Multiple employers require multiple H-1B petitions.
• The employer is responsible for return transportation costs for an employee terminated prior to the end of the approved period of employment.
• H-1B foreign specialty workers are not required to maintain foreign residence and may seek permanent residence in the U.S.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-1B workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification. Including more than one worker in a petition

Each petition may only include one worker.

H-1B1 Specialty Occupations (see also our FAQ page)

The H-1B1 category applies to an alien coming temporarily to perform services in a specialty occupation which requires the theoretical and practical application of highly specialized knowledge requiring completion of a specific course of higher education. Document Requirements for H-1B Classification Petition
The petition (Form I-129) should be filed by the U.S. employer with:

• A certified labor condition application from the Department of Labor;
• Copies of evidence that the proposed employment qualifies as a specialty occupation;
• Evidence the alien has the required degree by submitting either:

•  A copy of the person's U.S. baccalaureate or higher degree which is required by the specialty occupation;
• A copy of a foreign degree determined to be equivalent to the U.S. degree; or
• Copies of evidence of education and experience which is equivalent to the required U.S. degree;
• A copy of any required license or other official permission to practice the occupation in the state of intended employment; and
• A copy of any written contract between the employer and the alien or a summary of the terms of the oral agreement under which the alien will be employed.

H-1B2 Research and Development Project

The H-1B2 category applies to an alien coming temporarily to perform services of an exceptional nature relating to a cooperative research and development project administered by the Department of Defense. Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer and must be filed with:

• A description of the proposed employment and evidence the services and project meet the above conditions; and
• A statement listing the names of all aliens who are not permanent residents who have been employed on the project within the past year, along with their dates of employment.
• Note: this category does not require an LCA.

H-1B3 Fashion Model

The H-1B3 category applies to a fashion model who is nationally or internationally recognized for achievements, to be employed in a position requiring someone of distinguished merit and ability. Petition Document Requirements
The petition (Form I-129) should be filed by the U.S. employer with:

• A certified labor condition application from the Department of Labor;
• Copies of evidence establishing that the alien is nationally or internationally recognized in the field of fashion modeling. The evidence must include at least two of the following types of documentation which show that the person:
  • Has achieved national or international recognition in his or her field as evidenced by major newspaper, trade journals, magazines or other published material;
  • Has performed and will perform services as fashion model for employers with a distinguished reputation;
  • Has received recognition for significant achievements from organizations, critics, fashion houses, modeling agencies or other recognized experts in the field; and
  • Commands a high salary or other substantial remuneration for services, as shown by contracts or other reliable evidence.
• Copies of evidence establishing that the services to be performed require a fashion model of distinguished merit and ability and either:
• Involve an event or production which has a distinguished reputation; or
• The services are as participant for an organization or establishment that has a distinguished reputation or record of employing persons of distinguished merit and ability.

Registered Nurses (H-1C's)

The H-1C category applies to an alien coming temporarily to perform services as a registered nurse in a health professional shortage area as determined by the United States Department of Labor. Only 500 nurses can be granted H-1C status in a fiscal year nationally. There are also numerical limitations for each state based on the state's population. The cap for states with populations in excess of 9 million is 50 per fiscal year. The cap on states with populations of 9 million or less is 25 per fiscal year.

How to petition for an H-1C nurse
An H-1C petition can only be filed by a United States employer hospital (facility) that has filed an attestation on Form ETA 9081, Attestation for H-1C Nonimmigrant Nurses, with the United States Department of Labor. For information on how to file an attestation with the Department of Labor, please visit the Department of Labor's Employment and Training Administration. Petitions for an H-1C nurse must be filed on form I-129, Petition for Nonimmigrant Worker, at the Vermont Service Center.

Supporting documentation to be filed with an H-1C petition
The petition (Form I-129) should be filed by the facility with:

• A current copy of the Department Labor's acceptance of the filing of an attestation on Form ETA 9081;
• A statement from the facility describing any limitation which the laws of the state or jurisdiction of intended employment place on the alien's services;
• Evidence that the alien(s) named on the petition is a person who is or will be authorized by a State Board of Nursing to engage in registered nurse practice in a state or U.S. territory or possession, and who is or will be practicing at a facility which provides health care services;
• Evidence that the alien(s) named on the petition has passed the examination given by the Commission on Graduates of Foreign Nursing Schools (CGFNS), or has obtained a full and unrestricted (permanent) license to practice as a registered nurse in the state of intended employment or has obtained a full and unrestricted (permanent) license in any state or territory of the United States and received temporary authorization to practice as a registered nurse in the state of intended employment;
• Evidence that the alien(s) has obtained a full and unrestricted license to practice professional nursing in the country where the alien obtained nursing education or has received nursing education in the United States; and
• Evidence that the alien(s) named on the petition is fully qualified and eligible under the laws (including such temporary or interim licensing requirements which authorize the nurse to be employed) governing the place of intended employment to practice as a registered nurse immediately upon admission to the United States, and is authorized under such laws to be employed by the employer.

Some terms and conditions of the H-1C classification:

• Work authorization for H-1C nurses is employer-specific, i.e. limited to employment with the approved employer/petitioner.
• A change of employer requires a new H-1C petition; new employment (any employment other than the originally approved employment) cannot begin until a petition for change of employment (Form I-129) is approved by the INS. If an H-1C nonimmigrant nurse will work for more than one employer, each employer must file its own H-1C petition on the alien's behalf.
• An H-1C alien is not precluded from applying for adjustment of status to permanent residence if the alien is otherwise eligible for adjustment of status.
• More than one nurse may be included on an H-1C petition.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-1C workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Period of Admission
The maximum period of admission for an H-1C alien is three years. An alien may receive an extension of stay to complete the 3-year period of admission. However, an extension of stay may not be granted to extend the alien's period of admission beyond the initial 3-year period of time.

Temporary Alien Labor to Meet Temporary Needs (H-2's)
U.S. employers may petition for skilled or unskilled alien workers to meet temporary or seasonal needs in positions for which qualified U.S. workers are not available. It is important to note that the employer's need for such services must be temporary. There is currently an annual cap of 66,000 visas for H-2B workers. There is currently no annual cap on visas for H-2A workers.

Labor Certification
The first step to hiring an H-2 worker from outside the U.S. is for the employer to apply for a temporary labor certification with the Department of Labor. These certificates are designed to ensure that the admission of aliens to work in this country on a temporary basis will not adversely affect the job opportunities, wages, or working conditions of U.S. workers. The employer is required to file the labor certification with the I-129 petition. For specific procedures on filing, please visit the Department of Labor's Employment and Training Administration.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-2 workers are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 classification.

Including more than one alien in a petition
A single petition may cover multiple workers if:

• they will perform the same services
• they will work in the same location
• they are included on the same labor certification and,
• they come from places that are served by the same U.S. consulate, or, if visa exempt, they will enter at the same port of entry.

It is not necessary to identify requested H-2A beneficiaries by name (unless only a single worker is needed) if they are unnamed on the underlying labor certification. H-2B beneficiaries must be named unless circumstances (e.g. emergencies) make identification by name impossible. The number of unnamed beneficiaries must always be stated on the petition.

H-2A Agricultural worker

The H-2A classification applies to an alien coming temporarily to engage in temporary or seasonal agricultural employment.

Petition Document Requirements
Before filing this petition an employer must first apply for a labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that the wages and working conditions meet regional standards. The petition (Form I-129) must be filed by a U.S. employer or an association of U.S. agricultural producers named as a joint employer on the certification. It should be filed with:

• An original valid temporary agricultural labor certification from the Department of Labor. If the application is denied because it is determined that U.S. workers are available but they do not subsequently appear at the work site, the petition should be filed with a copy of that agency's denial or a certification and appeal, and evidence that qualified domestic labor is unavailable; and
• Copies of evidence that each named alien met the requirements as stated when applying for the labor certification.

H-2B Skilled or Unskilled Worker

The H-2B classification applies to an alien coming temporarily to engage in non-agricultural employment which is seasonal, intermittent, a peak load need, or a one-time occurrence.

Petition Document Requirements
Before filing this petition the U.S. employer must first apply for a temporary labor certification from the Department of Labor to demonstrate that U.S. workers are not available and that wages and working conditions meet regional standards. The U.S. employer should file the Form I-129 petition with:

• Either an original single valid temporary labor certification from the Department of Labor (or the Governor of Guam if the proposed employment is solely in Guam), indicating that qualified U.S. workers are not available and that employment of the alien will not adversely affect the wages and working conditions of similarly employed U.S. workers; or
• An original notice from such authority stating that such certification cannot be made, along with evidence of the unavailability of U.S. workers and of the prevailing wage rate for the occupation in the U.S., and evidence overcoming each reason why the certification was not granted; and
• Copies of evidence, such as employment letters and training certificates, demonstrating that each named alien meets the minimum job requirements stated in the certification

Alien Trainees (H-3)

The H-3 classification applies to aliens (beneficiaries) coming temporarily to the U.S. to participate in a training program. There are general H-3's, and those coming for special education training. There is currently no annual cap on H-3 admissions to the U.S.

The petitioning employer or sponsors must demonstrate that the:

• Proposed training is not available in the beneficiary's home country
• Beneficiary will not be placed in a position which is in the normal operation of the business, and in which citizens and resident alien workers are regularly employed
• Beneficiary will not be productively employed except as incidental to training
• Training will benefit beneficiary in pursuing a career outside the U.S.

Note: H-3 status is not appropriate for graduate education, including medical training, except under special circumstances. Petitioning employers may not use H-3 classification for training programs primarily designed to benefit the U.S. companies and/or where U.S. workers would be employed but for the trainees' services.

Dependents
Dependents (spouses and unmarried children under 21 years of age) of H-3 principal trainees are entitled to H-4 status with the same restrictions as the principal. Dependents may not be employed under the H-4 status.

Including more than one alien in a petition
Aliens who will apply for their visas at the same consulate or, if they do not need visas, will enter at the same port of entry may be included in one petition if

• the dates of training are the same, and
• they will perform the same duties.

H-3 Training
The H-3 category applies to an alien coming temporarily to receive training from an employer in any field other than graduate education or training.

Petition Document Requirements
The petition should be filed by the U.S. employer with:

• A detailed description of the training program, including the number of classroom hours per week and the number of hours of on-the-job training per week;
• A summary of the prior training and experience of each alien in the petition; and
• An explanation of why the training is required, whether similar training is available in the alien's country, how the training will benefit the alien in pursuing a career abroad, what benefits the employer will derive from the training, and why the employer will incur the cost of providing the training without significant productive labor from the trainee(s)

H-3 Special education training program
The H-3 classification also applies to an alien coming temporarily to participate in a special education training program in the education of children with physical, mental, or emotional disabilities.

Petition Document Requirements
The petition (Form I-129) must be filed by the U.S. employer who has a professional staff and a structured program for providing education to children with disabilities. The petition must be filed with:

• A description of the training, staff and facilities, evidence the program meets the above conditions and details of the alien's participation in the program; and
• Copies of evidence the alien is nearing completion of a baccalaureate degree or higher in special education, or already holds such a degree or has extensive prior training and experience in teaching children with physical, mental, or emotional disabilities.