H-1B visa

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The H-1B is a foreign worker visa in the United States that allows U.S. employers to hire foreign workers in so-called specialty occupations. The regulation and implementation of the visa program is carried out by the United States Citizenship and Immigration Services (USCIS) within the United States Department of Homeland Security (DHS).

Although U.S. law does not specify what it considers "specialty occupations," they are defined as a category of specialized knowledge and eligible applicants must have at least a bachelor's degree or higher qualification, or the equivalent work experience.<ref name=":0">8 U.S.C. 1182 (n)(2)(c)(i), 20 Code Fed. Reg. 655.810 (b)(1), 20 Code Fed. Reg 655.801 (b), and 20 Code Fed. Reg. 655.810(b)(2)</ref><ref name=":1">Department of Homeland Security. “Specialty occupation.” Code of Federal Regulations, 8 CFR 214.2(h)(4)(ii).</ref>

The visa allows an initial three-year stay in the U.S., which may be extended to a maximum of six years. After this period, the visa holder must either leave the U.S. or reapply. The number of H-1B visas issued each fiscal year is capped at 65,000, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from a U.S. institution. Sponsorship by an employer is required for applicants.<ref name=":0" />

In 2019, the USCIS estimated there were 583,420 foreign nationals on H-1B visas in the United States.<ref>H1-B Authorized-to-Work Population Estimate. (September 30, 2019). Report. Office of Policy and Strategy, Policy Research Division, United States Citizenship and Immigration Services.Archived from the original on December 28, 2024.</ref> Between 1991 and 2022, the number of H-1B visas issued quadrupled.<ref>Kandal, William A.; Wilson, Jill H.; and Donovan, Sarah. A. (November 19, 2024). U.S. Employment-Based Immigration Policy. (PDF Report) Congressional Research Service. Archived from the original on December 29, 2024.</ref> 265,777 H-1B visas were approved in 2022, the second-largest category of visa in terms of the number of foreign workers after the 310,676 H-2A visas issued to temporary, seasonal, agriculture workers.<ref>Template:Cite report</ref>

The H-1B program has been criticized for potentially subsidizing businesses, creating conditions likened to modern indentured servitude, institutionalizing discrimination against older workers, and suppressing wages within the technology sector. Economists and academics remain divided on the program's overall effect, including its effects on innovation, U.S. workers, and the broader economy.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>Template:Cite news</ref><ref>Template:Citation</ref><ref>Template:Cite journal</ref>Template:Excessive citations inline

Eligibility and application process

The H-1B visa is a non-immigrant visa in the United States that allows employers to hire foreign workers in specialty occupations, has an annual cap on the number of issued visas, and requires employers to submit paperwork that ensures compliance with various provisions of the law authorizing the visa.

Specialty occupation

H-1B visas, as defined by United States Code, are those jobs that require a "theoretical and practical application of a body of highly specialized knowledge" and a bachelor's degree or higher or the equivalent experience.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In order to determine which jobs qualify under the law, the USCIS works with the Department of Labor and its Standard Occupational Classification database to determine a list of specific occupations.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Employment

To maintain H-1B visa status, visa holders must maintain employment with their sponsoring employer. If employment ends, the individual must either leave the U.S., seek a change of status, or obtain a new H-1B sponsorship.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> As of 2017, USCIS implemented a grace period of up to 60 days following employment termination, during which the individual may remain in the United States to seek new employment or file for a change of status.<ref>U.S. Department of Homeland Security, U.S. Citizenship and Immigration Services (November 18, 2018) "Retention of EB–1, EB–2, and EB–3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers," Federal Register, 81, no. 233: pp. 82389–82492. Archive from the original. on December 11, 2024.</ref>

Duration of status

The duration of stay for an H-1B visa holder is typically six years. In 2000, some exemptions were added to increase the length of stay for some visa holders:

• Permanent Residency Applications: If the visa holder has filed a Form I-140 or a Permanent Labor Certification before the fifth year of having an H-1B visa, they may extend their H-1B status in one-year increments until the government decides whether to grant permanent residency status.<ref>{{#invoke:citation/CS1|citation

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• Priority Date Delays: If an approved I-140 petition exists but the applicant cannot proceed with the green card process due to a backlog, they may be eligible for a three-year extension.<ref>106th Congress. (2000). American Competitiveness in the 21st Century Act (AC21), Pub. L. 106-313, 114 Stat. 1254. Government Publishing Office.</ref>
• Department of Defense Projects: H-1B holders working on specific Department of Defense projects may extend their visa up to ten years.<ref>Template:Cite report</ref>

For certain countries, the three-year extension period has been set to one-year extensions for various reasons. For example, during Melania Trump's time as a H-1B visa holder, she was limited to one-year increments, which was the maximum time allowed for H-1B visa for citizens of Slovenia. Melania Trump became a U.S. citizen in 2006.<ref name="slovenia-one-year">Template:Cite magazine</ref>

After six years, H-1B holders who have not obtained permanent residency must spend one year outside the U.S. before reapplying for another H-1B visa, unless they qualify for an extension under the exceptions mentioned above.<ref name="harvard-six-years">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Visa holders may change to a job in a specialized occupation other than the one they were approved for in their initial application providing their new job is considered a specialized occupation and that their employment is officially sponsored by their new employer.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Electronic registration process and lottery

The USCIS uses an electronic registration system and lottery process to manage applications. American employers H-1B workers must create an account on the USCIS online portal. This account enables them to submit registrations for prospective beneficiaries during the designated registration period.<ref name=":3">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

USCIS announces dates for the registration period each fiscal year, typically in March. As of April 2024, the registration fee is $215 per beneficiary. This fee is non-refundable and must be paid at the time of registration. Employers provide basic information about their company and each prospective beneficiary. USCIS states the streamlined process reduces the administrative burden compared to submitting full petitions initially.<ref name=":3" />

The annual H-1B season officially starts in March of each year, when petitioners are allowed to register electronically for their applicant. If more registrations are submitted there will be a random selection, also called an H-1B lottery.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> After the registration period closes, USCIS conducts the lottery and notifies selected registrants. Employers with selected registrations have a limited period, typically 90 days, to submit completed H-1B petitions (Form I-129) for their beneficiaries. The earliest date for filing these petitions is usually April 1.<ref name=":3" />

During the 2024 fiscal-year lottery, there were 758,994 eligible electronic registrations and 110,791 people selected for an H-1B visa.<ref name=":3" />

Selected registrants can begin filing their Labor Condition Application with the Department of Labor on April 1.<ref name=":2" /> It allows a six-month window before the employee start date on October 1.<ref name=":3" />

USCIS implements measures to prevent fraud and abuse in the registration process, including a beneficiary-specific selection process to prevent multiple registrations for the same individual by different employers. These measures aim to ensure a fair selection process.<ref name=":3" />

In March 2017, a federal judge in Oregon dismissed a lawsuit challenging the H-1B visa lottery system, granting summary judgment in favor of USCIS, applying Chevron deference. The court's ruling acknowledged USCIS's discretion in implementing this system to address the overwhelming number of petitions received each year.<ref name="nlr-lawsuit-decision">Template:Cite magazine</ref><ref name="cw-lawsuit-decision">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Labor Condition Application

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Before an employer can hire a foreign worker under the H-1B visa program, the employer must submit a Labor Condition Application (LCA) to the U.S. Department of Labor for certification. The LCA ensures the employment of H-1B workers will not harm the wages or working conditions of U.S. workers in similar roles.<ref name=":4">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>8 U.S.C. 1182(n)-(p): Inadmissible aliens. Archived from the original on January 5, 2025.</ref><ref name=":5">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The LCA is designed to protect both U.S. and foreign workers by setting standards for wages and working conditions. Employers are prohibited from using the H-1B program to replace U.S. workers during labor disputes or to exploit foreign workers by offering substandard wages. Employers must keep detailed public records, making LCAs available for inspection by the Labor Department and members of the public upon request. The required forms to fulfill this requirement are Forms ETA-9035 and 9035. The Labor Department has different requirements for workers who are dependent on H-1B visa workers.<ref name=":4" /><ref name=":5" />

Employers hiring H-1B visa workers must:<ref name=":5" />

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According to additional rules for employers who are dependent upon H-1B workers or are willful violators of the H-1B rules:

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Additional rules apply to employers who are dependent (15 percent or more of their workforce) or who have violated rules with the Department of Labor in the past.<ref name=":5" />

Maintaining status

Taxation of H-1B visa holders

H-1B visa holders are taxed based on residency status under the Substantial Presence Test.<ref name=":6">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Those present in the U.S. for at least 183 weighted days over three years are resident aliens and taxed on worldwide income. Others are nonresident aliens, taxed only on U.S.-sourced income.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

H-1B workers must pay Social Security and Medicare taxes, unless exempt under a Totalization Agreement.<ref name=":6" /> As such, visa holders may be eligible for receiving Social Security benefits upon retirement should the individual have enough credits and not barred by any totalization agreements with their home country.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Employers also pay federal unemployment tax on their wages.<ref name=":6" />

For tax filing, nonresidents use Form 1040-NR, while residents file Form 1040.<ref name=":6" /> Dual-status taxpayers (those changing residency status during the year) must file specialized returns.<ref name=":6" />

H-1B holders who qualify for tax treaty benefits must file Form 8833, with additional forms for specific exemptions.<ref name=":6" /> Ensuring compliance with tax classification and reporting prevents penalties.<ref name=":6" />

Dual intent

H-1B visas are considered "dual intent" because it is a temporary visa which gives visa holders the option to apply for permanent residency.<ref name="henrychang">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Employers often support this process by sponsoring green card application for H-1B employees.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> Typically, visa holders will be working in the U.S. with the visa while they apply for permanent residency<ref>Template:Cite news</ref><ref>Template:Cite news</ref>

Dependents of visa holders

H-1B visa holders can bring immediate family members, such as their spouse and children under 21, to the United States as dependents under the H-4 visa category.<ref>Rosenow, Manfred (May 20, 1991). "How Foreigners Can Work Temporarily in This Country." The Miami Herald. p. 13B.</ref>

An H-4 visa holder may remain in the U.S. as long as the H-1B visa holder retains legal status. An H-4 visa holder is allowed to attend school, apply for a driver's license, and open a bank account in the U.S.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Traveling outside the U.S.

When an H-1B worker travels outside the U.S. (except to Canada or Mexico for 30 days or less),<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> they must have a valid visa stamp in their passport to re-enter the US.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> If their visa stamp has expired but they have an unexpired I-797 petition approval notice, they must visit a U.S. embassy and appear before a Department of State Consular Officer to obtain a new H-1B visa stamp.

Consular officers follow the Foreign Affairs Manual, which states that an approved USCIS petition confirms the basic requirements for H-1B classification have been met.<ref name="9FAM402-103">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> However, officers do not re-evaluate whether the job qualifies as a specialty occupation or whether the applicant meets all position-related requirements.

While USCIS approval does not guarantee a visa, consular officers can only refuse issuance if they suspect fraud or misrepresentation. They rely on their cultural and local knowledge to assess credibility.<ref name="9FAM402-103"/> If concerns arise, they may request additional evidence or take more time to decide.<ref name="9FAM402-103"/> If issues are confirmed, the case is sent back to USCIS for review, where the petition is either reaffirmed or revoked.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Consular officers themselves do not have the authority to revoke USCIS-approved petitions.<ref name="9FAM402-103"/>

In some visa-application cases, H-1B workers can be required to undergo "administrative processing" involving extra background checks. Under current rules, these checks are supposed to take ten or fewer days but in some cases, have lasted years.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

An individual with a valid H-1B visa does not need a visa to enter Costa Rica for tourism for up to 30 days.<ref name="Costa Rica">"Situations That Do Not Need Tourist Visa to Enter Costa Rica Template:Webarchive". Embassy of Costa Rica in Washington, D.C. Retrieved December 10, 2018.</ref> The H-1B visa must be stamped in the passport and be valid for at least six months.<ref name="Costa Rica" /> The passport must be valid for at least six months after entering Costa Rica.<ref name="Costa Rica" />

Domestic Visa Renewal Pilot Program (2024)

The Department of State introduced a limited Domestic Visa Renewal Pilot Program from January 29 to April 1, 2024, to simplify the H-1B visa renewal process. This program allowed select H-1B visa holders who had previously received their visas from specific consulates in Canada or India to renew them within the U.S., avoiding the need for international travel.

Capped at 20,000 participants, the program offered 4,000 filing slots per week over five weeks. It was limited to H-1B renewals for applicants not subject to reciprocity fees or requiring in-person interviews. Those whose previous H-1B visa were marked “Clearance Received," indicating a prior Security Advisory Opinion, were not eligible to participate.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Unemployment

If an employer lays off an H-1B worker, the employer is required to pay the "reasonable" costs of the laid-off worker's transportation outside the U.S.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> If an H-1B worker is laid off or quits, the worker has a grace period of 60 days or until the I-94 expiration date, whichever is shorter, to find a new employer or leave the country.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

There is a 10-day grace period for an H-1B worker to depart the U.S. at the end of their authorized period of stay. This grace period applies only if the worker works until the H-1B expiration date listed on their I-797 approval notice or I-94 card.<ref>"8 CFR 214.2(h)(13)(i)(A) Template:Webarchive". via Legal Information Institute, Cornell University Law School. Retrieved November 14, 2018. "Except as set forth in 8 CFR 214.1(l) with respect to H-1B beneficiaries and their dependents andparagraph (h)(5)(viii)(B) of this section with respect to H-2A beneficiaries, a beneficiary shall be admitted to the United States for the validity period of the petition, plus a period of up to 10 days before the validity period begins and 10 days after the validity period ends. The beneficiary may not work except during the validity period of the petition."</ref>

Annual cap

The H-1B visa program is subject to an annual cap of 65,000 visas, with an additional 20,000 visas available for applicants holding advanced degrees from U.S. institutions. Certain employers are exempt from these caps, including:<ref name=":2">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• institutions of higher education,
• nonprofit and governmental research organizations,
• cap-exemption employees (those who have already received H-1B visas),
• applications to work in the Northern Mariana Islands and Guam, and
• Chilean and Singaporean nationals.

Prospective H-1B workers seeking employment in the U.S. territories of the Northern Mariana Islands and Guam are exempt from the cap until December 31, 2029. If approved, visa holders may only work in the territory (NMI or Guam) for which they are approved.<ref name=":2" />

The Chile–United States and Singapore–United States Free Trade Agreements establish separate annual quotas for citizens of Chile (1,400/year) and Singapore (5,400/year). Unused application quotas are added to the general cap for H-1B visas for the following year.<ref name=":2" />

The E-3 visa is specifically designated for Australian citizens and not subject to the H-1B cap. E-3 visas offer an alternative route for Australian professionals to seek employment in the United States, has an annual cap of 10,500 visas per year, and a different duration and application process.<ref name=":2" />

History

Visa creation

On June 27, 1952, Congress passed the Immigration and Nationality Act after overriding a veto by President Harry S. Truman. For the first time, the Immigration and Nationality Act codified United States' immigration, naturalization, and nationality law into permanent statutes, and introduced a system of selective immigration by giving special preference to foreigners having skills that were urgently needed by the U.S.<ref>Template:Cite news</ref> Several types of visas were established, including a H-1 visa for "an alien having a residence in a foreign country which he has no intention of abandoning who is of distinguished merit and ability and who is coming temporarily to the United States to perform temporary services of an exceptional nature requiring such merit and ability."<ref name="ina1952">"Immigration and Nationality Act," Pub. L. 82-414, 66 Stat. 163 (1952). Archived from the original on December 15, 2018.</ref> The term "distinguished merit and ability" was not new to U.S. immigration law; it had previously been used as a qualification for musicians and artists who had wanted to enter the country.<ref>Template:Cite news</ref><ref>"Foreign Musicians Face Rigid Tests: 'Distinguished Merit and Ability' May Enter America, Washington Rules". The New York Times. October 28, 1934. p. N1.</ref> The visa was called an H-1 visa because it was enacted by section 101(15)(H)(1) of the Immigration and Nationality Act.<ref name= ina1952/>

The Immigration Act of 1990

President George H. W. Bush signed the Immigration Act of 1990 into law by on November 20, 1990. The H-1 visa was split into the H-1A visa for nurses, and the H-1B visa for workers in specialty occupations. The Immigration Act defined a specialty occupation as "an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States." To qualify, a visa applicant needed any applicable state license for the particular occupation, and either an educational degree related to the occupation or an equivalent amount of professional experience. For the first time, a quota of 65,000 H-1B visas available each fiscal year was established. Employers were required by law to pay such employees at least the prevailing wage for the position, and to make certain attestations by way of a Labor Condition Application.<ref>"Hiring skilled non-citizens OK if done properly." The Telegraph (Nashua, New Hampshire). March 16, 1999.</ref><ref>Rosenow, Manfred (February 10, 1991). "Professional Visas Now Tough to Obtain." The Miami Herald. p. 14B.</ref>

The American Competitiveness and Workforce Improvement Act of 1998

President Bill Clinton signed the American Competitiveness and Workforce Improvement Act into law on October 21, 1998. The law required each application for an H-1B to include an additional $500 payment that would be used for retraining U.S. workers to reduce the future need for H-1B visas. The quota of H-1B visas was increased from 65,000 to 115,000 for fiscal years 1999 and 2000 only. For an employer with a large number of employees in H-1B status or one who had committed a willful misrepresentation in the recent past, the employer was required to attest the additional H-1B worker would not displace any U.S. workers.<ref name="GAO Report 2000">"H-1B Foreign Workers – Better Controls Needed to Help Employers and Protect Workers Template:Webarchive". United States General Accounting Office. September 2000. Retrieved May 15, 2015.</ref> The act also gave investigative authority to the United States Department of Labor.

The American Competitiveness in the 21st Century Act of 2000

On October 17, 2000, President Bill Clinton signed into law the American Competitiveness in the 21st Century Act,<ref>Ingber, Jerome B. (November 30, 2000). "Immigration News": American Competitiveness in the 21st Century Act (ACT21)". Asian Pages (St. Paul, Minnesota). p. 12.</ref> which increased the retraining fee from $500 to $1,000. The quota was increased to 195,000 H-1B visas in fiscal years 2001, 2002, and 2003 only. Nonprofit research institutions sponsoring workers for H-1B visas became exempt from the H-1B visa quotas.<ref>Kaye, Allen E; Danilov, Dan P. (July 20, 2000). "Immigration Update: Major provisions of H-1B law from 1998 presented". Filipino Reporter (New York, New York). p. 22.</ref>

Under the law, a worker in H-1B status who had already been subject to a visa quota would not be subject to quotas if requesting a transfer to a new employer or if applying for a three-year extension.<ref name="Senate Passed $600 Million Border Security Bill and Increases H-1B and L-1 Visa Application Fees">"Changes to the H-1B and L-1 Visa Application Fees Template:Webarchive". Law Offices of Ron Katiraei. August 12, 2010.</ref> An H-1B worker was now allowed to change employers if the worker had an I-485 application pending for six months and an approved I-140, and if the new job was substantially comparable to their current one.<ref>Sundaram, Viji (October 13, 2000). "H-1B Visa Holders Jubilant Over Bill". India-West (San Leandro, California). p. A1.</ref>

In the case of an H-1B holder's spouse in H-4 status, the spouse may be eligible to work in the U.S under certain circumstances.<ref name= workvisas>Pfeffer, Joel (April 28, 2015). "Work Visas Available for H-1B Spouses". Pittsburgh Post-Gazette (Pittsburgh, Pennsylvania). p. D3.</ref> The spouse must have an approved "Immigration Petition for Alien Worker" form or have been given H-1B status under sections 106(a) and (b) of the American Competitiveness in the 21st Century Act of 2000.<ref name= workvisas/>

Free trade agreements in 2003

Congress ratified the Singapore–United States Free Trade Agreement in 2003, and later that year, the Chile–United States Free Trade Agreement.Template:Citation needed With these free trade agreements, a new H-1B1 visa that was available solely for people from either Singapore or Chile was established. Unlike H-1B visas that had a limited renewal time, H-1B1 visas could be indefinitely renewed. H-1B1 visas are subject to a separate quota of 6,000 per fiscal year. Unlike H-1B visas, an H-1B1 visa is not a dual-intent visa, and an H-1B1 applicant must convince the visa officer they have no intention of permanently immigrating to the United States.Template:Citation needed

The H-1B Visa Reform Act of 2004

The H-1B Visa Reform Act of 2004 was a part of the Consolidated Appropriations Act, 2005, which President George W. Bush signed on December 6, 2004. For employers with 26 or more employees, the retraining fee was increased from $1,000 to $1,500, and it was reduced to $750 for all other employers. A new $500 "anti-fraud fee" was to be paid by the employer with the visa application.<ref name= 62H>"Fact Sheet #62H: What are the rules concerning deductions from an H-1B worker's pay? Template:Webarchive" Wage and Hour Division. United States Department of Labor. August 2009.</ref> The H-1B quota returned to 65,000 per year and the law added 20,000 visas for applicants with J-1 status with either a master's degree or a doctorate degree from a U.S. graduate school. Governmental entities became exempt from H-1B visa quotas. According to the law, H-1B visas that were revoked due to either fraud or willful misrepresentation would be added to the H-1B visa quota for the following fiscal year.Template:Citation needed The law also allowed one-year extensions for H-1B visa holders who were applying for permanent residency and whose petitions had been pending for a long time. The Department of Labor had more investigative authority, but an employer could defend against misdeeds by using either the Good Faith Compliance Defense or the Recognized Industry Standards Defense.Template:Citation needed

Proposed legislation in 2007

In 2007, Senators Dick Durbin of Illinois and Charles Grassley of Iowa began introducing "The H-1B and L-1 Visa Fraud & Prevention Act" in 2007. According to Durbin, speaking in 2009: "The H-1B visa program should complement the U.S. workforce, not replace it ... The ... program is plagued with fraud and abuse and is now a vehicle for outsourcing that deprives qualified American workers of their jobs." Compete America, a tech industry lobbying group, opposed the proposed legislation.<ref name="BW42409">Herbst, Moira (April 24, 2009). "H-1B Visa Law: Trying Again Template:Webarchive". Businessweek. Retrieved June 8, 2015.</ref>

The Consolidated Natural Resources Act of 2008

The Consolidated Natural Resources Act of 2008 federalized immigration in the U.S. territory of the Commonwealth of the Northern Mariana Islands, and it stipulated during a transition period, numerical limitations would not apply to otherwise qualified workers in the H visa category in the U.S. territories of Guam and the Northern Mariana Islands.<ref>"Consolidated Natural Resources Act of 2008 Template:Webarchive". via United States Government Printing Office. 2008.</ref> The exemption does not apply to any employment to be performed outside of those territories.<ref>"Immigration Q & A: Details on H1-B, H-2B Cap Exemptions for Guam, CNMI". Pacific Daily News (Hagatna, Guam). February 21, 2010. p. B12.</ref>

The Employ American Workers Act of 2009

The Employ American Workers Act, as part of the American Recovery and Reinvestment Act of 2009, was signed into law by President Barack Obama on February 17, 2009.<ref>"Questions and Answers: Employ American Workers Act and its Effect on H-1B Petitions". United States Citizenship and Immigration Services. Archived from the original Template:Webarchive on March 24, 2009.</ref> Employers who applied to sponsor a new H-1B applicant and who had received funds under either the Troubled Asset Relief Program (TARP) or the Federal Reserve Act Section 13 were required to attest the additional H-1B worker would not displace any U.S. workers, and that the employer had not laid off and would not lay off any U.S. worker in a job equivalent to the H-1B position in the area of intended employment of the H-1B worker in the period beginning 90 days prior to the filing of the H-1B petition and ending 90 days after its filing.<ref>FAQ on effect of stimulus legislation on H-1B program Template:Webarchive, cglawaffiliates.x2cms.com/blog.</ref>

Proposed legislation in 2017-2018

In 2017, the U.S. Congress considered more-than doubling the minimum wage for an H-1B holder from the $60,000 (USD) established in 1989 and unchanged since then. The High Skilled Integrity and Fairness Act, which U.S. Rep. Zoe Lofgren of California introduced, would raise H-1B holders' minimum salaries to $130,000.<ref>Template:Citation</ref> The Indian press criticized the action for confirming "the worst fears of [Indian] IT companies" following the reforms discussed during the 2016 Presidential election by both major candidates, and for causing a 5% drop in the BSE SENSEX index.<ref>Template:Citation</ref> Though, India in general has been welcoming this change and requirement since 2015.<ref>Template:Cite news</ref> Lofgren's office described it as a measure to "curb outsourcing abuse," citing unfair tech hiring practices by employers including Disney and University of California San Francisco.<ref>Template:Citation</ref>

Executive action history

Since 2008, USCIS has updated and issued new rules regarding the H-1B visa.Template:Citation needed

STEM Optional Practical Training extension and cap-gap extension

On April 2, 2008, Homeland Security Secretary Michael Chertoff announced a 17-month extension to Optional Practical Training for STEM students, as part of the H-1B Cap-Gap Regulations.<ref name="H-1B Cap-Gap Regulations">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Order Code RL31146">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> This extension allows foreign STEM students to work in the U.S. for up to 29 months on a student visa, providing additional time to secure H-1B sponsorship.<ref name="chertoff-memo">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

To qualify for the standard 12-month OPT, a bachelor’s degree in any field is acceptable. However, the 17-month STEM extension requires a degree in an approved STEM major, as listed by USCIS.<ref name="Cap Gap">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The cap-gap extension, introduced alongside this rule, allows STEM OPT workers with pending or approved H-1B petitions to remain in the U.S. while awaiting the start of their H-1B status.<ref>Template:Cite journal</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The 2010 Neufeld Memo

On January 8, 2010, USCIS issued a memorandum clarifying that a valid employer-employee relationship must exist between an H-1B employer and visa-holding employee, although the memo was ultimately not implemented. The memo stated that employers must demonstrate control over when, where, and how the employee performs their work to maintain compliance.<ref name="newmemo">Joseph, George (February 12, 2010). "H-1B: New memo only targets body shops and rogue employers". India Abroad (New York, New York). p. A18.</ref>

A valid employer-employee relationship typically includes:

• supervision of the employee, either on-site or remotely.
• control over work assignments, schedules, and tasks.
• provision of tools, equipment, and resources necessary for the job.
• authority to hire, pay, evaluate, and terminate employment.
• employee benefits and use of employer-provided proprietary information.

The memo emphasized that common law principles guide the assessment of these factors.<ref name="memo-2010-01-08">Neufield, Donald (January 8, 2010). "Determining Employer-Employee relationship for adjudication of H-1B petitions, Including Third-Party Site Placements Template:Webarchive." United States Citizenship and Immigration Services. United States Department of Homeland Security.</ref>

Third-party placement firms and staffing agencies generally do not qualify for H-1B sponsorship.<ref name="Seguritan">Seguritan, Reuben S, Esq. (April 29, 2011). "H-1B Employers Must Prove Employer-Employee Relationship". The Filipino Express (Jersey City, New Jersey). p. 2, 14.</ref><ref>Joseph, George (January 29, 2010). "Several Indians on H-1B deported on arrival". India Abroad (New York, New York). p. A20.</ref><ref>Seguritan, Reuben S, Esq. (March 12, 2010). "New changes affecting H-1B petitions". The Filipino Express (Jersey City, New Jersey). p. 12, 16.</ref> Senator John Cornyn helped negotiate a halt to the memo’s implementation following concerns from IT outsourcing firms.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

2015 H-1B dependent work authorization

Under this rule, an H-1B worker’s spouse in H-4 status may obtain work authorization if the H-1B holder is either:

1. the principal beneficiary of an approved I-140, or
2. maintaining H-1B status under the American Competitiveness in the Twenty-first Century Act of 2000.

DHS implemented this rule to ease financial burdens on families transitioning from non-immigrant to permanent resident status.<ref>Template:Cite news</ref> It also helps retain high-skilled workers by reducing incentives for them to leave the U.S., preventing disruptions for their employers and the economy.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

2015 work site guidance change

In 2015, USCIS issued final guidance stating if an H-1B worker whose worksite location changes to a different metropolitan area, it is a material change that requires the employer to certify a new Labor Condition Application to the DHS. Temporary worksite changed do not require a new LCA. Examples include a H-1B worker attending a training session, seminar, or conference of short duration, or a temporary moved to a short-term placement of fewer than 30 days. If the amended H-1B petition is disapproved but the original petition remains valid, the H-1B worker retains their H-1B status as long as they return to work at the original worksite.<ref>Phulwani, Michael, Esq; Nachman, David H, Esq; Singh, Rabindra K, Esq. (September 11, 2015). "From 'Must' to 'May' on Retroactivity: USCIS Issues Final Guidance on When to Submit an H-1B Amended Petition Under Simeio Solutions". News India-Times (New York, New York). p. 23.</ref>

2016 H-1B maximum stay clarification

On December 5, 2016, USCIS issued a memorandum to provide guidance for periods of admissions for an individual in H-1B status. The memorandum stated time spent as either an H-4 dependent or an L-2 dependent does not reduce the maximum allowable period of stay available to individuals in H-1B status.<ref>Aytes, Michael (December 5, 2006). "Interoffice Memorandum to all Regional Directors and Service Center Directors Template:Webarchive." United States Citizenship and Immigration Services. United States Department of Homeland Security.</ref>

2017 employment termination grace period rule

On November 18, 2017, United States Citizenship and Immigration Services released a rule that affects individuals in H-1B status whose employment ends.<ref>"USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs Template:Webarchive". United States Citizenship and Immigration Services. November 18, 2017.</ref><ref>"Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Template:Webarchive". United States Department of Homeland Security. November 18, 2016.</ref> In these cases, the individual has a grace period of 60 days to leave the United States or change to another legal status that allows them to remain in the United States.<ref>Chhaya, Mayank (December 9, 2016). "New Immigration Rules Make H-1B Visa Friendlier". India-West (San Leandro, California). p. B9.</ref>

2017 H-4 victims of domestic violence work authorization

In 2005, the Violence Against Women and Department of Justice Reauthorization Act allowed work authorization for victims of domestic violence who are in H-4 status.<ref>"Violence Against Women and Department of Justice Reauthorization Act of 2005 Template:Webarchive". United States Congress. January 5, 2006.</ref> On February 17, 2017, USCIS instituted a process for these victims to apply for work authorization.Template:Citation needed

Eligible individuals include current H-1B visa spouses and individuals whose marriage ended because of battery or extreme cruelty perpetrated by the individual's former spouse.<ref name= i765-v>"Instructions for Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse Template:Webarchive". United States Citizenship and Immigration Services. January 19, 2017.</ref> The individual must have entered the U.S. in an H status, must continue to be in H-4 status, and were themselves or their child battered or subjected to extreme cruelty by the H-1B spouse.<ref name= i765-v/> The spouse's application must include evidence of the abuse.<ref name= i765-v/> Before this policy was implemented, an abused spouse in H-4 status would be required to leave the U.S. on the date the person divorced the abusive spouse.<ref name= i765-v/> The divorced spouse may now legally remain in and work in the U.S. after the divorce is finalized or pending.<ref name= i765-v/> If approved, the authorization is valid for two years.<ref name= i765-v/>

2017 computer-programming position memo

A memorandum from December 22, 2000, stated because most computer-programming positions required a bachelor's degree, computer programming was considered a specialty occupation that qualified for an H-1B visa.<ref>Wolfsdorf, Bernard; Aguirre, Josune; Blanco, Robert. "USCIS Announces New Policy Memo on H-1B Computer Programmers Template:Webarchive". Wolfsdorf Rosenthal LLP.</ref><ref>"USCIS memo aims to resolve H-1B policy disparities". India Abroad (New York, New York). April 28, 2017. p. 41.</ref> On March 31, 2017, USCIS released a memorandum stating computer programming would no longer be automatically considered a specialty occupation, partly because a bachelor's degree was no longer typically required for these positions.<ref>"Policy Memorandum: Rescission of the December 22, 2000 'Guidance memor on H1B computer related positions' Template:Webarchive". United States Citizenship and Immigration Services. March 31, 2017.</ref> An application for an H-1B visa for a computer programmer must sufficiently describe the duties, and the level of experience and responsibilities of the position to demonstrate how the position is senior, complex, specialized, or unique rather than an entry-level position to qualify for an H-1B visa.<ref>Kommineni, Sarah M. (April 4, 2017). "H-1B Updates from USCIS Template:Webarchive". Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.</ref><ref>White, Michelle; Lopez, Jorge; Kruk, Ellen (April 3, 2017). "USCIS Issues New Guidance on H-1B Work Visas for Computer Programmers Template:Webarchive". Littler Mendelson P.C.</ref> In addition, the Department of Justice warned employers not to discriminate against U.S. workers by showing a preference for hiring H-1B workers.<ref>Goel, Vindu; Wingfield, Nick (April 3, 2017). "Changes to Tech Worker Visas Are Cosmetic. For Now." The New York Times.</ref>

2017 Buy American, Hire American executive order

On April 18, 2017, President Donald Trump signed an executive order directing federal agencies to implement a "Buy American, Hire American" strategy, a key pledge of his campaign.<ref name="whitehouse_Buy_American">Template:Cite news</ref><ref>Template:Cite news</ref><ref>Template:Cite news</ref> At a press briefing, the executive order directed federal agencies such as the Department of Labor, the Department of Justice, the DHS, and the Department of State to implement a new system that favored higher-skilled, higher-paid applicants.<ref name="Fortune_H1B">Template:Cite news</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="theguardian_EO_Hire_American">Template:Cite news</ref> The executive order was intended to order federal agencies to review and propose reforms to the H-1B visa system.<ref>Template:Cite news</ref> Furthermore, these departments will "fill in the details with reports and recommendations about what the administration can legally do."<ref>Template:Cite news</ref> Trump stated the executive order would "end the theft of American prosperity," which he said had been brought on by low-wage immigrant labor.<ref>Template:Cite news</ref>

On January 9, 2018, the USCIS said it was not considering any proposal that would force H-1B visa holders to leave the U.S. during the green-card process.<ref name= hatmaker>Hatmaker, Taylor (January 9, 2018). "H-1B visa extensions for workers waiting on green cards are safe for now Template:Webarchive." TechCrunch Network. Oath Tech Network.</ref> USCIS said an employer could request extensions in one-year increments under section 106(a)–(b) of the American Competitiveness in the 21st Century Act instead.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name= hatmaker/>

2018 extension rejection rule

On June 28, 2018, the USCIS announced when a person's request for a visa extension is rejected, the person will be deported from the country.<ref>Template:Cite news</ref> The Trump administration said it was not considering any proposal that would force H-1B visa holders to leave the country.<ref>Relief for H-1B visa holders! Trump administration rejects deportation plan reports Template:Webarchive, Business Today, Retrieved January 9, 2018.</ref>

2020 H-1B entry suspension

On April 22, 2020, President Trump signed a presidential proclamation that temporarily suspended the entry of people with non-immigrant visas, including H-1B visas.<ref>"Proclamation 10014—Suspension of Entry of Immigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak". The White House. April 22, 2020.</ref> On June 22, 2020, President Trump extended the suspension for H-1B visa holders until December 31, 2020.<ref>"Proclamation 10052—Suspension of Entry of Immigrants and Nonimmigrants Who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak". The White House. June 22, 2020.</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> On December 31, 2020, Trump issued a presidential proclamation extending the suspension of entry until March 31, 2021, because they would pose "a risk of displacing and disadvantaging United States workers during the economic recovery following the COVID-19 outbreak."<ref>"Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market". The White House. December 31, 2020.</ref>

2020 H-1B lottery rule

On October 28, 2020, a new rule to reform the H-1B lottery by prioritizing workers with the highest wage was approved.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

2021 H-1B entry suspension expiration

President Joe Biden allowed the suspension to expire on March 31, 2021, which allowed H-1B visa holders to enter the U.S. beginning on April 1, 2021.<ref>Golden, Ryan (April 5, 2021). "Biden allows Trump admin's H-1B visa program suspension to expire". HRDive.</ref>

In politics and culture

2015 spotlight on H-1B visas

In 2015, reports surfaced of major companies like Disney and Southern California Edison replacing American workers with H-1B visa holders, sometimes requiring displaced employees to train their replacements as a condition for severance.<ref name="Preston-2015">Template:Cite news</ref> The New York Times editorial board criticized the program for exploiting both foreign and domestic workers due to loopholes and weak enforcement.<ref name="NYT61515">Template:Cite news</ref>

Following these revelations, ten U.S. senators urged the Department of Labor to investigate outsourcing practices at Southern California Edison, which had laid off 500 employees.<ref>Thibodeau, Patrick (April 9, 2015). "10 U.S. senators seek investigation into H-1B-driven layoffs Template:Webarchive". Computerworld.</ref><ref name="NYT61115">Preston, Julia (June 11, 2015). "Outsourcing Companies Under Scrutiny Over Visas for Technology Workers Template:Webarchive". The New York Times. Retrieved June 12, 2015.</ref> After a ten-month review, the department found no legal violations.<ref>Thibodeau, Patrick (April 24, 2015). "Labor Department says it can't investigate So Cal Edison's H-1B use Template:Webarchive". Computerworld.</ref><ref>Thibodeau, Patrick (February 20, 2016). "DOJ ends probe of utility over IT replacements; no charges filed Template:Webarchive". Computerworld.</ref>

The Senate Judiciary Committee held hearings in 2015 and 2016, led by Senators Chuck Grassley and Jeff Sessions, to examine how the H-1B program affected U.S. workers.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="judiciary.senate.gov03">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="cspan031715">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Witnesses, including labor leaders and economists, testified that companies were not required to prioritize American workers, allowing employers to use the program to import cheaper foreign labor instead of filling skills gaps.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Senator Grassley characterized the program as favoring employers over U.S. workers rather than serving its intended purpose.<ref name="SJCGrassley">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

2016 election policy issue

Template:Further The H-1B visa program was a contentious issue in the 2016 presidential election. Donald Trump pledged to overhaul the system, arguing that it displaced American IT workers and suppressed wages. His campaign proposed raising the prevailing wage for H-1B workers to encourage hiring U.S. citizens and legal immigrants.<ref name="CW2016">Template:Cite news</ref>

Hillary Clinton criticized the program for enabling employers to hire cheaper, more compliant foreign workers but viewed H-1B reform as part of broader immigration-policy changes.<ref name="CW2016" />

Bernie Sanders opposed guest worker programs and was skeptical of H-1B visas, citing their role in offshoring American jobs. He also rejected open-border policies, emphasizing the need to raise wages and prioritize domestic employment.<ref name="Jamieson 2013">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Thibodeau 2015">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

2019 H-1B data

In 2019, USCIS launched the H-1B Employer Data Hub, providing public access to information on H-1B visa petitions dating back to fiscal year 2009.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> That same year, the USCIS Office of Policy and Strategy released an updated estimate of H-1B visa holders in the U.S. As of September 30, 2019, 583,420 individuals were authorized to work on an H-1B visa.<ref name=":7">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

USCIS estimated a total of 619,327 approved unique beneficiaries, adjusting for 2,100 visa denials by the State Department and subtracting 32,332 individuals who had obtained lawful permanent residency. An additional 1,475 visa holders had changed to a different non-immigrant status.<ref name=":7" />

2021 electronic registration system

In 2021, USCIS launched its first electronic registration system for the H-1B lottery.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}Template:Self-published inline</ref>

Economic effects

There is a division between economists and academics about the effects of H-1B visas on innovation, U.S. workers, and overall benefits to the U.S. economy.Template:Citation needed Studies have shown H-1B visas have welfare-improving effects for Americans, leading to significant wage gains, lower consumer prices, greater innovation, and greater total factor productivity growth.<ref>Template:Cite journal</ref><ref name="High-2018">Template:Cite book</ref><ref>Template:Cite journal</ref><ref name="Chen-2021">Template:Cite journal</ref> H-1B visas have led to lower prices for consumers, greater output, and improved performance by companies.<ref name="High-2018" />Template:Page needed A study found H-1B visa holders have been associated with greater innovation and economic performance.<ref name="Chen-2021" /> Other studies have shown the opposite. A National Bureau of Economic Research (NBER) paper concluded firms who received H-1B visas do not necessarily innovate or grow more quickly, nor patent more than firms that do not.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Economists have also found H-1B visas lead to lower wages and employment for competing U.S. workers. A paper by George J. Borjas for the NBER found "a 10 percent immigration-induced increase in the supply of doctorates lowers the wage of competing workers by about 3 to 4 percent."<ref>Template:Cite book</ref> A 2016 study found H-1B visas kept wages for U.S. computer scientists 2.6% to 5.1% lower, and employment in computer science for U.S. workers 6.1% to 10.8% lower, but resulted in greater production efficiency, lowered the prices of IT products, raised the output of IT products, and caused substantially higher profits for IT firms.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Criticism

Corporate welfare

Template:Further Critics of the H-1B visa program say it is a government labor-subsidy for corporations. Paul Donnelly, in a 2002 article in Computerworld, cited Milton Friedman as stating the H-1B program acts as a subsidy for corporations.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Others holding this view include Norman Matloff, who testified to the U.S. House Judiciary Committee Subcommittee on Immigration on the H-1B subject.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Matloff describes four types of labor savings for corporations and employers:<ref name="Matloff-2003">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

• Type I labor savings is where employers pay H-1Bs less than similarly qualified American workers.
• Type II labor savings are where employers hire younger H-1Bs in lieu of older and more expensive American workers.
• Type III labor savings are where employers force H-1B workers to work longer hours.
• Type IV labor savings are when the oversaturation of H-1B workers suppresses wages in the labor market.

American technology companies are claimed to benefit most from Type II labor savings, where these firms hire a 25-year-old H-1B worker instead of a 50-year-old American programmer.Template:Citation needed

No labor shortage

Academic researchers have found no labor shortage in STEM, undercutting the primary reason for the H-1B visa's existence.Template:Citation needed In 2022, Howard University public-policy professor Ron Hira found there was no shortage in STEM due to stagnant wages in IT and a 7% decline in real wages for engineers.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In the past, he has called the IT talent shortage "imaginary,"<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and a front for companies that want to hire cheaper, foreign, guest workers.

Studies from Rutgers University professor Hal Salzman, and co-authors B. Lindsay Lowell and Daniel Kuehn, have concluded the U.S. has been employing only 30% to 50% of its newly degreed, able and willing STEM workers to work in STEM fields.<ref name="Economic Policy Institute">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Salzman points to simultaneous industry layoffs, when industry claims labor shortage. In his Senate Judiciary testimony, he stated between 2006 and 2016, the IT industry, the predominant user of the H-1B visa, laid off on average 97,000 workers per year, more than the number of 74,000 H-1B workers brought for the IT industry.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

A 2012 IEEE announcement of a conference on STEM education funding and job markets stated: "only about half of those with under-graduate STEM degrees actually work in the STEM-related fields after college, and after 10 years, only some 8% still do."<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Norman Matloff's University of Michigan Journal of Law Reform paper said there has been no shortage of qualified American citizens to fill American computer-related jobs, and that the data offered as evidence of American corporations needing H-1B visas to address labor shortages was erroneous.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The United States General Accounting Office (GAO) found in a 2000 report controls on the H-1B program lacked effectiveness.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The GAO report's recommendations were subsequently implemented.Template:Citation needed

High-tech companies often cite a tech-worker shortage when asking Congress to raise the annual cap on H-1B visas, and have succeeded in getting exemptions passed. The American Immigration Lawyers Association (AILA), described the situation as a crisis, and the situation was reported on by Wall Street Journal, BusinessWeek, and Washington Post. Employers applied pressure on Congress.<ref name="WSJ">Template:Cite news</ref> Microsoft chairman Bill Gates testified in 2007 on behalf of the expanded visa program on Capitol Hill: "warning of dangers to the U.S. economy if employers can't import skilled workers to fill job gaps."<ref name="WSJ"/> Congress considered a bill to address the claims of a shortfall<ref>S.1092: Hi-Tech Worker Relief Act of 2007 Template:Webarchive. United States Congress via American Immigration Lawyers Association.</ref> but did not revise the program.<ref>S.1092: Hi-Tech Worker Relief Act of 2007. Thomas.gov. United States Library of Congress. Retrieved 2008-06-12.</ref>

According to a study conducted by John Miano and the Center for Immigration Studies, there is no empirical data to support a claim of a worker shortage.<ref name="2008-cis">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Citing studies from Duke, Alfred P. Sloan Foundation, Georgetown University and others, critics have also argued in some years, the number of foreign programmers and engineers imported outnumbered the number of jobs created by the industry.<ref name="false-shortages-studies">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Hire Americans First has posted hundreds of first-hand accounts of H-1B visa harm reports from individuals who were harmed by the program.<ref name="harm-report">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Wage depression

Template:See also Critics of the H-1B program often complain about wage depression as a result of an increased supply of discounted guest workers. In the 21st century, labor experts have found guest workers are abundantly available in times of wage decline and weak workforce demand.<ref name="Economic Policy Institute" /> The Economic Policy Institute found sixty percent of certified H-1B positions were paid below the local median wage. In Washington D.C, companies hiring a level-1 entry-level H-1B software developer received a discount of 36%, or $41,746. For level-II workers, companies received a discount of 18%, or $20,863.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

In 2014, The Department of Homeland Security annual report indicates that H-1B workers in computer Science are paid a mean salary of $75,000 annually, almost 25,000 dollars below the average annual income for software developers <ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> and studies have found H-1B workers are paid significantly less than U.S. workers.<ref>Low Salaries for Low Skills: Wages and Skill Levels for H-1B Computer Workers, 2005 Template:Webarchive John M. Miano</ref><ref>The Bottom of the Pay Scale: Wages for H-1B Computer Programmers Template:Webarchive John M. Miano</ref> Some critics have said the H-1B program is primarily used as a source of cheap labor.<ref name="underpay">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="numbersusa">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="visa-bailout">Template:Cite magazine</ref><ref name="hira-shortage">Template:Cite magazine</ref><ref name="lowell">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="lowell2">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="laplante">Template:Cite magazine</ref>

Prevailing wage loopholes

The Labor Condition Application (LCA) included in the H-1B petition is supposed to ensure H-1B workers are paid the prevailing wage in the labor market or the employer's actual average wage, whichever is higher, but there is evidence some employers get around these provisions and avoid paying the prevailing wage despite stiff penalties for abusers.<ref>"H-1B Prevailing Wage Enforcement On The Rise – Millions In Back Wages And Fines Ordered" Template:Webarchive, millerjohnson.com.</ref> The LCA process appears to offer protection to both U.S. and H-1B workers but according to the U.S. General Accounting Office, enforcement limitations and procedural problems render these protections ineffective.<ref name="GAO Report 2000" /> The employer, not the Department of Labor, determines what sources determine the prevailing wage for an offered position, and it may choose from a variety of competing surveys, including its own wage surveys, provided such surveys follow rules and regulations.Template:Citation needed

The law restricts the Department of Labor's approval process of LCAs to checking for "completeness and obvious inaccuracies."<ref>8 USC 1182 (n)</ref> In FY 2005, only about 800 LCAs of over 300,000 submitted were rejected. Hire American First has posted several hundred first-hand accounts of individuals negatively affected by the program.<ref name="harm-report"/> According to attorney John Miano, the H-1B prevailing wage requirement is "rife" with loopholes.<ref name="laplante" />

Internal "brain drain"

Opponents of the H-1B visa program says wage depression in STEM causes young American college graduates to stop pursuing these fields.<ref name="Issues">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Discrimination

Against American citizens

Critics of the H-1B visa program have said it enables Silicon Valley to discriminate against U.S. citizens and permanent residents. In 2021, Facebook settled a claim with the Department of Justice that it discriminated against U.S. workers in favor of temporary visa holders. The company paid a $4.75-million civil penalty and set aside $9.5 million for eligible victims.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Ageism

Critics of the H-1B visa program say the program enables Silicon Valley to discriminate against older workers.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Wage slavery

{{#invoke:Labelled list hatnote|labelledList|Main article|Main articles|Main page|Main pages}} According to critics, H-1B holders constitute a modern-day form of high-tech indentured servants,<ref>Template:Cite news</ref> Guest workers on H-1B visas in the IT sector have limited employer mobility compared to U.S. workers.<ref>Template:Cite journal</ref> Although immigration generally requires short- and long-term visitors to disavow any ambition to seek the permanent residency, H-1B visa holders are an important exception because the H-1B is legally acknowledged as a possible step towards a green card under the doctrine of dual intent.Template:Citation needed

Some workers who come to the U.S. on H-1B visas receive poor, unfair, and illegal treatment by brokers who place them with jobs in the U.S., according to a report published in 2014.<ref>Template:Cite news</ref><ref>Template:Cite news</ref> The United States Trafficking Victims Protection Reauthorization Act of 2013 was passed to help protect the rights of foreign workers in the U.S., and the U.S. Department of State distributes pamphlets to inform foreign workers of their rights.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Companies have stolen the wages of H-1B workers. Labor researchers found HCLTech stole $95 million from its H-1B visa workers annually.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Critics say employers exercise outsized control over H-1B workers because the visa ties workers to their employers. These workers are less likely to complain about poor working conditions for fear of visa revocation and deportation.<ref name="Matloff-2003" />

Dual intent

In 2017, President Donald Trump expressed concerns about using the H-1B visa as a pathway to permanent residency and proposed restructuring the immigration system, including introducing a points-based system.<ref>Bennett, Brian (August 2, 2017). "Trump pushes to sharply cut the number of legal immigrants and move U.S. to a 'merit-based' immigration system Template:Webarchive". Los Angeles Times.</ref><ref>"White House lays groundwork for merit-based immigration system Template:Webarchive". CBS News. December 15, 2017.</ref><ref>Kopan, Tal (August 3, 2017). "How to earn 'points' to come to the US under Trump's immigration plan Template:Webarchive". CNN.</ref> In response, some individuals sought alternative routes to permanent residency, such as the EB-5 visa program, which offers a more direct path.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Advocacy groups opposing changes to H-1B policies launched public awareness campaigns, including posters in the San Francisco Bay Area’s Rapid Tansit system.<ref>Template:Cite news</ref>

Body shopping and offshoring

Template:Further Critics of the program criticize American and outsourcing companies for using H-1B visa workers to body shop and offshore work abroad.<ref name="MJ022213">How H-1B Visas Are Screwing Tech Workers Template:Webarchive, Mother Jones, February 22, 2013</ref><ref name=Gonzalez2018>Template:Cite thesis</ref> Researchers have found two thirds of IT jobs are offshorable, and the remaining third remain onshore to be the conduit between American clients and offshore work teams.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

The leading users of H-1B visas are Indian outsourcing firms. In 2021, half of the top-thirty employers of H-1B visa holders were outsourcing firms.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> The top-10 H-1B employers in 2014 such as Tata Consultancy, Cognizant, Infosys, Wipro, Accenture, HCL America, and IBM all used the program to ship jobs offshore.<ref name=Gonzalez2018/><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref><ref name="Preston-2015" /> Critics of H-1B use for outsourcing have also noted more H-1B visas are granted to companies headquartered in India than to companies headquartered in the United States.<ref name="2009CW" /> Although these IT outsourcing companies have a physical presence in the U.S., they hire temporary foreign guest workers.<ref name="Issues" />

Senator Dick Durbin stated in a speech on H-1B visa reform:

The H-1B job visa lasts for three years and can be renewed for three years. What happens to those workers after that? Well, they could stay. It is possible. But these new companies have a much better idea for making money. They send the engineers to America to fill spots—and get money to do it—and then after the three to six years, they bring them back to work for the companies that are competing with American companies. They call it their outsourcing visa. They are sending their talented engineers to learn how Americans do business and then bring them back and compete with those American companies.<ref>{{#invoke:citation/CS1|citation

|CitationClass=web

}}</ref>

Of all computer systems analysts and programmers on H-1B visas in the U.S., 74 percent were from Asia.Template:Citation needed

Large migration of Asian IT professionals to the U.S. has been a central component to the emergence of the offshore outsourcing industry.<ref>Template:Cite book</ref> In FY 2009, due to the worldwide recession, applications for H-1B visas by offshore outsourcing firms were significantly lower than in previous years,<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> yet 110,367 H-1B visas were issued, and 117,409 were issued in FY2010.Template:Citation needed Computerworld and The New York Times have reported on the inordinate share of H-1B visas received by firms that specialize in offshore outsourcing,<ref name="Computerworld Lottery" /> the subsequent inability of employers to hire foreign professionals with legitimate technical and language skill combinations,<ref name="NYT Gaming System" /> and the replacement of American professionals already performing their job functions and being coerced to train their foreign replacements.<ref name="Computerworld Muzzled" /><ref name="Disney NYTimes" />

Training foreign replacements

There have been cases where employers used the program to replace their American employees with H-1B employees; in some cases, the laid-off employees were ordered to train their replacements. In 2013 Northeast Utilities laid off 350 tech workers, many of whom trained their replacements who were hired on H-1B visas to do their jobs. In October 2014, Walt Disney World laid off 250 IT workers, some of whose final assigned task for the company was to train their replacements who'd been hired on H-1B visas. Southern California Edison laid off 540 tech workers in 2014, requiring many to train their replacements who'd been hired on H-1B visas. Fossil laid off 100 tech workers and hired 25 on H-1B visas who were then trained by the laid-off employees in what Fossil termed "knowledge sharing."<ref name="MJ022213" /><ref name="NYT6315">Template:Cite news</ref><ref>Southern California Edison IT workers 'beyond furious' over H-1B replacements Template:Webarchive, Computer World, February 4, 2015</ref><ref>Template:Cite news</ref> Researchers have found during the 2022 tech layoffs, companies laid off their U.S. workforce while continuing to bring in more H-1B workers. The top-30 H-1B employers in 2022 laid off at least 85,000 workers, while bringing in 34,000 H-1B workers.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

Limitations for entrepreneurs and self-employed consultants

Entrepreneurs do not qualify for the H-1B visa. The United States immigration system's EB-5 visa program does permit foreign entrepreneurs to apply for a green card if they make a sufficient investment in a commercial enterprise and intend to create 10 or more jobs in the United States.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> In 2014, the University of Massachusetts began a program allowing entrepreneurs to found U.S. companies while fulfilling visa requirements by teaching and mentoring on campus, with the university as sponsoring employer.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Self-employed consultants have no visa that allows them to enter the country and perform work independently for unspecified, extended periods. A B-1 visa would permit temporary travel to the U.S. to consult for specific periods.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Consulting companies have been formed for the sole purpose of sponsoring employees on H-1B visas to allow them to perform work for clients, with the company sharing the resulting profit.

Fraud

According to the USCIS's H-1B Benefit Fraud & Compliance Assessment of September 2008, 21% of H-1B visas granted originate from applications that were fraudulent or had technical violations.<ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Fraud was defined as a willful misrepresentation, falsification, or omission of a material fact. Technical violations, errors, omissions, and failures to comply that are not within the fraud definition were included in the 21% rate.<ref name="Compliance Assessment 2008">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

USCIS, H-1B Benefit Fraud and Compliance Assessment (2008)<ref name="Compliance Assessment 2008"/>

Beneficiary Education Level	Violation Rate	% of Sample	Total Cases
Bachelor's Degree	31%	43%	106
Graduate Degree	13%	57%	140

USCIS, H-1B Benefit Fraud & Compliance Assessment (2008)<ref name="Compliance Assessment 2008"/>

Reported Occupations	Violation Rate	% of Sample	Total Cases
Architecture, Engineering, and Surveying	8%	15%	36
Mathematics and Physical Sciences	0%	1%	3
Computer Professionals	27%	42%	104
Life Sciences	0%	4%	11
Social Sciences	0%	<1%	1
Medicine and Health	10%	4%	10
Education	9%	13%	33
Law	0%	<1%	1
Writing	0%	<1%	1
Art	29%	3%	7
Accounting, Human Resources, Sales, Advertising, and Business Analysts	42%	11%	26
Managerial	33%	4%	9
Miscellaneous Professions	0%	2%	4

In 2009, federal authorities arrested people for a nationwide H-1B visa scam in which the perpetrators allegedly submitted false statements and documents in connection with petitions for H-1B visas.<ref name="2008-fraud">{{#invoke:citation/CS1|citation |CitationClass=web }}</ref> Fraud has included acquisition of a fake university degree for the prospective H-1B worker, coaching the worker to lie to consul officials, hiring a worker for which there is no U.S. job, charging the worker money to be hired, benching the worker with no pay, and taking a cut of the worker's U.S. salary. The workers, who have little choice in the matter, are also engaged in fraud and may be charged, fined, and deported.<ref name=BW10109>Template:Cite news</ref>

Outsourcing companies game the lottery system by filing as many electronic lottery applications as possible for $10 each for jobs that do not exist. In 2023, there were 781,000 lottery entries for 85,000 visas. This was partly the result of different companies submitting the same applicant multiple times. USCIS said there is a high prevalence of fraud with the new electronic registration system.<ref>Template:Cite news</ref><ref>{{#invoke:citation/CS1|citation |CitationClass=web }}</ref>

H-1B visa tables and charts

Approved H-1B applications

H-1B Applications Approved by Fiscal Year

Fiscal Year	Initial employment approvals	Continuing employment approvals	Total
2000	136,787	120,853	257,640
2001	201,079	130,127	331,206
2002	103,584	93,953	197,537
2003	105,314	112,026	217,340
2004	130,497	156,921	287,418	<ref name="USCISCharacteristicsFY2004">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2004 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2005	116,927	150,204	267,131	<ref name="USCISCharacteristicsFY2005">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2005Template:Dead link". U.S. Citizenship and Immigration Services.</ref>
2006	109,614	161,367	270,981	<ref name="USCISCharacteristicsFY2006"/>
2007	120,031	161,413	281,444	<ref name="USCISCharacteristicsFY2007"/>
2008	109,335	166,917	276,252	<ref name="USCISCharacteristicsFY2008"/>
2009	86,300	127,971	214,271	<ref name="USCISCharacteristicsFY2009"/>
2010	76,627	116,363	192,990	<ref name="USCISCharacteristicsFY2010"/>
2011	106,445	163,208	269,653	<ref name="USCISCharacteristicsFY2011"/>
2012	136,890	125,679	262,569	<ref name="USCISCharacteristicsFY2012">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2012 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2013	128,291	158,482	286,773	<ref name="USCISCharacteristicsFY2013">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2012 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2014	124,326	191,531	315,857	<ref name="USCISCharacteristicsFY2014">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2014 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2015	113,605	161,714	275,317	<ref name="USCISCharacteristicsFY2015">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2015 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2016	114,504	230,759	345,262	<ref name="USCISCharacteristicsFY2016">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2016 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2017	108,101	257,581	365,682	<ref name="USCISCharacteristicsFY2017">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2017 Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>
2018	93,615	238,743	332,358	<ref name="USCISCharacteristicsFY2018">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2018U.S. Citizenship and Immigration Services.</ref>
2019	138,297	249,476	388,403	<ref name="USCISCharacteristicsFY2019">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2019U.S. Citizenship and Immigration Services.</ref>
2020	122,886	303,824	426,710	<ref name="USCISCharacteristicsFY2020">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2020U.S. Citizenship and Immigration Services.</ref>
2021	123,414	283,657	407,071	<ref name="USCISCharacteristicsFY2021">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2021U.S. Citizenship and Immigration Services.</ref>
2022	132,429	309,614	442,043	<ref name="USCISCharacteristicsFY2022">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2022U.S. Citizenship and Immigration Services.</ref>
2023	118,948	267,370	386,318	<ref name="USCISCharacteristicsFY2023">"Characteristics of H-1B Specialty Occupation Workers Report for Fiscal Year 2023U.S. Citizenship and Immigration Services.</ref>

H-1B Applications Approved by Education or Equivalent

Fiscal Year	No High School Diploma	Only High School Diploma	Less Than 1 year of College	1+ years of College	Equivalent of Associate's	Total Less Than Bachelor's Degree	Bachelor's Degree or Higher
2000	554	288	158	1,290	696	2,986	130,304
2001	247	895	284	1,376	1,181	3,983	157,660
2002	169	806	189	849	642	2,655	115,697
2003	148	822	122	623	534	2,249	104,947
2004	123	690	137	421	432	1,803	137,162	<ref name="USCISCharacteristicsFY2004"/>
2005	107	440	77	358	363	1,345	122,754	<ref name="USCISCharacteristicsFY2005"/>
2006	96	392	54	195	177	914	134,507	<ref name="USCISCharacteristicsFY2006"/>
2007	72	374	42	210	215	913	153,140	<ref name="USCISCharacteristicsFY2007"/>
2008	80	174	19	175	195	643	128,821	<ref name="USCISCharacteristicsFY2008"/>
2009	108	190	33	236	262	829	109,538	<ref name="USCISCharacteristicsFY2009"/>
2010	140	201	24	213	161	739	116,670	<ref name="USCISCharacteristicsFY2010"/>
2011	373	500	44	255	170	1,342	127,792	<ref name="USCISCharacteristicsFY2011"/>
2012	108	220	35	259	174	796	134,734	<ref name="USCISCharacteristicsFY2012"/>
2013	68	148	15	162	121	514	152,709	<ref name="USCISCharacteristicsFY2013"/>
2014	32	133	18	133	88	404	160,965	<ref name="USCISCharacteristicsFY2014"/>
2015	52	148	25	232	189	646	172,102	<ref name="USCISCharacteristicsFY2015"/>
2016	53	128	28	220	209	638	179,419	<ref name="USCISCharacteristicsFY2016"/>
2017	30	107	17	173	171	498	178,551Template:Failed verification	<ref name="USCISCharacteristicsFY2017"/>
2018	18	90	9	127	127	371	321,182	<ref>{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>
2019	23	80	10	132	113	358	375,283	<ref>{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>
2020	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	329	413,401	<ref>{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>
2021	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	289	395,126	<ref name="USCISCharacteristicsFY2021"/>
2022	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	315	311,395	<ref name="USCISCharacteristicsFY2022"/>
2023	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	Template:Nbsp	293	247,530	<ref name="USCISCharacteristicsFY2023"/>

H-1B visas issued per year

citation

CitationClass=web }}</ref><ref name="Nonimmigrant Visas Issued 2013-2017">{{#invoke:citation/CS1|citation	CitationClass=web }}</ref>	Fiscal Year	H-1B	H-1B1	Total
1990	794	Template:Abbr	794
1991	51,882	Template:Abbr	51,882
1992	44,290	Template:Abbr	44,290
1993	35,818	Template:Abbr	35,818
1994	42,843	Template:Abbr	42,843
1995	51,832	Template:Abbr	51,832
1996	58,327	Template:Abbr	58,327
1997	80,547	Template:Abbr	80,547
1998	91,360	Template:Abbr	91,360
1999	116,513	Template:Abbr	116,513
2000	133,290	Template:Abbr	133,290
2001	161,643	Template:Abbr	161,643
2002	118,352	Template:Abbr	118,352
2003	107,196	Template:Abbr	107,196
2004	138,965	72	139,037
2005	124,099	275	124,374
2006	135,421	440	135,861
2007	154,053	639	154,692
2008	129,464	719	130,183
2009	110,367	621	110,988
2010	117,409	419	117,828
2011	129,134	418	129,552
2012	135,530	461	135,991
2013	153,223	571	153,794
2014	161,369	870	162,239
2015	172,748	1,051	173,799
2016	180,057	1,294	181,351
2017	179,049	1,391	180,440
2018	179,660	1,498	181,158
2019	188,123	1,724	189,847
2020	124,983	1,083	126,066
2021	61,569	1,586	63,155
2022	206,002	2,376	208,378

Top H-1B employers by visa approval

Companies receiving H-1Bs<ref name="who">Template:Cite magazine</ref><ref name="bw-2007-06-07">Template:Cite magazine</ref><ref name="2009-visas">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> Company Headquartered (City) Headquartered (Country) 2006 <ref name="bw-2007-06-07-chart">Template:Cite magazine</ref> 2007 <ref name="2007CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2008 <ref name="2008CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2009 <ref name="2009CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2010 <ref name="2010CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2011 <ref name="2011CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2012 <ref name="2012CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2013 <ref name="2013CW">{{#invoke:citation/CS1|citation CitationClass=web }}</ref> 2014 <ref name="Top 20 2014"/><ref name="Infoworld 2014 Data"/> 2015 <ref name="InfoWeek 2015 Top 8 companies"/> 2016 <ref name= FY2016byemployer>"Approved H-1B Petitions (Number, Salary, and Degree/Diploma) by Employer Fiscal Year 2016 Template:Webarchive." United States Citizenship and Immigration Services.</ref> 2017 <ref name= FY2017byemployer>"Approved H-1B Petitions (Number, Salary, and Degree/Diploma) by Employer Fiscal Year 2017Template:Dead link." United States Citizenship and Immigration Services.</ref> Cognizant Teaneck United States 2,226 962 467 233 3,388 4,222 9,281 9,986 5,228 15,680 21,459 28,908 Tata Consultancy Services Mumbai India 3,046 797 1,539 1,740 7,469 6,258 7,149 6,339 11,295 14,697 Infosys Bangalore India 4,900 4,559 4,559 440 3,792 3,962 5,600 6,298 4,022 8,991 12,780 13,408 Wipro Bangalore India 4,002 2,567 2,678 1,964 1,521 2,736 4,304 2,644 3,246 4,803 6,819 6,529 Deloitte New York United States 1,555 525 413 563 196 559 1,668 1,491 559 3,114 6,027 Accenture Dublin Ireland 637 331 731 287 506 1,347 4,037 3,346 2,376 5,793 6,831 5,070 Tech Mahindra Pune India 2,880 1,396 1,917 219 224 1,963 1,589 1,850 2,657 3,344 4,931 Amazon Seattle United States 262 81 182 881 877 2,739 4,767 HCL Technologies Noida India 910 102 1,033 2,070 1,766 927 2,776 3,492 4,392 Microsoft Redmond United States 3,117 959 1,037 1,318 1,618 947 1,497 1,048 850 3,556 4,069 Capgemini Paris France 309 99 699 536 3,276 3,580 IBM Armonk United States 1,324 199 381 865 882 853 1,846 1,624 1,513 2,500 3,569 3,000 Ernst & Young London United Kingdom 774 302 321 481 373 1,552 2,986 Google Mountain View United States 328 248 207 211 172 383 753 728 2,517 2,758 Intel Santa Clara United States 828 369 351 723 772 700 1,873 2,625 Syntel Troy, MI United States 416 130 129 1,161 1,149 1,080 2,286 2,119 Apple Cupertino United States 443 1,992 2,055 Larsen & Toubro Infotech Mumbai India 947 292 403 602 333 1,204 1,832 1,001 1,298 2,701 1,864 Cisco Systems San Jose United States 828 324 422 308 379 246 1,529 1,587 Facebook Menlo Park United States 1,107 1,566 IGATE (merged with Patni) Bridgewater and Bengaluru United States and India 1,391 477 296 609 164 1,260 1,157 886 Qualcomm San Diego United States 533 158 255 320 909 218 1,143 Mphasis Bangalore India 751 248 251 229 197 556 405 Oracle Corporation Redwood Shores United States 1,022 113 168 272 475 365 1,448 UST Global Aliso Viejo United States 339 416 344 475 421 1,136 PricewaterhouseCoopers London United Kingdom 591 192 449 138 Computer Sciences Corporation Falls Church United States 873 Mindtree Bangalore India 487 1,103

Top 10 H-1B Receiving Universities<ref name="who" /><ref name="bw-2007-06-07"/><ref name="bw-2007-06-07-chart"/>

School	H-1Bs Received 2006
New York City Public Schools	642
University of Michigan	437
University of Illinois at Chicago	434
University of Pennsylvania	432
Johns Hopkins University School of Medicine	432
University of Maryland	404
Columbia University	355
Yale University	316
Harvard University	308
Stanford University	279
Washington University in St. Louis	278
University of Pittsburgh	275

Top 10 Employers for H-1B Visas (LCA filed)<ref>"H-1B Temporary Specialty Occupations Labor Condition Program – Selected Statistics, FY 2018 YTD Template:Webarchive". U.S. Citizenship and Immigration Services.</ref>

Company Name	Fiscal Year 2018
Ernst & Young	140,766
Cognizant	38,205
Deloitte	31,988
HCL Technologies	23,812
Apple	20,168
Qualcomm Technologies	15,612
Tata Consultancy Services	15,581
Amazon Fulfillment Services	11,644
Kforce	10,553
Mphasis Corporation	10,403

See also

• Deportation of Rasha Alawieh

References

1. United States Citizenship and Immigration Service, "Characteristics of Specialty Occupation Workers (H-1B)," for FY 2004 and FY 2005, November 2006.
2. "Microsoft Cuts 5,000 Jobs as Recession Curbs Growth (Update5)," Bloomberg, 22 Jan 2009 (Microsoft Lays off 5,000 even as they use 3,117 visas in 2006.)
3. Bill Gates, Chairman of Microsoft, Testimony to the U.S. Senate Committee Health, Education, Labor, and Pensions. Hearing "Strengthening American Competitiveness for the 21st Century." March 7, 2007
4. Business Week, Immigration: Google Makes Its Case, 7 Jun 2007.
5. Business Week, Who Gets Temp Work Visas? 7 Jun 2007 (Top 200 H-1B Visa Users Chart)
6. Business Week, Immigration Fight: Tech vs. Tech, 25 May 2007.
7. Business Week, Crackdown on Indian Outsourcing Firms, 15 May 2007.
8. Dr. Norman Matloff, Debunking the Myth of a Desperate Software Labor Shortage Template:Webarchive, Testimony to the U.S. House Judiciary Committee, April 1998, updated December 2002
9. CNN, Lou Dobbs, Programmers Guild Interview & Transcript, August 26, 2005
10. Congressional Record: Illegal Aliens Taking American Jobs, June 18, 2003 (House)
11. Center for Immigration Studies, Backgrounder: The bottom of the pay scale, Wages for H-1B Computer Programmer's, John Milano, 2005.

Further reading

• Pittsburgh law firm's immigration video sparks an Internet firestorm, Pittsburgh Post-Gazette, June 22, 2007
• "Lawmakers Request Investigation Into YouTube Video" Template:Webarchive Sen. Chuck Grassley and Rep. Lamar Smith ask the Labor Department to look into a video they say documents H-1B abuse by companies. Information Week, June 21, 2007
• October 2007 study by The Urban Institute Template:Webarchive – Into the Eye of the Storm: Assessing the Evidence on Science and Engineering Education, Quality, and Workforce Demand B. Lindsay Lowell and Hal Salzman
• Guestworkers in the High-Skill U.S. Labor Market: An Analysis of Supply, Employment, and Wage Trends "(2013) Hal Salzman, Daniel Kuehn, B. Lindsay Lowell Economic Policy Institute"

External links

• U.S. Department of State information on H-1B visa
• U.S. GAO Report on H-1B Problems, PDF format Template:Webarchive
• H-1B Quota Updates from USCIS