H1B Visa, Eligibility, Features, Recent Changes

H1B Visa is a non-immigrant Visa that allows US based companies to provide employment to foreign workers in speciality occupations that also requires theoretical and technical expertise for specified period. In this article, we are going to look at the features, eligibility and benefits of the H1B Visa and its impact on India. 

H1B Visa Overview

• The H1B Visa is given to help employers obtain required business skills and abilities from the US workforce by authorizing temporary employment of qualified individuals who are not otherwise authorized to work in the United States.
• Occupations that qualify for the H-1B visa are typically in fields such as technology, finance, engineering, architecture, or more.
• A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent.

H1B Visa Eligibility Criteria

In order to be eligible for the H1B visa, you will need:

• A valid job offer from a U.S. employer for a role that requires specialty knowledge
• Proof of a bachelor’s degree or equivalent experience in that field
• The US employer must show that there is a lack of qualified U.S. applicants for the role. 

H1B Visa Features

The features of H1B Visa includes: 

• The annual H-1B visa limit is 85,000. There are 65,000 regular H-1B visas each year, and an additional 20,000 visas are reserved for applicants with advanced degrees. 
• Some exceptions to the H-1B visa cap include people entering the U.S. to work in higher education or affiliated research/non-profit organizations.
• Applicants are selected for adjudication via lottery system.
• The H-1B visa is valid for three years and can be extended one time for an additional three years. In general, the H-1B is valid for a maximum of six years.
• There is no limit to the number of H1-B Visas that an individual can have in his or her lifetime.
• H1-B holders can seek Green Card or Lawful Permanent Residency for themselves and their family.
• If the H1-B holder is changing jobs, he or she must reapply for a new visa. 

Recent Changes in H1B Visa 

Former President Donald Trump highlighted the importance of striking a balance in the H-1B visa program, emphasizing its role in attracting global talent while supporting American workers.

Key Points:

• Balanced Approach: Trump recognized the need to bring in skilled professionals while also investing in training domestic talent, addressing concerns from both sides of the debate.
• Beyond Engineering: He advocated for broadening the program’s scope to include skilled roles beyond engineers, such as maître d’s, wine experts, and high-caliber waitstaff, focusing on excellence across industries.
• Support from Industry Leaders: Influential figures like Oracle’s Larry Ellison, Softbank’s Masayoshi Son, and OpenAI’s Sam Altman joined Trump in emphasizing the demand for skilled workers in tech and other fields.
• Tech Sector's Demand: Trump acknowledged the critical need for skilled professionals, particularly in the technology industry, aligning with business leaders' priorities.
• Quality-Driven Immigration: He stressed the importance of maintaining high standards in immigration to fuel economic growth and meet the evolving needs of diverse sectors.

This balanced perspective reflects a vision for immigration that fosters both innovation and domestic workforce development.

H1B Visa FAQs

Q1. Who is eligible for H1B visa?
Ans. Individuals with a job offer in the U.S. requiring specialized skills and at least a bachelor's degree or equivalent experience.

Q2. What does an H1B visa mean?
Ans. It is a non-immigrant visa allowing U.S. companies to employ foreign workers in specialized occupations.

Q3. How long is an H1B visa valid for?
Ans. Initially for 3 years, extendable up to a maximum of 6 years.

Q4. Does an H1B visa lead to a green card?
Ans. Yes, H1B visa holders can transition to a green card through employer sponsorship.

Q5. What happens after 6 years of H-1B visa?
Ans. Holders must leave the U.S. for at least one year or transition to another visa/status unless applying for a green card.

Q6. Who is eligible for Green Card in USA?
Ans. Those with family sponsorship, employment-based sponsorship, refugee/asylee status, or meeting other specific eligibility criteria.