H-1Bs at a Glance

What are H-1Bs?

? Temporary-H-1Bs are temporary foreign professionals hired by a U.S.
company or academic 
institution.

? Highly skilled-H-1Bs can be hired only for "specialty occupations," those
jobs requiring a 
professional who have the equivalent of at least a bachelor's degree.

? Professionals-H-1Bs must be professionals such as doctors, engineers,
professors, accountants, 
lawyers, physical therapists, and computer professionals.

How Many Enter and Where Do They Come From?
 
? 65,000-No more than 65,000 H-1B visas can be issued each year.  H-1B
temporary professionals 
comprise less than .1% of the U.S. workforce of more than 127 million
people.

? The top 5---The top 5 source countries for H-1B professionals are
currently India, the United 
Kingdom, Japan, Philippines and Germany. 

Why Do Employers Hire H-1Bs?

? Needed skills in short supply-Employers hire H-1B professionals to obtain
essential technical skills 
or knowledge that is relatively unique and not readily found in the U.S. 

? Global market expertise-Employers often need H-1B professionals to bring
special expertise in 
overseas needs, markets, trends or distribution that enables U.S.
businesses to compete in global 
markets.

? Temporary shortages-Employers often need H-1B professionals to fill
temporary shortages of 
needed skills (such as software engineers and physical therapists).

What Must Employers Do?

? Protect wages-Employers must pay a wage to every H-1B worker that is at
least as much as what is 
typically paid in the region for that type of work, or what the employer
pays existing employees with 
similar experience and duties.

? Protect working conditions- Employers cannot use H-1B workers to break a
strike, and must notify 
their U.S. workforce of the hire of the H-1B professional.

? File attestations with DOL-U.S. employers must attest to the above wage
protection and protection 
of working conditions by making an affirmative filing with Department of
Labor and by maintaining a 
file open to the public.

? Be subject to penalties-Failure to comply with DOL regulations could
result in an audit, civil 
penalties,  a requirement to pay back wages, and even debarment from
participating in key 
immigration programs.
23H17002

The H-1B Process: How an Employer Brings a Temporary Professional to the
U.S.

An employer who temporarily needs the services of a foreign professional
must demonstrate that both 
the job requirements and the foreigners credentials or experience are
"professional". The employer 
must also meet Department of Labor (DOL) requirements (noted below) and
petition the Immigration 
and Naturalization Service (INS) for permission to employ a foreign
national.  If the employee is out of 
the country, he or she must also apply for the visa at a U.S. consulate
abroad.

 1.  "Labor Condition Application"Process - Department of Labor (DOL)
 a.  Employer must certify to the Department of Labor:
? It is paying the higher of what it pays its own similar workers or what 
similar workers in the area are paid (whichever is higher);
? The working conditions of its U.S. workers are not adversely affected;
? There is no strike/lockout at the worksite nor in the occupation for
which a 
foreign professional is sought;
? It has given notice to current employees that it is seeking to hire an 
H-1B 
professional.
b. DOL certifies receipt and acceptance of the attestation in order to
create a public 
record.  
c. Employer must post the labor condition application and maintain a wage
file that is 
open to the public.
d. Violations of the attestations:
? Employers must follow through on attestations or they are in violation of
law 
and could be required to pay wages and incur civil penalties;
? DOL will begin an investigation of employer practices with formal 
complaint and investigation mechanisms.

2.  Immigration Petition - U.S. Immigration and Naturalization Service
(INS)
 a.  Employer must submit a request to INS, proving that it has completed
the Labor 
Condition Application process and demonstrating that both the employer and
the foreign 
professional qualify for the visa category.
 b.  Employer must demonstrate:
? The need for someone who is a professional (job requires a worker with at

least a bachelor's degree);
? That the candidate it seeks to hire has the required degree (including an

equivalency of a foreign degree) and any other qualifications required.
c.  INS has the final say on the professional and the position.

3. Visa Application - Department of State (DOS)
a. If the professional is outside the U.S., he or she must apply to a U.S.
consulate for an 
H-1B visa.  If already in the U.S. in another status, the professional can
petition the 
INS for a change of status to H-1B.
b. U.S. consulate officer adjudicates the application to determine the
alien's 
admissibility.