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The H-1B enables US-based employers to hire foreign workers for specialty occupations, to perform services of exceptional merit and ability that relate to the Department of Defense (DOD), cooperative research and development, or as a fashion model with specialized abilities or merit. The H-1B Visa is a temporary visa, meaning that employers can only hire employees on a temporary basis.

H1-B Visa Subcategories

There are three subcategories of the H1-B Visa. These subcategories include:
Detailed information about the qualifications for the H-1B Visa can be found here.

H-1B Visa Requirements

The general requirements for the H-1B Visa are as follows:

H-1B Costs

The total costs of the H-1B Visa vary and are dependent on the USCIS and the country of origin of the foreign worker.
The petitioner of the H-1B Visa can expect to pay the following fees:
The foreign employee will be required to pay for any fees that are related to obtaining their visa at the US embassy or consulate in their home country.

H-1B Process

The process for filing for an H-1B Visa is as follows:

H-1B Period of Stay

H-1B Visa holders are permitted to stay in the United States for a period of up to three years. The period of stay can be extended; however, typically, the extension cannot exceed a total of six years (in some cases, exceptions may be made). If the employer terminates the H-1B Visa holder before the period of stay expires, the employer is responsible for any costs related to the employee’s return to their home country. If an employee resigns from the position prior to the expiration of the period of stay, the employer is not responsible for transportation costs for the employer to return to his or her home.

H-1B Cap

The annual cap on H-1B visas is 65,000 every fiscal year. The first 20,000 petitions that are filed for foreign workers that have a Master’s degree are exempt from the cap. H-1B employees who are employed at institutions of higher education or a nonprofit research organization or a government research organization are also exempt from the cap.