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H1-B visas are designed for skilled temporary workers in a specialty occupation to fill vacancies in the United States. These "specialty occupations" are jobs that require a U.S. bachelor's degree or its equivalent. To qualify, applicants must possess a related four-year college degree or equivalent work experience. 

H-1B visas are one of the most desired visas in the United States, as they provide rapid approval, employment and travel permission for a period of up to six years, and in some cases the chance to get a green card. These visas are valid for an initial period of three years and up to six years total (with an extension). Further extensions are possible in connection with a pending immigrant petition, as well as the possibility to recapture additional time to offset time spent outside of the United States.

H1-B visas are numerically limited; for this reason, the application process is subject to great scrutiny.  H1-B visas are currently capped at 65,000 annually, although some individuals and organizations are exempt from this cap.  An advanced degree exception makes 20,000 additional H-1B visas available each year to foreign workers who hold a Master's or higher from a U.S. academic institution. Of the 65,000 H-1B visas available each year, the U.S government sets aside 6,800 visas for nationals of Chile and Singapore, thereby leaving only 58,200 visas available for all other applicants. The unused portion of the visas allotted to nationals of Chile and Singapore will normally be returned to the general pot.  Because the demand for H-1B visas far exceeds its supply, for each of the past four years, the H-1B cap has been reached very early in the year.  It is fundamental to plan ahead and start the application process early in the year.

Normally, USCIS begins accepting applications on April 1st for H-1B visas for the following fiscal year. Over the past few years, the H-1B quota cap has been reached prior to the end of the fiscal year, as follows:

Note: All applicants for H-1B visas must have a petition approved by the U.S. Citizenship and Immigration Service (USCIS) before applying for the visa.  A petition is the process by which the Department of Homeland Security (DHS) determines that you meet the basic qualifications for a particular visa. For example, it is through the petition process that the DHS determines you have the educational background or its equivalent to qualify as an H-1B "skilled worker".  Petitions cannot be filed with the Consulate because they must be filed in the United States.

  You have the following rights as an H1-B worker:

• You must be paid at least the prevailing wage, as listed on your Labor Condition Application (LCA) form.  This, in turn, must be the same rate your employer pays other workers with similar experience and qualifications, without regard to nationality.  

• You must not be “benched,” or have a reduced or suspended wage for non-productive time caused by the employer, or by the lack of a license or permit. 

• You must receive the same fringe benefits on the same basis as offered to American employees. 

• Your employer may not require you to pay, either directly or indirectly, any part of the petition filing fee, administrative fees, attorney fees or any other costs related to the petition. 

• You must not be required to pay a financial penalty for leaving the employer before a date set in the employment contract. 

• You should receive the same working conditions (such as hours, shifts, vacations, etc.) on the same basis and criteria as provided to similarly employed U.S. workers. 

• Your employer must keep records of the hours you work and the wages you are paid.  You should keep your own records as well. 

• Your employer may not intimidate, threaten, discharge or otherwise discriminate against any employee, former employee or job applicant for disclosing possible H-1B violations or for cooperating in a compliance investigation.

• You must provide truthful and correct qualification documents, such as degrees and experience letters, to immigration authorities throughout the visa process.

• You should be alert for any possible violations of your rights, as well as violations against colleagues or contacts in the U.S., and avoid those employers. 

• If you leave your employer, regardless of who terminated the relationship, you should leave the United States unless you have filed for H-1B status with a new employer. 

• You may not enter the United States more than 10 days prior to the petition validity date. 

• You must follow U.S. laws and regulations while in the United States. 

• Your spouse and other H-4 dependents may not work while in the United States.