H 1 B

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and immigration services.
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The H-1B is a non-immigrant visa in the United States under the Immigration &
Nationality Act, section 101(a)(15)(H). It allows U.S. employers to employ foreign guest
workers skilled in specialty occupations - regardless of whether qualified U.S. citizens or
residents are available to fill these jobs. [1]
The regulations define a “specialty occupation” as requiring theoretical and practical

application of a body of highly specialized knowledge in a field of human endeavor
including, but not limited to, architecture, engineering, mathematics, physical sciences,
social sciences, medicine and health, education, law, accounting, business specialties,
theology, and the arts, and requiring the attainment of a bachelor’s degree or its
equivalent as a minimum. Likewise, the foreign worker must possess at least a bachelor’s
degree or its equivalent and state licensure, if required to practice in that field. H-1B
work-authorization is strictly limited to employment by the sponsoring employer - except
that many H-1B work for bodyshops who then place them with third party employers.
Contents
[hide]
• 1 Duration of Stay
• 2 Congressional Yearly Numerical Cap
• 3 Employer Attestations to Protect U.S. Workers
• 4 H-1B Fees Earmarked for U.S. Worker Education and Training
• 5 Taxation status of H-1B workers
• 6 H-1B employment
• 7 U.S. policy on maximum duration
• 8 H-1B and legal immigration
• 9 Quotas and changes in quotas
• 10 H-1B-dependent employers
• 11 Criticisms of the Program
o 11.1 Guy Santiglia v. Sun Microsystems
• 12 Criticisms by H-1B holders
o 12.1 Payment of in-state tuition
o 12.2 Taxation
o 12.3 Spouses cannot work
o 12.4 An H-1B Worker Faces Additional Obstacles at His/Her Workplace
• 13 Worker protection and law enforcement
• 14 Recent changes to U.S. law
• 15 Similar programs
• 16 Dependents of H-1B visa holders
• 17 H-1B demographics
• 18 Usage of H-1B by outsourcing firms
• 19 Top ten H-1B rankings
• 20 References
• 21 Notes
• 22 See also
• 23 External links for H-1B information
o 23.1 Abuse of the H-1B Program
o 23.2 Advocacy efforts
[edit] Duration of Stay

The duration of stay is 3 years, extendible to 6. An exception to maximum length of stay
applies in certain circumstances: (i) 1 year extensions if a labor certification application
has been filed and is pending for at least 365 days; and (ii) 3 year extensions if an I-140
has been approved.
[edit] Congressional Yearly Numerical Cap

The current law limits to 65,000 the number of aliens who may be issued a visa or
otherwise provided H-1B status. (The numerical limitation was temporarily raised to
195,000 in FY2001, FY2002 and FY2003.) In addition, excluded from the ceiling are all
H-1B non-immigrants who work for universities and nonprofit research facilities. Free
Trade Agreements allow a carve out from the numerical limit of 1,400 for Chilean
nationals and 5,400 for Singapore nationals. Laws also exempt up to 20,000 foreign
nationals holding a master’s or higher degree from U.S. universities from the cap on H-
1B visas.
The Department of Homeland Security approved about 132,000 H-1B visas in 2004 and
117,000 in 2005.[2]
Visa renewals do not count towards the annual limits. Transfers among employers only
count when changing jobs from an employer exempt from the limits (academia or
research) to one that is not exempt.
[edit] Employer Attestations to Protect U.S. Workers

The U.S. Department of Labor (DOL) is responsible for ensuring that foreign workers do
not displace or adversely affect wages or working conditions of U.S. workers.
The Department of Labor states that the H-1B law doesn't require employers to seek local
talent before recruiting abroad for their US job openings, except in limited circumstances
when the employer is considered H-1B dependent:
The DOL's [Strategic Plan http://www.dol.gov/_sec/stratplan/strat_plan_2006-2011.pdf],

Fiscal Years 2006-2011 (pg. 35) states: "...H-1B workers may be hired even when a
qualified U.S. worker wants the job, and a U.S. worker can be displaced from the job in
favor of the foreign worker."
The [Federal Register http://www.dol.gov/esa/regs/fedreg/final/2006005740.pdf], dated

June 30, 2006, Section II, paragraph 4, "the statute does not require employers...to
demonstrate that there are no available US workers or to test the labor market for US
workers as required under the permanent labor certification program."
Employers must attest that wages offered are at least equal to the actual wage paid by the
employer to other workers with similar experience and qualifications for the job in
question, or alternatively, pay the prevailing wage for the occupation in the area of
intended employment, whichever is greater. By signing the LCA, the employer attests
that: prevailing wage rate for area of employment will be paid; working conditions of
position will not adversely affect conditions of similarly employed American workers;
place of employment not experiencing labor dispute involving a strike or lockout.
Prior to 2005, the law required H-1B workers to be paid the higher of the prevailing wage
for the same occupation and geographic location or that which the employers pays to
similarly situated employees. Other factors, such Age and skill were not permitted to be
taken into account for the prevailing wage. Congress changed the program in 2004 to
require the Department of Labor to provide four skill-based prevailing wage levels for
employers to use. Employers using this system classify most workers at the lowest skill
level. This is the only prevailing wage mechanism the law permits that incorporates
factors other than occupation and location.
The law specifically limits the approval process of LCAs to checking for "obvious errors
and inaccuracies."[3] The approval process for these employer attestations simply amounts
to the checking the form is filled out correctly.
[edit] H-1B Fees Earmarked for U.S. Worker Education
and Training
In 2007, the U.S. Department of Labor, Employment and Training Administration (ETA),
reported on two programs, the High Growth Training Initiative and Workforce Innovation
Regional Economic Development (WIRED), which have received or will receive $284
million and $260 million, respectively, from H-1B training fees to education and train
U.S. workers.
[edit] Taxation status of H-1B workers

The Taxation of H1B employees, depends on their Tax Residency whether they are
categorized as Resident Aliens or Non Resident Aliens for tax purposes.
The Tax Residency can be determined based on the Substantial Presence Test. Substantial
Presence Test Calculator
If the Residency of H1B visa holders is Resident, then their Taxation is like any other US
citizen and they file Form 1040 and the necessary schedules.
But if the Residency of H1B visa holders is Non Resident, then their Taxation is to file
Non Resident Tax Forms 1040NR and they can benefit from US Tax Treaties.
They have a choice of choosing to be considered a Resident based on First Year Choice,
please refer to the IRS Pub 519.
To file joint returns with a spouse on H4 Visa, they need to apply for ITIN number for
their spouse.
Its highly important for H1B visa holders to understand their Tax Residency before filing
taxes.
[edit] H-1B employment

According to the USCIS, "H-1B aliens may only work for the petitioning U.S. employer
and only in the H-1B activities described in the petition. The petitioning U.S. employer
may place the H-1B worker on the worksite of another employer if all applicable rules
(e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one
U.S. employer, but must have a Form I-129 petition approved by each employer."[4]
Enforcement of these rules depends upon the employee, however. The Department of
Labor has neither the authority nor the manpower to investigate violations of these rules
unless and until a complaint is made.
As the rules are written, there is no requirement that an American be sought to fill a
position, nor given preference in layoffs unless the company is "H-1B dependent", i.e. 15
percent or more of its global workforce consists of H-1Bs earning less than $60,000 per
year, exempting those who hold master's degrees. Only about one percent of H-1B
employers are deemed "H-1B dependent," and even then the employer is only required to
"attest" that he was not able to find an American. (The true level of H-1B dependence is
most likely higher since the current rules for measuring H-1B dependence are applied
across all occupations within a company including administrative, sales, marketing, and
other technical positions, rather than specifically to the technology areas within a
company for which an H-1B is granted.)
[edit] U.S. policy on maximum duration

In theory, the maximum duration of the H-1B visa is six years (ten years for exceptional
Defense Department project-related work). H-1B holders who want to continue to work
in the U.S. after six years, but who have not obtained permanent residency status, must
remain outside of the U.S. for one year before reapplying for another H-1B visa.
There are generally two exceptions to the 6 year duration of the H-1B visa:
• If a visa holder has submitted an I-140 immigrant petition or a labor certification

prior to his 5th year anniversary of having the H-1B visa, he is entitled to renew
his H-1B visa in 1 year increments until a decision has been rendered on his
application for permanent residence.
• If the visa holder has an approved I-140 immigrant petition, but is unable to
initiate the final step of the green card process due to his priority date not being
current, he may be entitled to a 3 year extension of his H-1B visa. This exception
originated with the American Competitiveness in the Twenty-First Century Act of
2000.[5]
[edit] H-1B and legal immigration

Even though the H-1B visa is a non-immigrant visa, it is one of the few visa categories
recognized as dual intent, meaning an H-1B holder can have legal immigration intent
(apply for and obtain the green card) while still a holder of the visa. In the past the
employment-based green card process used to take only a few years, less than the
duration of the H-1B visa itself. However, in recent times the legal employment-based
immigration process has backlogged and retrogressed to the extent that it now takes many
years for skilled professional applicants from certain countries (like India, the Philippines
and China) to obtain their green cards. Since the duration of the H-1B visa hasn't
changed, this has meant a lot more H-1B visa holders have to renew their visas in 1 year
or 3 year increments to continue to be in legal status while their green card application is
in process.
[edit] Quotas and changes in quotas
The number of new H-1Bs issued each year in the United States is subject to an annual
congressionally-mandated quota. Each H-1B quota applies to a particular Financial Year
which begins on October 1. Applications for the upcoming Financial Year are accepted
beginning on the preceding April 1 (or the first working day after that date). Those
beneficiaries not subject to the annual quota are those who currently hold H-1B status or
have held H-1B status at some point in the past six years and have not been outside the
United States for more than 365 consecutive days. This annual quota has had a significant
impact on the high tech industry. It has generally been set at 65,000 visas per year, with
some exceptions for workers at exempt organizations like universities and colleges (note:
contrary to popular belief, non-profit organizations are not automatically exempt, but may
be so if affiliated with a university or college). In 2000, Congress permanently exempted
H-1B visas going to Universities and Government Research Laboratories from the quota.
During the early years of this quota in the early 1990s, this quota was rarely actually
reached. By the mid-1990s, however, the quota tended to be filled each year on a first
come, first served basis, resulting in new H-1Bs often being denied or delayed because
the annual quota was already filled. In 1998 the quota was increased first to 115,000 and
then, in 2000, to 195,000 visas per year. During the years the quota was 195,000, it was
never reached.
In FY 2004, the quota reverted to 90,000 when the temporary increase passed by
Congress in 1999 expired. Since then, the quota is again filling up rapidly every year,
making H-1Bs again increasingly hard to get. More recently, the basic quota was left at
65,000 but with an additional 20,000 visas possible for foreign workers with U.S.
advanced degrees. Of the 65,000 total, 6,800 are initially reserved for citizens of Chile
and Singapore under free trade agreements with those countries; however, if these
reserved visas are not used under the agreements, they go back to the general pool.
Outside of the 65,000 quota, another 10,500 visas annually are available to Australian
citizens under a similar but more flexible program, the E-3 visa program.
For FY 2007, beginning on October 1, 2006, the entire quota of visas for the year was
exhausted within a span of less than 2 months on May 26, 2006[6], well before the
beginning of the financial year concerned. The additional 20,000 Advanced Degree H-1B
visas were exhausted on July 26. For FY 2008, the entire quota was exhausted before the
end of the first day on which applications were accepted, April 2[7]. Under USCIS rules,
the 123,480 petitions received on April 2 and April 3 that were subject to the cap were
pooled, and then 65,000 of these were selected at random for further processing[8]. The
additional 20,000 Advanced Degree H-1B visas for FY 2008 was exhausted on April 30.
In its annual report on H-1B visas released in November 2006, USCIS stated that it
approved 131,000 H-1B visas in FY 2004 and 117,000 in FY 2005. The inflation in
numbers is because H-1B visas can be exempt from the caps if the employer is a
University or Research Lab.
For FY 2009, USCIS announced on April 8, 2008 that the entire quota for visas for the
year has been reached, for both 20,000 Advanced and the 65,000 quota. USCIS would
complete initial data entry for all filing received during April 1 to April 7, 2008 before
running the lottery [9].
[edit] H-1B-dependent employers

Recent H-1B legislation requires certain employers, called H-1B dependent employers to
advertise positions in the USA before petitioning to employ H-1B workers for those
positions.
For firms of 50 employees, an H-1B dependent employer is defined as having more

than 15% of their employees in H-1B status. Smaller firms are allowed to have a higher
percentage of H-1B employees before becoming 'dependent'.
[edit] Criticisms of the Program

The H-1B program has caused a number of criticisms.
Nobel Prize winning economist Milton Friedman called the program a corporate subsidy,
as quoted in a 2002 Article in computerworld. [10]
One criticism of the H-1B program has been over its role in replacing U.S. workers. The
first documented cases occurred in 1994 when AIG (Livington NJ) and SeaLand
(Elizabeth NJ), took advantage of a loophole in the law to replace their U.S.
programming staffs with H-1B workers. These companies used contract job shops to
supply the H-1B replacements. The companies could claim they did not apply for H-1B
visas and the job shops could claim they had not fired any U.S. workers. Thus, the
employer could openly and legally replace their U.S. workforce with H-1B workers.
The American Competitiveness Act of 1998 that temporarily expanded the H-1B program
contained a provision that was alleged to close this loophole in the version that passed the
House Judiciary Committee. The House leadership had it removed before the bill came to
a vote. Critics of the H-1b program have suggested that because demand for US
immigration rights is so huge, these provisions are difficult to enforce
Another criticism of the H-1B program is its vague eligibility requirements, however
specific guidelines upheld by a body of case law define the requirements. While
frequently described as a program for highly skilled workers, the H-1B nonimmigrant
visa category specifically applies to specialty occupations. It can be argued that any job
that requires a minimum of a bachelor's degree, is highly skilled.
Specialty occupations have been defined as positions that require theoretical or technical
expertise in a specialized field and have generally been interpreted as being those that
normally require the attainment of a Bachelor's degree. [11] Typical H-1B occupations
include architects, engineers, computer programmers, accountants, doctors, business
managers, and college professors. The H-1B visa program also includes fashion models.
Wage depression is a complaint critics have about the H-1B program: some studies have
found that H-1B workers are paid significantly less than U.S. workers.[12][13] It is claimed
that the H-1B program is primarily used as a source of cheap labor. However the sources
of these studies are normally conducted and reported by special interest groups that
oppose the H-1B program. No definitive governmental study, either by the GAO or the
Congressional Research Agency has proven these statistics to be true. A paper by Harvard
Professor George J. Borjas for the National Bureau of Economic Research found that "a
10 percent immigration-induced increase in the supply of doctorates lowers the wage of
competing workers by about 3 to 4 percent." It also states that this phenomenon makes
Americans to pay less for their online and software services and most of the times it is
free
The Labor Condition Application (LCA) included in the H-1B petition is supposed to
ensure that H-1B workers are paid the prevailing wage in the labor market, or the
employer's actual average wage, whichever is higher, but some evidence exists that some
employers do not abide by these provisions and therefore avoid paying the actual
prevailing wage. However, studies show that the majority of employers do pay prevailing
wages and the law provides stiff penalties for abusers.[citation needed]
DOL has split the prevailing wage into four levels, with Level One representing about the
17th percentile of wage average Americans earn - and about 80% of LCA are filed at this
17th percentile level. This four level prevailing wage can be obtained the DOL website,
[14]
and is generally far lower than average wages.
The "prevailing wage" stipulation is allegedly vague and thus easy to manipulate,
resulting in employers underpaying visa workers. According to Ron Hira, assistant
professor of public policy at the Rochester Institute of Technology, the median wage in
2005 for new H-1B information technology (IT) was just $50,000, which is even lower
than starting wages for IT graduates with a B.S. degree. The US governments OES
office's data indicates that 90% of H-1B IT wages were below the median US wage for
the same occupation. [6]
Historically, H-1B holders have sometimes been described as indentured servants, and
while the comparison is not accurate, it had some validity prior to the passage of
American Competitiveness in the Twenty-First Century Act of 2000. Although
immigration generally requires short & long-term visitors to disavow any ambition to
seek the green card (permanent residency), H-1B visa holders are an important exception,
in that the H-1B is legally acknowledged as a possible step towards a green card under
what is called the doctrine of dual intent.
Some visa holders work offsite for major US corporation, sending and coordinating work
back in their homeland. They work at large corporations that require someone in-house to
answer questions and deal with software bugs. Corporations have been using this service
for a few years, with varied success. Software offshoring was very popular for a few
years and still remains an attractive alternative for software development. The popularity
has fallen off since the results have not always proven worthwhile. The major problem is
that software specifications are usually not written in sufficient detail and omit necessary
assumptions, thus they can easily be misinterpreted by someone outside the organization.
The resulting software usually falls short of satisfying the specifications and can be more
expensive in time and money than having the software developed on-site.[citation needed]
H-1B visa holders may be sponsored for their green cards by their employers through an
Application for Alien Labor Certification, filed with the U.S. Department of Labor. In the
past, the sponsorship process has taken several years, and for much of that time the H-1B
visa holder was unable to change jobs without losing their place in line for the green card.
This created an element of enforced loyalty to an employer by an H-1B visa holder.
Critics alleged that employers benefit from this enforced loyalty because it reduced the
risk that the H-1B employee might leave the job and go work for a competitor and that it
put citizen workers at a disadvantage in the job market, since the employer has less
assurance that the citizen will stay at his job for an extended period of time, especially if
the work conditions are tough, wages are lesser or the work is extensive and deadlined. It
has been argued that this makes the H-1B program extremely attractive to employers and
that labor legislation in this regard has been influenced by corporations seeking and
benefitting from such advantages.
Employers cannot typically sue employees if they leave their employment, regardless of
whether the employee is an H-1B holder, a permanent resident or a U.S. citizen. Although
any employer can make this threat, the case history of employers who have attempted to
sue or otherwise claim money from H-1B employees is limited. In 2001, San Mateo
County Superior Court Judge Phrasel Shelton ruled in an H-1B employee's favor on the
unfair competition statute and ordered the employer to drop restrictive language in its
employee contracts. The H-1B employee in the case was awarded over $200,000 in fees
and damages.[15] In 2002 the employer appealed the decision and lost.[16] In addition,
Department of Labor's H-1B regulations issued in 2001 prohibit employers from making
an H-1B employee pay a penalty for quitting prior to an agreed upon date.
[edit] Guy Santiglia v. Sun Microsystems
In 2002, The U.S. government began an investigation into Sun Microsystems' hiring
practices after an ex-employee, Guy Santiglia, filed complaints with the U.S. Department
of Justice and U.S. Department of Labor alleging that the Santa Clara firm discriminates
against American citizens in favor of foreign workers on H-1B visas. Santiglia accused
the company of bias against U.S. citizens when it laid off 3,900 workers in late 2001 and
at the same time applying for thousands of visas in 2001. In 2002, about 5 percent of
Sun's 39,000 employees had temporary work visas, he said. [17] In 2005, it was decided
that Sun violated only minor requirements and that neither of these violations was
substantial or willful. Thus, the judge only ordered Sun to change its posting practices.[18]
For the special case of companies deemed "H-1B dependent", current U.S. law states that
employers who hire foreign workers must "attest" (though for H-1B, no formal proof of
any kind is required) that there are no domestic workers who could fill their positions. H-
1B Visa critics have argued that this is an entirely arbitrary and subjective measuring
stick that an employer can change arbitrarily and retroactively to disqualify any U.S.
applicants over H-1B applicants after the fact. For instance, if a company wants to hire a
particular H-1B applicant over a U.S. citizen for a reason unrelated to skills, all that is
necessary is to make up an arbitrary excuse retroactively when filing the H-1B petition,
and with complete disregard to whether the U.S. applicant is really qualified.
[edit] Criticisms by H-1B holders

[edit] Payment of in-state tuition
In most states, H-1B workers and their dependents do not qualify for in-state tuition
regardless of the amount of time spent in the US. In the past few years, a few states such
as California, New York and Texas have extended in-state tuition to H-1B workers and
dependents. Typically the decision to offer in-state tuition to H-1B and H4 residents is
taken as a result of an adverse state court decision that uses the precedent established for
G-4 visas in the Supreme Court decision in TOLL v. MORENO, 441 U.S. 458 (1979).
[edit] Taxation
The Taxation of H1B employees, depends on their Tax Residency whether they are
categorized as Resident Aliens or Non Resident Aliens for tax purposes.
The Tax Residency can be determined based on the Substantial Presence Test. Substantial
Presence Test Calculator
If the Residency of H1B visa holders is Resident, then their Taxation is like anyother US
citizen and they file Form 1040 and the necessary schedules.
But if the Residency of H1B visa holders is Non Resident, then their Taxation is to file
Non Resident Tax Forms 1040NR and they can benefit from US Tax Treaties.
They have a choice of choosing to be considered a Resident based on First Year Choice,
please refer to the IRS Pub 519.
To file joint returns with a spouse on H4 Visa, they need to apply for ITIN number for
their spouse.
Its highly important for H1B visa holders to understand their Tax Residency before filing
taxes.
[edit] Spouses cannot work

H-1B's spouse who generally come on H-4 (dependent visa) cannot work in the United
States. This can cause stress to qualified spouses of the H-1B holders. Some of them wait
in queue for years to get their own H-1Bs. In contrast, L-1 dependent visa holders (L-2)
can work, if their EAD is approved by USCIS. This is a lengthy process and consumes a
lot of time and money.
[edit] An H-1B Worker Faces Additional Obstacles at His/Her Workplace
Any H-1B worker essentially has the following weakness: his ability to remain in U.S. is
directly linked to his current job. H-1B holders can change jobs only with difficulty. In
some cases, the holders of H-1B visas find their employers have not completely
accurately represented the terms of employment; they find themselves in a foreign land
with only a limited understanding of the legal system. H-1B workers can be disciplined at
any time, by being laid off: the worker then has to leave U.S. within 10 days (and even
these 10 days are allowed only at USCIS's discretion, 0 (zero) days are actually
guaranteed by law). The worker can only avoid leaving the country by finding another
employer that is willing to sponsor for H-1B, often impossible in the short amount of
time available. If unhappy with the workplace, a U.S. citizen or green card holder can
simply quit their job, whereas a H-1B's right to remain in the U.S. is tied to the job. So,
H-1B holders tend to be more lenient employees, complaining less about long work
hours, cumbersome work schedules, or not receiving certain benefits or promotion.
Another weakness of H-1B is that it hampers promotion[citation needed]. For example, an
employee cannot be legally promoted into a managerial job (with higher salary) if his H-
1B was issued for the role of a software engineer. Consequently, some H-1B holders
stagnate at the same job level for several years, while citizens and green card holders get
promoted instead.
[edit] Worker protection and law enforcement

For every H-1B petition filed with the USCIS, there must be included a Labor Condition
Application (LCA) certified by the U.S. Department of Labor. The LCA is designed to
ensure that the wage offered to the non-immigrant worker must meet or exceed the
"prevailing wage" in the area of employment. The LCA also contains an attestation
section designed to prevent the program from being used to import foreign workers for
the purpose of breaking a strike, or for the purpose of replacing U.S. citizen workers.
Under the regulations, LCAs are a matter of public record. Corporations hiring H-1B
workers are required to make these records available to any member of the public who
requests to look at them. Copies of the relevant records are also available from various
web sites, including the Department of Labor.
Theoretically, the LCA process appears to offer protection to both U.S. and H-1B
workers. However, according to the U.S. General Accounting Office, enforcement
limitations and procedural problems render these protections ineffective.[19] Ultimately,
the employer, not the Department of Labor, determines what source it will use to
determine the prevailing wage for an offered position, and it may choose among a variety
of competing surveys, including its own wage surveys, provided that such surveys follow
certain defined rules and regulations.
The law specifically restricts the Department of Labor's approval process of LCAs to
checking for "completeness and obvious inaccuracies".[20]. In FY 2005, only about 800
LCAs were rejected out of over 300,000 submitted.
[edit] Recent changes to U.S. law

The American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the
U.S. Department of Labor's PERM system for labor certification erased most of the
earlier claimed arguments for H-1B's as indentured servants during the green card
process. With PERM, labor certification processing times have been reduced to less than
90 days.
Because of AC21, the H-1B employee is free to change jobs if they have an I-485
application pending for six months and an approved I-140, if the position to which they
are moving is substantially comparable to their current position. In some cases, if those
labor certifications are withdrawn and replaced with PERM applications, processing
times will improve, but the person will also lose their favorable priority date. In those
cases, employers' incentive to attempt to lock in H-1B employees to a job by offering a
green card is reduced, because the employer bears the high legal costs and fees associated
with labor certification and I-140 processing, but the H-1B employee is still free to
change jobs.
However, many people are ineligible to file I-485 at the current time due to the wide-
spread retrogression in priority dates. Thus, they may well still be stuck with their
sponsoring employer for many years. There are also many old labor certification cases
pending under pre-PERM rules.
On May 25, 2006 the U.S. Senate passed immigration bill 2611 which contained several
increases in the number of H-1B visas, including: 1) raising the base quota from 65,000
to 115,000, 2) Automatically increasing the base quota by 20% whenever it is reached
with no provision for lowering it, 3) Adding 6,800 visas for trade agreements separate
from the base quota, 4) Adding 20,000 visas for those with foreign graduate degrees, 5)
Raising from 20,000 to unlimited the number of visas for those with U.S. graduate
degrees, and 6) Making visas to non-profit organizations exempt from the quota.[21][22][23]
However, as the House refused to consider the measure, it died in conference and no H-
1B increase was approved in time for the elections.
The USCIS has announced that after completing a policy review that it was clarifying
that to avoid H-1B quota limits, individuals who spent one year outside of U.S. and did
not exhaust their entire six year term can choose to be re-admitted for “remainder” of
initial six-year period without being subject to the H-1B cap.[24]
The USCIS has also announced that after completing a policy review that it was
clarifying that “any time spent in H-4 status will not count against the six-year maximum
period of admission applicable to H-1B aliens.[25]
On May 24, 2007, the Senate considered amendments to the Comprehensive Immigration
Reform bill (S. 1348) [26] including the Sanders Amendment to increase the H-1B
Scholarship & Training Fee from $1500 to $8500 (for H-1B employers with more than 25
full time employees). The additional fee was to be used for training and scholarship
programs and in addition to other existing fees. Senator Sanders listed the Teamsters
Union and the AFL-CIO among supporters of his amendment. Without this amendment,
Senator Sanders (I-VT) said, "skilled middle class and upper middle class Americans"
would be hurt, and their wages would continue to be suppressed. Just prior to the vote,
Senator Sanders announced that he had made changes to his amendment, dropping the fee
for H-1B visas from the $8500 he proposed earlier, down to $5000. Following Senator
Sanders’ announcement, Senators Kennedy and Specter expressed their support for the
bill and the amendment passed by a vote of 59-35[27]. Compete America, a coalition of
U.S. tech companies, reported the passage of the Sanders amendment will "accelerate
outsourcing and undermine U.S. economic growth."
[edit] Similar programs

In addition to H-1B visas, there are a variety of other visa categories which allow foreign
workers to come into the U.S. to work for some period of time.
L-1 visas are issued to foreign employees of a corporation. Under recent rules, the foreign
worker must have worked for the corporation for at least one year in the preceding three
years prior to getting the visa. An L-1B visa is appropriate for nonimmigrant workers
who are being temporarily transferred to the United States based on their specialized
knowledge of the company's techniques and methodologies. An L-1A visa is for
managers or executives who will either manage people or an essential function of the
company. There is no requirement to pay prevailing wages for the L-1 visa holders. For
Canadian residents, a special L visa category is available.
TN-1 visas are part of the NAFTA treaty, and are issued to Canadian and Mexican
citizens.[28] Formerly, they were also issued to third country citizens who had obtained
permanent residency in Canada.[citation needed] This procedure is called "touching base".[citation
needed]
TN visas are only available to workers who fall into one of a pre-set list of
occupations determined by the NAFTA treaty. There are specific eligibility requirements
for the TN Visa.
E-3 visas are issued to citizens of Australia under the Australia free-trade treaty.
H-1B1 visas are issued to residents of Chile and Singapore under the amended NAFTA
treaty.
One recent trend in work visas is that various countries attempt to get special preference
for their nationals as part of treaty negotiations. Another trend is for changes in
immigration law to be embedded in large Authorization or Omnibus bills to avoid the
controversy that might accompany a separate vote.
H-2B: The H-2B nonimmigrant program permits employers to hire foreign workers to
come to the U.S. and perform temporary nonagricultural work, which may be one-time,
seasonal, peak load or intermittent. There is a 66,000 per year limit on the number of
foreign workers who may receive H-2B status
Alternatives to H-1B Visa:
• Green Card for medical doctors and physicians.

o Pre-requisite: National Interest Waiver.
o Alternatively, a Medical Doctor or Physican may enter the U.S. for a
temporary period through a temporary visa.
• Green Cards for Nurses and Physical Therapists
• Employment Visa for Professors and Researchers.
[edit] Dependents of H-1B visa holders

H-1B visa holders are allowed to bring their immediate family members (spouse and
children under 21) to the United States under the H4 Visa category as dependents. An H4
Visa holder may remain in the U.S. as long as the H-1B visa holder remains in legal
status. An H4 visa holder is not eligible to work in the U.S. and is not eligible for a Social
Security number (SSN). An H4 Visa holder may attend school, obtain a driver's license
and open a bank account while in the US. Some recent state regulations prohibit H-4 visa
holders from obtaining a driver's license in cases where driver's licenses are no longer
being issued on Individual Taxpayer Identification Numbers alone and an SSN is
required.
[edit] H-1B demographics

Of all Computer Systems Analysts and programmers on H-1B visas in the USA, 74
percent were from Asia. This large scale migration of Asian IT professionals to the
United States has been cited as a central cause of the quick emergence of the offshore
outsourcing industry.[29]
Further information: IT Body Shops
[edit] Usage of H-1B by outsourcing firms

In 2006, These firms collectively were issued 19,512 of the 65,000 H-1B visas granted,
with 5 outsourcing firms among the top 5 receivers of H-1B visas. Among the top of the
list were some of the most well known outsourcing firms: Infosys, Satyam Computer
Services, Tata Consultancy Services, and Wipro Technologies. Critics have argued that
granting H-1B visas to these outsourcing firms is not the real intent of the H-1B Visa
program though the reasons are vague.[30]
In 2006, Wipro applied for 20,000 H-1B visas and 160 Green Cards; and Infosys applied
for 20,000 H-1B visas and only 50 Green Cards. Of the Applied H-1B visas, Wipro and
Infosys were granted, 4,002 and 4,908 visas respectively, an acceptance rate of 20% and
24%. [31] Given that both companies have a work force of approximately 70,000
employees, and a U.S. employment base of roughly 20,000 H-1B holders, this indicates
that roughly 1/3 of the Indian workforce of Infosys & Wipro applied for a visa in 2006.
Critics have argued that usage of H-1B's by Indian outsourcing firms is being misused by
Indian companies as a conduit to move jobs and technology from the United States
offshore to their homeland. [32]
[edit] Top ten H-1B rankings
Top Ten Companies Receiving H-1B's[30]
Primary H-1Bs
Rank Company Headquarters
Employment Base received 2006
Bangalore, Karnataka,
1 Infosys India 4,908
India
Bangalore, Karnataka,
2 Wipro India 4,002
India
3 Microsoft Redmond, Washington USA 3,117
Tata Consultancy Mumbai, Maharashtra,

4 India 3,046
Services India
Satyam Computer Hyderabad, Andhra

5 India 2,880
Services Pradesh, India
Cognizant
6 Teaneck, New Jersey[33] India 2,226
Technology Solutions
Patni Computer Mumbai, Maharashtra,

7 India 1,391
Systems India
8 IBM Armonk, New York USA 1,130
Redwood Shores,
9 Oracle Corporation USA 1,022
California
Larsen & Toubro Mumbai, Maharashtra,

10 India 947
Infotech India
Top 10 universities and schools receiving H-1Bs[30]
school H-1Bs Received 2006
University of Michigan 437

University of Illinois 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
University of Pittsburgh 275
Top ten U.S. technology companies receiving H-1B's[30]
Company H-1Bs Received 2006
Microsoft 3117
IBM 1130
Oracle Corporation 1022

Cisco 828
Intel 828
Motorola 760
Qualcomm 533
Yahoo 347
Hewlett-Packard 333
Google 328
[edit] References
1. United States Citizenship and Immigration Service, "Characteristics of Specialty
Occupation Workers (H-1B)", for FY 2004 and FY 2005, November 2006.
2. Tech-Bubble: 20% or more of U.S. computer programmers unemployed or
displaced.
3. Silicon Valley Tech Employment. 2000-2004
4. Chart of High Tech Visa Glut
[edit] Notes
1. ^ H1B Visa. www.h1bvisa.org. Retrieved on 2008-05-01.
2. ^ Department of Homeland Security Annual Reports on the H-1B visa program for 2004
and 2005
3. ^ 8 U.S.C. 1182(n)
4. ^ H-1B Frequently Asked Questions
5. ^ American Competitiveness in the Twenty-First Century Act of 2000
6. ^ 2007 H-1B visa limit already reached
7. ^ USCIS REACHES FY 2008 H-1B CAP
8. ^ USCIS Runs Random Selection Process For H-1B, USCIS, April 13, 2007
9. ^ [1]
10. ^ H-1B Is Just Another Gov't. Subsidy
11. ^ United Department of Labor Office of Inspector General, The Department of Labor's
Foreign Labor Certification Programs: The System Is Broken and Needs To Be Fixed,
May 22, 1996, p. 20
12. ^ Low Salaries for Low Skills: Wages and Skill Levels for H-1B Computer Workers,
2005 John M. Miano
13. ^ The Bottom of the Pay Scale: Wages for H-1B Computer Programmers John M. Miano
14. ^ DOL Foreign Labor Certification Online Wage Library
15. ^ 'Body shop' must pay fees in H-1B lawsuit
16. ^ Appeal denied in H-1B visa case
17. ^ Sun Accused of Worker Discrimination, San Francisco chronicle, June 25,2002, online
text
18. ^ Santiglia v. Sun Microsystems, Inc., ARB No. 03-076, ALJ No. 2003-LCA-2 (ARB
July 29, 2005)
19. ^ United States General Accounting Office, H-1B Foreign Workers: Better Controls
Needed to Help Employers and Protect Workers
20. ^ 8 USC 1182 (n)
21. ^ [2]
22. ^ [3]
23. ^ [4]
24. ^ USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic
Operations, to all Regional Directors and Service Center Directors, dated December 5,
2006
25. ^ USCIS Interoffice Memorandum from Michael Aytes, Associate Director, Domestic
Operations, to all Regional Directors and Service Center Directors, dated December 5,
2006
26. ^ [5]
27. ^
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vote_cfm.cfm?congress=1
10&session=1&vote=00179]
28. ^ Mexican and Canadian NAFTA Professional Worker
29. ^ Yeoh et al, 'State/Nation/trasnation: Perspectives on Transnationalism in the Asia-
Pacific', Routledge, 2004, ISBN 041540279X, page 167
30. ^ a b c d Marianne Kolbasuk McGee (May 17, 2007). Who Gets H-1B Visas? Check Out
This List. InformationWeek. Retrieved on 06/02/2007.
31. ^ Prithiv Patel, Infosys, Wipro and TCS under investigation for misuse of H1B visas,
India Daily, May 15, 2007
32. ^ 'To H-1B Or Not To H-1B?', Information Week, July 14, 2007.
33. ^ Cognizant Technology Solutions : Contacts. Retrieved on 2007-07-05.
[edit] See also

• SKIL Bill
• Free trade debate
• Labor shortage
• Immigration Voice
• Programmers Guild
[edit] External links for H-1B information
• U.S. Department of State information on H-1B visa
• U.S. GAO Report on H-1B Problems, PDF format
[edit] Abuse of the H-1B Program
• Pittsburgh law firm's immigration video sparks an Internet firestorm, Pittsburgh

Post-Gazette, June 22, 2007
• "Lawmakers Request Investigation Into YouTube Video" 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
• Oct. 2007 study by Georgetown University - The study raises questions about the
use of test scores by visa-worker-seeking technology companies to claim that
American citizens are not qualified.
• Reviews by employees - Experiences of H1b employees hired from India by
consulting companies.
[edit] Advocacy efforts
• Compete America A pro- H-1B coalition.

• ImmigrationNewsman A website built by immigrant journalists that covers all
aspects of H1-B visas and has a section called "H-1B World".
• www.ImmigrationVoice.org Issues facing H-1B holders during the transition to
Legal Permanent Residency
• "America's New Immigrant Entrepreneurs" - A Duke University Study
Q : What is an H-1B?
The H-1B is a nonimmigrant classification used by an alien who will be employed temporarily in a specialty
occupation or as a fashion model of distinguished merit and ability.
Q : What is a specialty occupation?

A specialty occupation requires theoretical and practical application of a body of specialized knowledge along
with at least a bachelor’s degree or its equivalent. For example, architecture, engineering, mathematics,
physical sciences, social sciences, medicine and health, education, business specialties, accounting, law,
theology, and the arts are specialty occupations.
Q : Is there an annual limit on the number of H-1B aliens?

Yes. The current law limits to 65,000 the number of aliens who may be issued a visa or otherwise provided H-
1B status in FY2004. (The numerical limitation was temporarily raised to 195,000 in FY2001, FY2002 and
FY2003.)
How does one apply?

H-1B status requires a sponsoring U.S. employer. The employer must file a labor condition application (LCA)
with the Department of Labor attesting to several items, including payment of prevailing wages for the
position, and the working conditions offered. The employer must then file the certified LCA with a Form I-129
petition plus accompanying fee of $130. (Prior to FY2004, employers were required to submit an additional
$1,000 fee to sponsor the H-1B worker, unless specifically exempt.) Based on the USCIS petition approval,
the alien may apply for the H-1B visa, admission, or a change of nonimmigrant status.
For additional information on employer’s filing needs, please visit the Department of Labor’s Foreign Labor
Certification page.
Q : How long can an alien be in H-1B status?

Under current law, an alien can be in H-1B status for a maximum period of six years at a time. After that time
an alien must remain outside the United States for one year before another H-1B petition can be approved.
Certain aliens working on Defense Department projects may remain in H-1B status for 10 years. In addition,
certain aliens may obtain an extension of H-1B status beyond the 6-year maximum period, when:
365 days or more have passed since the filing of any application for labor certification, Form ETA 750, that is
required or used by the alien to obtain status as an EB immigrant, or
365 days or more have passed since the filing of an EB immigrant petition.
Q : Who can an H-1B alien work for?

H-1B aliens may only work for the petitioning U.S. employer and only in the H-1B activities described in the
petition. The petitioning U.S. employer may place the H-1B worker on the worksite of another employer if all
applicable rules (e.g., Department of Labor rules) are followed. H-1B aliens may work for more than one U.S.
employer, but must have a Form I-129 petition approved by each employer.
Q : What if the alien's circumstances change?

As long as the alien continues to provide H-1B services for a U.S. employer, most changes will not mean that
an alien is out of status. An alien may change H-1B employers without affecting status, but the new H-1B
employer must file a new Form I-129 petition for the alien before he or she begins working for the new
employer. The merger or sale of an H-1B employer’s business will not affect the alien’s status in many
instances. However, if the change means that the alien is working in a capacity other than the specialty
occupation for which they petitioned, it is a status violation.
Q : Must an H-1B alien be working at all times?

As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work
in full or part-time employment and remain in status. An H-1B alien may also be on vacation,
sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Q : Can an H-1B alien travel outside the U.S.?

Yes. An H-1B visa allows an alien holding that status to reenter the U.S. during the validity period of the visa
and approved petition.
Q : Can an H-1B alien intend to immigrate permanently to

the U.S.?
Yes. An H-1B alien can be the beneficiary of an immigrant visa petition, apply for adjustment of status, or take
other steps toward Lawful Permanent Resident status without affecting H-1B status. This is known as "dual
intent" and has been recognized in the immigration law since passage of the Immigration Act of 1990. During
the time that the application for LPR status is pending, an alien may travel on his or her H-1B visa rather than
obtaining advance parole or requesting other advance permission from Immigration to return to the U.S.
Change of Address
Purpose of Form :
To report the change of address of an alien in the United States. If you are subject to Special
Registration, see Form AR-11 Special Registration.
Number of Pages :
1
Edition Date :
01/20/06. Previous editions accepted. NOTE: when using older versions, be sure to use addresses
below or on the current AR-11.
Where to File :
The completed form should be mailed to:
U.S Department of Homeland Security

U.S. Citizenship and Immigration Services
Change of Address
PO Box 7134
London, KY 40742-7134
Filing Fee :
$0.00
Special Instructions :
You can now file your AR-11 online!

Click "Online Change of Address" in Related Links.
Please note that, while the AR-11 is available and downloadable in languages other than English,
the form must be completed in English.
Note for Where to File:

For commercial overnight or fast freight services, only:
U.S Department of Homeland Security

Change of Address
1084-I South Laurel Road
London, KY 4074
Alien's Change of Address Card
Purpose of Form :
To report changes of address of aliens subject to Special Registration requirements. Special

Registrants must submit this form within 10 days of a change of address.
Number of Pages :
1
Edition Date :
1/20/06. Previous editions accepted.

Where to File :
The completed form should be mailed to:

Change of Address - Special Registration
PO Box 7134
London, KY 40742-7134
Filing Fee :
$0.00
While it is not required, USCIS recommends that aliens filing a Change of Address keep a copy
of the form for their records and obtain a receipt showing the date and address to which the form
was mailed.
Note on Where to File:

For commercial overnight or fast freight services, only:

Change of Address - Special Registration
1084-I South Laurel Road
London, KY 40744
• Download AR-11SR (602KB PDF)
Information Form
Purpose of Form :
This form is used to provide additional identifying information so that USCIS may act upon or reply to
a communication.
Number of Pages :
1
Edition Date :
02/28/05. No previous edition accepted. NOTE: Translations are available for reference purposes; the
form must be completed and filed in English.
Where to File :
Return the form to the office marked on the form.
Filing Fee :
$0.00
(NA)
• Download G-14 (49KB PDF)
Notice of Entry of Appearance as Attorney or Representative

Purpose of Form :
To provide notice that an attorney or representative of a religious, charitable, social service or similar
organization will appear before U.S. Citizenship and Immigration Services on behalf of a person
involved in a matter before USCIS.
Number of Pages :
2
Edition Date :

Where to File :
With the application or petition being submitted.
Filing Fee :
$0.00
This version of the G-28, Notice of Entry of Appearance as Attorney or Representative, is a

fillable form. You should install Adobe Acrobat Reader version 5.0 to make best use of the fillable
features of this form.
Biographic Information
Purpose of Form :
To provide biographic information on an alien. You file this form only as instructed on another
Immigration application or petition.
Number of Pages :
2
Edition Date :

Where to File :
As instructed in another application or petition.
Filing Fee :
$0.00
This version of the G-325, Biographic Information, is a fillable form. You should install Adobe
Acrobat Reader version 5 to make best use of the fillable features of this form. You should also
read our instructions regarding fillable forms.
Biographic Information
Purpose of Form :
To provide biographic information on an alien. You file this form only as instructed on another
Immigration application or petition.
Number of Pages :
4
Edition Date :

Where to File :
As instructed in another application or petition.
Filing Fee :
$0.00
This version of the G-325A, Biographic Information, is a fillable form. You should install the latest
version of Adobe Reader to make best use of the fillable features of this form. You should also
read our instructions regarding fillable forms.
• Download G-325A (369KB PDF)

Freedom of Information Act/Privacy Act
Request
Purpose of Form :
This form is used to request access to information under the

Freedom of Information and Privacy Acts.
Number of Pages :
5
Edition Date :

Where to File :
See the form for directions on where to send your

application.
Filing Fee :
$0.00
Do not use this form:

To determine the status of pending applications. For status
inquires, write to the USCIS office where the application was
filed or call our National Customer Service Center at 1-800-
375-5283.
For consular notification of a visa petition approval, use Form

I-824 (Application for action on an Approved Application or
Petition).
For the return of original documents, use Form G-884

(Request for Return of Original Documents).
For records of naturalization prior to September 27, 1906,

Write to the clerk of court where naturalization occurred.
For information on USCIS manifest arrivals prior to

December 1982, write to the National Archives.
To obtain proof of status (i.e., Social Security benefit,

Selective Service requirement).
Certifications: Certification of Nonexistence of a Record

involves an agency decision. The Office of Records
Management prepares this documentation. Requests for this
service should be addressed to U.S. Citizenship and
Immigration Services ATTN: Records Services Branch, 111
Massachusetts Avenue, N.W. 4th Floor, Washington, D.C.
20529.
Note on Filing Fee:

The fee charged for a FOIA/Privacy Act Request may vary.
See the instructions on the form itself for further details. You
• Home
• Contact
Inquiry About Status of I-551, Alien Registration Card

Purpose of Form :
This form is used to inquire as to the status of an I-551, Alien Registration Card, for an alien who has
adjusted status.
Number of Pages :
1
Edition Date :
10/06/99, 06/22/01 editions can be used, no other editions accepted. NOTE: Translations (Spanish,
Chinese, Russian, and Vietnamese versions) are for instructional purposes only. The form must be
completed in English.
Where to File :
Mail your form to the Service Center which approved your application. Please choose the correct
form for the appropriate Service Center. Each version has the correct address for mailing to the
proper Service Center.
Filing Fee :
$0.00
Please choose the correct form. Use the form for the Service Center which approved your
application.
• Download G-731c_eng (18KB PDF)

• Download G-731n_eng (18KB PDF)
• Download G-731t_eng (18KB PDF)
• Download G-731v_eng (18KB PDF)
•
Verification Request (Non-SAVE agencies)

Purpose of Form :
To verify the status of an alien for official purposes of a government agency which does not participate
in the SAVE program.
Number of Pages :
2
Edition Date :
04/29/08. 01/31/05 edition will be accepted only until 05/29/08.

Where to File :
Local office of U.S. Citizenship and Immigration Services
Filing Fee :
$0.00
(NA)
Document Verification Request (SAVE Agencies)

Purpose of Form :
To verify the status of an alien for official purposes of a government agency which participates in the
SAVE program.
Number of Pages :
2
Edition Date :
04/29/08. 01/31/05 edition will be accepted only until 05/29/08.

Where to File :
Local office of U.S. Citizenship and Immigration Services.
Filing Fee :
$0.00
(NA)
• Download G-845S (116KB PDF)
Return of Original Documents

Purpose of Form :
To request the return of original documents submitted to establish eligibility for an immigration benefit.
Number of Pages :
1
Edition Date :
11/07/06
Where to File :
If your case is pending, submit your Form G-884 to the USCIS district, suboffice, or service
center that is currently processing your case.
If a final decision has been issued, submit the Form G-884 to the USCIS office or service center
that took the last action on your case.
Filing Fee :
$0.00
See the related link "Where Do I File" for which Service Center has jurisdiction over your area.

•
Application for Replacement/Initial Nonimmigrant Arrival-
Departure Document
Purpose of Form :
For a nonimmigrant to apply for a new or replacement Form I-94 or I-95 Nonimmigrant Arrival-
Departure Document.
Number of Pages :
Instructions: 5; Form: 2.
Edition Date :

Where to File :
If you are currently in Connecticut, Delaware, District of Columbia, Maine, Maryland,

Massachusetts, New Jersey, New Hampshire, New York, Pennsylvania, Puerto Rico, Rhode
Island, Vermond, Virginia, West Virginia or the U.S. Virgin Islands, mail the application to:
USCIS - Vermont Service Center

75 Lower Welden Street
St. Albans, VT 05479-0001
If you are currently in Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, New Mexico,
North Carolina, Oklahoma, South Carolina, Tennessee or Texas, mail the application to:
USCIS - Texas Service Center

P.O. Box 8541182
Mesquite, TX 75185-1182
If you are currently in Arizona, California, Guam, Hawaii or Nevada, mail the application to:
USCIS - California Service Center

P.O. Box 10102
Laguna Niguel, CA 92607-0040
If you are currently anywhere else in the United States, mail the application to:
USCIS - Nebraska Service Center
P.O. Box 87102
Lincoln, NE 68501-7102
Filing Fee :
$320
Special Instructions:
Note on Filing Fees for I-102:
You do not need to pay a fee to request to correct your Form I-94, I-95 or I-20ID if the error(s) on
your document was made by USCIS, through no fault of your own.
Please consult the "Paying Fees" section of your local office or Service Center page to learn
which forms of payment are accepted. Acceptable forms of payment may vary by office. Checks
must be made payable to Department of Homeland Security or U.S. Citizenship & Immigration
Services.
Note on Where to File for I-102:

• If you are filing to replace a Form I-95, file this application at the local office having jurisdiction
over where you are temporarily located.
• If you were not issued a Form I-94 at admission to the U.S., or are filing this application with an
application for extension of stay or change of status, file this application where you are filing the
accompanying extension of stay or change of status application.
• To request to correct an inaccurate Form I-94, I-95 or I-20ID, submit your application at the local
office having jurisdiction over where you are temporarily located. Contact that office for further
instructions.
• In all other instances, file this application with the Service Center having jurisdiction over the state
where you are temporarily located.
• Download Instructions for completing Form I-102 (69KB PDF)

• Download Form I-102 (110KB PDF)
Petition for a Nonimmigrant Worker

Purpose of Form :
For employers to petition for an alien to come to the United States temporarily to perform services or
labor, or to receive training, as an H-1B, H-1C, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-1S, P-2, P-2S,
P-3, P-3S or Q-1 nonimmigrant worker. Employers may also use this form to request an extension of
stay or change of status for an alien as an E-1, E-2, R-1 or TN nonimmigrant.
Number of Pages :

Edition Date :

Where to File :
For Service Center locations and addresses, please review the linked document, "Chart: Direct
Filing Addresses for Form I-129," located in the upper right of this page.
Filing Fee :
$320.
Filing Address for all E-1 and E-2 Petitions

USCIS
California Service Center
ATTN: I-129
P.O. Box 10129
Filing Address for H-1B employers filing petitions which are cap exempt
H-1B employers filing petitions which are cap exempt are encouraged to file their petitions
exclusively at the California Service Center at one of the addresses listed below.
In this instance, "cap exempt" refers only to those petitioners who are exempt from the numerical
limitations identified in 8 CFR 214.2(h)(8)(A). "Cap exempt" petitioners include:
• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965,
20 U.S.C. 1001(a);
• Nonprofit organizations or entities related to or affiliated with institutions of higher education; and
• Nonprofit research organizations or governmental research organizations, as defined in 8 CFR

214.2(h)(19)(iii)(C).
Petitioners can indicate their cap exempt status on the I-129 form with a "yes" answer to
questions 1, 2, or 3 in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement
(page 10).
For Direct Mail:

ATTN: CAP EXEMPT H-1B Processing Unit
P.O. Box 30040
For non-United States Postal Service (USPS) deliveries (e.g. private couriers):

ATTN: CAP EXEMPT H-1B Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677
Filing Address for H-2A Petitions

Effective December 10, 2007, H-2A petitioners are required to file their H-2A petitions with
the California Service Center, using the designated addresses listed below. Until
December 10, 2007, petitioners are encouraged to submit their Form I-129 to the California
Service Center address. Each H-2A petitioner is encouraged to mark the outside of his or her
envelope with “H-2A” and to attach to the top of the petition package a separate sheet saying “H-
2A.” This will ensure quick identification of the H-2A case throughout the petition’s processing at
CSC.
For H-2A Direct Mail:

U. S. Citizenship and Immigration Services
ATTN: H-2A Processing Unit
P.O. BOX 10140
For H-2A non-U.S. Postal Service (USPS) deliveries (e.g., private couriers):
U. S. Citizenship and Immigration Services
ATTN: H-2A Processing Unit
24000 Avila Road, Room 2312
Laguna Niguel, CA 92677
Fee Information
Petitions for H-1B, H2B and L-1 workers must also include the supplemental fees and fraud
prevention fees described on the form.
Premium Processing
If you are requesting Premium Processing Services on Form I-129, Petition for Nonimmigrant
Worker, you must also file Form I-907, Request for Premium Processing Service. In that case,
send the entire Form I-907/I-129 package to the appropriate address listed in Instructions for
Completing Form I-129 (link is located at the bottom of this page). You may only request premium
processing services if the requested classification is designated as eligible for premium
processing. Note that premium processing fees are optional and additional. You can read more
information on this by opening Form I-907, located in the upper right corner of this page under
“Related Links.”
Electronic Filing:
You may be eligible to file this form electronically. Please review "Introduction to Electronic
Filing," located in the upper right corner of this page under “Related Links.”
Note: Filing Fees

A U.S. employer filing an H-1B petition must submit the $320 petition filing fee and, unless
exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement of this
form, an additional fee of either $750 or $1,500. A U.S. employer with a total of 25 or less full-
time equivalent employees in the United States (including any affiliate or subsidiary of the
employer) is only obligated to pay the $750 fee.
Petitioners filing Form I-129 to employ an H-1B1 Free Trade Nonimmigrant from Chile or
Singapore must also complete the applicable supplements to the Form I-129 petition. Specifically,
the Nonimmigrant Classification Based on Free Trade Agreement Supplement to Form I-129, and
the H-1B Data Collection and Filing Fee Exemption Supplement are required.
Unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption Supplement
of this form, the additional filing fee of either $750 or $1,500 is also required of U.S. employers
seeking to employ an H-1B1 Free Trade Nonimmigrant from Chile or Singapore in the following
situations:
• Employers seeking to employ a current H-1B1 Free Trade Nonimmigrant from Chile or
Singapore presently employed by another H-1B1 employer;
• Employers requesting an initial extension of H-1B1 status for an H-1B1 Free Trade Nonimmigrant
from Chile or Singapore that they presently employ; and
• Employers seeking to change an alien's status and employ the alien as an H-1B1 Free Trade
Nonimmigrant from Chile or Singapore in new employment.
A U.S. employer filing an H-1B petition who is required to pay the additional fee may make the
payment in the form of a single check or money order for the total amount due or as two checks
or money orders, one for the additional fee and one for the petition fee.
H-1B and L-1 petitioners who must pay the $500 Fraud Prevention and Detection Fee and H-2B
petitioners who must pay the $150 Fraud Prevention and Detection Fee must pay with a check or
money order that is separate from the additional fee and petition fee. For complete information on
these additional fees, please refer to the Form I-129 filing instructions relating to the H-1B, H-2B
and L-1 classifications.
Note: Initial Classification under certain Free Trade Agreements

If you are a national of Canada, Mexico, Singapore, Chile, or Australia, and you are applying for
initial classification under certain free trade agreements, Form I-129 is not required. More details
are available by selecting “Chart: Direct Filing Addresses...” located in the upper right corner of
this page under “Related Links”.
• Download Instructions for Completing Form I-129 (194KB PDF)

• Download I-129 (965KB PDF)
• Download I-129 Supplemental Filing Instructions for H-2A Petitions for Agricultural Workers (21KB PDF)
• Download Processing Worksheet for FY 09 H-1B Filings (39KB PDF)
Petition for Alien Relative

Purpose of Form :
For citizen or lawful permanent resident of the United States to establish the relationship to certain
alien relatives who wish to immigrate to the United States. Note: A separate form must be filed for
each eligible relative. USCIS processes Form I-130, Petition for Alien Relative, as a visa number
becomes available. Filing and approval of an I-130 is only the first step in helping a relative immigrate
to the United States. Eligible family members must wait until there is a visa number available before
they can apply for an immigrant visa or adjustment of status to a lawful permanent resident.
Number of Pages :
Edition Date :

Where to File :
All petitioners filing stand-alone Form I-130 must submit their petitions to the Chicago Lockbox
instead of a USCIS Service Center. Form I-130 petitions filed with the Chicago Lockbox will be
routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based
on the petitioner’s place of residence in the United States.
Important: Any Form I-130 filed at an incorrect location will be rejected.

Petitioners who reside in AK, AZ, CA, CO, Guam, HI, ID, IL, IN, IA, KS, MI, MN, MS, MT, NE, NV,
ND, OH, OR, SD, UT, WA, WI, or WY must file their stand-alone Form I-130s with the Lockbox
using the following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-4107
Petitioners who reside in AL, AR, CT, DL, FL, GA, KY, LA, ME, MD, MA, NH, NJ, NM, NY, NC,
OK, PA, Puerto Rico, RI, SC, TN, TX, VT, VA, U.S. Virgin Islands, WV, or District of Columbia
must file their stand-alone Form I-130 with the Lockbox using the following address:
USCIS
P.O. Box 804616
Any U.S. resident petitioner submitting a completed I-130 by courier/express delivery, should use
the following address:
USCIS Lockbox
Attn: SAI-130
131 South Dearborn – 3rd Floor
Note: Applicants who reside in the jurisdiction of the Baltimore, MD, USCIS District Office need to
file their concurrent Form I-130/Form I-485 package with the Chicago Lockbox according to the
filing instructions on Form I-485 for family-based adjustment-of-status applicants.
Filing Fee :
$355
• Download Instructions for Form I-130 (83KB PDF)

Application for Travel Document

Purpose of Form :
To apply for a travel document, reentry permit, refugee travel document or advance parole.
Number of Pages :
Edition Date :

Where to File :
Please see the Special Instructions section of the document.
Filing Fee :
$305
Please review the Chart listed in "Related Links," in the upper right corner of this page, or review
the Form I-131 Instructions which are linked at the bottom of this page, for where to file your
Form I-131.
Filing Period for Renewal of an Advance Parole Document:
If you are applying for renewal of your advance parole document (I-512L or I-512), USCIS will
accept and adjudicate Form I-131 filed up to 120 days before the date your current Advance
Parole document expires.
This page can be found at http://www.uscis.gov/i-131
• Download Instructions for completing Form I-131 (110KB PDF)

Affidavit of Support
Purpose of Form :
To show that visa applicants have sponsorship and will not become public charges while in the United
States. The sponsor must file a separate affidavit for each applicant.
Number of Pages :
4
Edition Date :
2/28/07. Versions 12/04/06, 7/14/06 and 6/17/06 are also acceptable.

Where to File :
To file this form, it needs to be sworn to or affirmed by a USCIS Officer at any USCIS Office, by a
notary public, or other official authorized to administer oaths for general purposes. If the sponsor
is outside the United States, the affidavit must be sworn to or affirmed by a USCIS Officer or
Consular Officer at any U.S. Embassy or Consulate.
Once the form is affirmed, it should be mailed to the same USCIS office where the application
was filed.
Filing Fee :
$0.00
(NA)

Immigrant Petition for Alien Worker
Purpose of Form :
To petition for an alien worker to become a permanent resident in the United States. This form is filed
on behalf of an alien, and not by the alien.
Number of Pages :
Edition Date :

Where to File :
Please review the Chart listed in "Related Links," in the upper right corner of this web page, or
the Form I-140 instructions available at the bottom of the page, for specific information on where
to file your Form I-140.
Filing Fee :
$475
You may be eligible to file this form electronically. Please see the related link "Introduction to
Electronic Filing" for more information.
• Download Instructions for Completing Form I-140 (731KB PDF)


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• Its neutrality is disputed. Tagged since March 2008.

• It may require general cleanup to meet Wikipedia's quality standards.Tagged since

The regulations define a “specialty occupation” as requiring theoretical and practical

o 23.2 Advocacy efforts

[edit] Duration of Stay

[edit] Congressional Yearly Numerical Cap

[edit] Employer Attestations to Protect U.S. Workers

The DOL's [Strategic Plan http://www.dol.gov/_sec/stratplan/strat_plan_2006-2011.pdf],

The [Federal Register http://www.dol.gov/esa/regs/fedreg/final/2006005740.pdf], dated

[edit] Taxation status of H-1B workers

[edit] H-1B employment

[edit] U.S. policy on maximum duration

• If a visa holder has submitted an I-140 immigrant petition or a labor certification

[edit] H-1B and legal immigration

[edit] H-1B-dependent employers

For firms of 50 employees, an H-1B dependent employer is defined as having more

[edit] Criticisms of the Program

[edit] Guy Santiglia v. Sun Microsystems

[edit] Criticisms by H-1B holders

[edit] Spouses cannot work

[edit] An H-1B Worker Faces Additional Obstacles at His/Her Workplace

[edit] Worker protection and law enforcement

[edit] Recent changes to U.S. law

[edit] Similar programs

Alternatives to H-1B Visa:

• Green Card for medical doctors and physicians.

[edit] Dependents of H-1B visa holders

[edit] H-1B demographics

Further information: IT Body Shops

[edit] Usage of H-1B by outsourcing firms

[edit] Top ten H-1B rankings

Top Ten Companies Receiving H-1B's[30]

3 Microsoft Redmond, Washington USA 3,117

Tata Consultancy Mumbai, Maharashtra,

Satyam Computer Hyderabad, Andhra

Patni Computer Mumbai, Maharashtra,

8 IBM Armonk, New York USA 1,130

Larsen & Toubro Mumbai, Maharashtra,

Top 10 universities and schools receiving H-1Bs[30]

school H-1Bs Received 2006

University of Michigan 437

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

University of Pittsburgh 275

Top ten U.S. technology companies receiving H-1B's[30]

Company H-1Bs Received 2006

Oracle Corporation 1022

[edit] See also

[edit] Abuse of the H-1B Program

• Pittsburgh law firm's immigration video sparks an Internet firestorm, Pittsburgh

[edit] Advocacy efforts

• Compete America A pro- H-1B coalition.

Q : What is a specialty occupation?

Q : Is there an annual limit on the number of H-1B aliens?

How does one apply?