Immigration and Naturalization Service search tool

 

 

 

The H-1B is a non-immigrant visa category in the United States under the Immigration & Nationality Act, section 101(a)(15)(H). It allows U.S. employers to employ foreign guest workers employed in specialty occupations and as fashion models. 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.

The duration of stay for an H-1B visa 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. Frequently, holders of H-1B visas apply for US Citizenship, and often get it before the second 3 year term of their visa expires. If they wish to become naturalized citizens, they should apply right away!

H-1B workers are legally required to pay the same taxes as any other U.S. resident, including Social Security and Medicare. Almost any person who spends more than 183 days in the U.S. in a calendar year is a tax resident and is required to pay U.S. taxes on their worldwide income. (The exceptions to this rule are very few in number; they include the case of students on F-1, foreign diplomats, G-4 visa holders working for international organizations, and people who would like to leave the U.S. but are prevented from doing so by a medical problem.) From the IRS perspective, it doesn't matter if that income is paid in the U.S. or elsewhere. If an H-1B worker is given a living allowance, it is treated the same by the IRS as any other U.S. resident. However since an H-1B visa is only valid for 6 years and Social Security benefit eligibility typically requires 10 years of work, most H-1B visa holders will not be able to make use of the Social Security benefits that they are contributing to.

School	H-1Bs in 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

 

Click here to see more types of US Visas