H-1B Visa Program: Key Insights and Recent Trends

Context
In the fiscal year 2023, Indian nationals made up 72.3% of total H-1B approvals, with Chinese nationals in second place at 11.7%.

H-1B Visa Program Overview
The H-1B visa program permits U.S. employers to temporarily hire non-immigrant workers for specialized roles that demand advanced expertise, typically requiring at least a bachelor’s degree.

Annual Cap and Lottery System
Each year, the H-1B visas are capped and distributed through a lottery system overseen by U.S. Citizenship and Immigration Services (USCIS).

Exemptions from the Cap
Certain H-1B applicants—such as those employed in universities, non-profit organizations, or government research entities—are not subject to the annual visa limit.

Validity and Extension Options
The H-1B visa is initially issued for a three-year term, with an option for a single extension of up to an additional three years, bringing the maximum tenure to six years.

Lifetime Limit
There is no restriction on the cumulative number of H-1B visas an individual may obtain, provided that each visa follows the standard application and approval protocols.

Job Changes
H-1B visa holders can switch employers but must reapply for a new visa with the new employer. If a transfer application is rejected, the worker could fall “out of status” and might face a re-entry ban of three to ten years unless rehired by the previous employer.

Pathway to Permanent Residency
H-1B visa holders are eligible to apply for a Green Card (Lawful Permanent Residency) for themselves and eligible family members, offering a route to long-term residency in the U.S.