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1 [1] (February 18, 2025)

handle is hein.crs/govesnc0001 and id is 1 raw text is: Congressional Research Service Informning the eg sative debate s ce 1914 The H-lB Visa for Specialty Occupation Workers The H-1B visa allows U.S. employers to temporarily hire foreign workers into specialty occupation positions (i.e., those requiring specialized knowledge and a college degree). The H-1B visa is a nonimmigrant (i.e., temporary) visa; however, workers who enter the United States on H- lB visas may eventually become lawful permanent residents (LPRs) through the employment-based immigration system if they meet eligibility requirements. The H-1B program epitomizes the tensions between the participation of U.S. employers in the global competition for talent and the potential adverse effects of their doing so on the U.S. workforce-issues of long-standing interest to Congress. Many observers consider H-1B and other foreign workers with college degrees a boon to U.S. global economic competitiveness and a key element of legislative options aimed at stimulating innovation and economic growth in the United States. These and other observers also have concerns over displacement of U.S. workers, program fraud and abuse, and the expansion of temporary worker programs and related backlogs for those seeking permanent status. Central to this policy debate is the challenge of facilitating the admission of foreign workers for U.S. employers with legitimate need without harming the labor market prospects, working conditions, and wages of U.S. workers and recent college graduates. Background and Overyiew The H-1B program traces its roots to the Immigration Act of 1990 (P.L. 101-649), in which Congress amended the Immigration and Nationality Act (INA) to provide for the admission of foreign nationals on H-1B visas to work temporarily in the United States if hired by a U.S. employer to perform work in a specialty occupation. The INA defines specialty occupation as an occupation that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States. The majority of H-1B workers have been hired to work in science, technology, engineering, and math (STEM) fields, with about two-thirds employed in computer-related occupations. H-1B status is valid for up to three years and renewable for another three years. Certain workers with pending applications for employment-based LPR status can further extend their H-1B status. The H-1B program is administered by the U.S. Department of Homeland Security's (DHS's) U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor's (DOL's) Employment and Training Administration (ETA). DOL's Wage and Hour Division (WHD) enforces the H-lB program's wage and workplace requirements. February 18, 2025 Admi ssion Process The process of hiring an H-1B worker involves multiple steps and multiple government agencies (see Figure 1). Figure I. Steps to Hire an H-I B Worker U.S. employer files a labor attestation with U.S. employer submits petition to Foreign worker overseas applies for visa ,from. Foreign worker seeks admission at a U.S. port of entryfrom Department of Labor In a process known as labor attestation, prospective employers of H-1B workers submit a labor condition application (LCA) to DOL's Office of Foreign Labor Certification (OFLC) stating the number of positions the employer is requesting, for what occupation and period of time they need the worker(s), and what wages they will pay. The LCA is a statement of intent rather than a documentation of actions taken. On the form, the employer must attest that (1) the firm will pay the H-1B worker the greater of the actual wages paid to similar employees or the prevailing wages for that occupation, (2) the firm will provide working conditions that do not cause the working conditions of the other employees to be adversely affected, (3) there is no applicable strike or lockout, and (4) notice of the filing of the LCA has been given to the bargaining representative or has been posted at the place of employment. There is no fee for submitting an LCA. Department of Homeland Secur ty If DOL approves the LCA, prospective employers submit a petition to USCIS for a specific H-1B worker. The petition must include an LCA certified by DOL, evidence of the prospective employee's qualifications (typically, at least a bachelor's degree), and evidence that the position normally requires at least a bachelor's degree. USCIS may approve the petition for a period of up to three years. If the prospective employee is present in the United States, the petition will include a request to change the employee's status to H-1B or to extend the employee's existing H-1B status. USCIS charges employers between $960 and $7,380 to file an initial H-1B petition depending on the size of the firm, its nonprofit status, and the number of H-1B workers it employs. Department of State If the prospective employee is outside the United States, he or she must apply for an H-1B visa at a U.S. consulate. A DOS consular officer determines whether the prospective employee is admissible (including whether they meet any of the grounds ofinadmissibility) and eligible for the visa.