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What are H-1Bs? |
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Temporary: H-1Bs are temporary foreign professionals hired by a U.S. employer.
Highly skilled: H-1Bs can be hired only for "specialty occupations," those jobs
requiring the equivalent of at least a bachelor's degree in the field
Professionals: H-1Bs must be professionals such as doctors, engineers, professors,
accountants, lawyers, physical therapists, and computer professionals.
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How Many
Enter and Where Do They Come From?
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Under current law, no more than 65,000 H-1B visas can be issued per fiscal year.
Fiscal Year starts on October 1st , and ends September 30th of the following year.
Even with these numbers,H-1B temporary professionals comprise less than one-tenth
of one percent of the U.S. workforce of more than 127 million people. The top 5
source countries for H-1B's currently are India, China, Canada, the United Kingdom,
and the Philippines.
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Why Do Employers
Hire H-1Bs?
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Needed skills and Temporary Shortages: Employers hire H-1B professionals to obtain
essential technical skills or knowledge that is relatively unique and not readily
found in the U.S. or to fulfill temporary shortages of needed skills
Global market expertise: Employers often need H-1B professionals to bring special
expertise in overseas needs, markets or trends that enables U.S. businesses to compete
globally.
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What Must
Employers Do?
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Protect wages: Employers must pay a wage to every H-1B worker that is at least as
much as what is typically paid in the region for that type of work ("prevailing
wage"), or what the employer pays existing employees with similar experience and
duties.
Protect working conditions: Employers cannot use H-1B professionals to break a strike,
and must notify their U.S. workforce when they hire an H-1B professional. Employers
cannot make the H-1B nonimmigrants work under conditions different from their U.S.
counterparts, including hours, shifts and benefits.
Recruit in the U.S. and Not Displace U.S. workers: Employers who use a lot of H-1Bs
must first try to find U.S. workers before they can hire an H-1B. They also must
attest that they are not hiring the H-1B if they have laid off or displaced a similarly
situated U.S. worker. Employers must attest to the above protections by affirmatively
filing with the Department of Labor (DOL) and by maintaining a file available for
public access.
Be subject to penalties: Failure to comply with DOL regulations can result in an
investigation, civil and administrative penalties, payment of back wages, and even
debarment from participating in key immigration programs.
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Note: |
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If the employer terminates the services of the employee prior to the expiration
of the H-1B visa, the employer is responsible for paying the employee's return transportation
to his or her last foreign address.
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