The H1-B visa allows U.S. employers to temporarily employ foreign workers in "specialty occupations". Once the petition has been approved, the worker can be employed only by the petitioning company. If the employee is laid off or dismissed, the employer must notify the Service and the employee must leave the U.S. The employee may change employers ("PORT") if another petition is filed.

A "Specialty Occupation" by definition is one that requires theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's degree in the specific specialty (or its equivalent). This is the minimum for entry into a given occupation in the U.S.

The H1-B is good for a total of six years with extensions If a labor certification application is filed before the end of the 5^th year, the visa may be extended indefinitely until the process is complete. If your H1-B visa expires and you promptly depart, the whole process may be started over again after a year.

The congressionally imposed cap of 65,000 visas has been very vexing. Indeed, in 2007 and 2008, the quota was exhausted within a few hours after it was opened. There is also a quota of 20,000 for holders of advanced degrees. This quota was also quickly exhausted. Visa renewals do not count against the yearly quota. Parts of the annual quota are reserved for citizens of Singapore and Chile.

If the applicant qualifies, the first step is to file a LCA (Labor Condition Application) and receive a "prevailing wage" determination from the Department of Labor. The applicant must not be paid less than the prevailing wage. Currently it takes about a week to get a LCA approved. It must also be determined that the prospective employer is able to pay the prevailing wage, and that the proferred position qualifies as a "specialty occupation". The applicant is qualified by holding the appropriate degree. See Labor Certification.

There is also the E3 visa limited to Australians which is very similar to the H1-B, but may be renewed indefinably.