Spring Rush For Fiscal Year 2009 H-1B Is Approaching

What Is An H-1B?

The H-1B nonimmigrant visa category, which is by far the most sought-after work visa category, allows U.S. employers to hire foreign workers for "specialized" positions. To qualify for an H-1B, an H-1B worker must have a relevant bachelor's degree or equivalent, and his/her H-1B position must be a professional one requiring a bachelor's or higher degree.

The "Cap" Issue:

Congress has set the number of available H-1B's at 65,000 per fiscal year (1,400 visas for nationals of Chile and 5,400 for nationals of Singapore are initially set aside). As of May, 2005, an additional 20,000 H-1B visa numbers per year have been created specifically for foreign workers with a US master's or higher degree. This numerical limitation is commonly called a "cap." Certain H-1B employers are exempt from this annual cap, however. Those are colleges/universities, affiliated nonprofit entities,