H1B visas are limited.  Only 65,000 new H1B visas are available each year.  The H1B visa duration is limited to 3 years but can be renewed once for a total of 6 years.  New restrictions and enhanced fees are now charged for H1B employers who rely on H1Bs for a substantial portion of their work force.

Foreign professional workers seeking to come to the US for a temporary employment opportunity in a specialty occupation can seek to obtain an H1B visa.  H1B’s are only issued to professionals possessing a US bachelor’s degree or its foreign equivalent.  A H1B visa applicant must also have a US employer who will sponsor or petition the worker for a US job that requires a bachelor’s degree to perform. 

Employers must  file a labor condition attestation (LCA) confirming that the employer agrees to pay the higher of the actual or prevailing wage for the position; that  the employer agrees to pay the H-1B worker the required wage for non-productive time due to a decision by the employer, or due to the H-1B workers lack of a permit or license; that the employment of the H-1B workers will not adversely affect the working conditions of other workers similarly employed and the H-1B worker will be afforded working conditions on the same basis, and in accordance with the same criteria, as is offered to similarly employed US workers;

The LCA must also state that the H-1B worker will be offered benefits and eligibility for benefits on the same basis, and in accordance with the same criteria, as offered US workers; That there is no strike, lock out of work stoppage in the occupational classification at the time of the filing of the LCA. If such a strike, lock out or work stoppage occurs after the application is submitted, the employer will n notify the proper agency within three days to enable them to notify the Department of Labor as required by law; 

The H1B employer must also provide notice to a union bargaining representative of the employer’s intent to hire an H-1B worker has been provided; or, if there is no bargaining representative of the position,  Notice of our intent to hire an H-1B worker has been provided to other workers at the place of employment by posting of the LCA in a prominent place;   Finally the employer must provide a copy of the LCA to the H-1B worker prior to the date of employment.