The H-1B visa is a nonimmigrant visa that allows U.S. companies to temporarily employ foreign workers in specialized occupations. A specialized occupation is one that requires the application of specialized knowledge and at least a bachelor’s degree or its equivalent. The fees an employer must pay include a training and processing fee of $750 if the employer has 25 or fewer employees. The training and processing fee is $1,500 for employers with more than 25 employees. In addition, all employers must pay an additional fee of $500 for the anti-fraud surcharge.The number of H-1B visas issued each year is subject to an annual cap. H-1B visas are limited to 65,000 for a fiscal year; an additional 20,000 are available for individuals who have earned a master's degree or higher from a higher education institution in the United States. H-1B1 visas are limited to 1,400 nationals of Chile and 5,400 nationals of Singapore; E-3 visas are limited to 10,500 nationals of Australia.Workers with H-1B, H-1B1, and E-3 visas have certain rights through their visa. The employer is required to provide the worker with a copy of the LCA (Labor Condition Application). The employer must pay the worker at least the same wage paid to other employees with similar experience and qualifications, or the prevailing wage for the occupation at the place of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits under the same conditions as its other employees. Additionally, the employer cannot require the worker to pay a penalty for leaving employment before an agreed-upon date.All employers hiring an H-1B nonimmigrant worker must comply with the following:
Maintain a Labor Condition Application (LCA) (Form ETA 9035 and/or ETA 9035E) with true and accurate information for each permanent place of employment.
Pay the H-1B worker the applicable “required wage rate” for each permanent work location.
Offer the H-1B worker the same working conditions and additional benefits offered to similarly employed US workers.
Do not employ an H-1B worker where there is a strike or lockout in progress in the worker's occupation.
Inform workers or their union representative of the intent to employ an H-1B worker at any location where there are other workers in the same occupational classification for which an H-1B worker is sought or placed.
Provide a copy of the LCA to each H-1B worker.
Do not allow or require the H-1B worker to pay the filing fee for the United States Department of Homeland Security (USCIS) petition (formerly the Immigration and Naturalization Service).
Do not require the H-1B worker to pay any early termination penalty.
Do not retaliate against or discriminate against any worker who (a) discloses information that (the worker believes) shows a violation of this program or (b) cooperates with any process related to the employer's compliance with this program.
Provide the H-1B worker with payment for all work-related expenses.
Notify USCIS of any change in the H-1B nonimmigrant's employment status (for example, whenever the Department of Labor requires a new LCA or when employment is terminated, for any reason).
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