The H1-B visa (Professional in a Specialty Occupation) allows a U.S. employer to fill a position requiring the minimum of a baccalaureate in the particular field with a qualified foreign worker. He or she must possess a U.S. bachelor’s degree or an accredited foreign equivalent.
The H1-B visa is for foreign workers who will hold specialty occupations. A specialty occupation is one which “requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation AND which requires the attainment of a bachelor’s degree or higher in a specific specialty as a minimum for entry into the occupation in the United States.” The employer must demonstrate a need for someone in a specialty occupation as the minimum capacity to perform his or her job duties.
As of this writing, Congress has set a limit of 65,000 for H-1B most workers. Those who work for universities, government and non-profit research organizations are not subject to the H-1B cap. Additionally, the first 20,000 H-1B workers who have a U.S. master’s degree or higher are exempt from the cap.