Background and Basics
The H-1B is a non-immigrant visa that allows United States employers to petition on behalf of a foreign national employee to work in a “specialty occupation” on a temporary basis. While the configuration of the visa program has changed over the years, the current H-1B program has been in effect since the Immigration Act of 1990. Qualifications for specialty occupations will be discussed in more detail, but are generally comprised of highly educated workers like scientists, economists, engineers, and doctors. In fact, almost two-thirds of H-1B visa applicants work in the STEM fields (science, technology, engineering, mathematics). These visas do not include workers who may qualify for an O visa (those with extraordinary ability) or P visa (entertainers and athletes). However, fashion models with “distinguished merit and ability,” as measured by prominence in the field, may qualify for H-1B visas.
The goal of the H-1B visa program is to enhance the U.S. economy by bringing skilled foreign workers to fill employments gaps in fields or geographical areas where American workers are lacking. Program guidelines stipulate that hiring the foreign worker must “not adversely affect the wages and working conditions of similarly employed U.S. workers” This is one of several provisions of the program designed to protect American workers.