Hyderabad,January'05:The Omnibus Spending Bill increasing the H1-B visa limit for Indian nationals from 65,000 to 85,000 comes as good news to the IT industry in the US because the 65,000-visa cap had been reached on the 1st day of the fiscal year itself (Oct 1, 2004), leading to the US Citizenship & Immigration Service announcing it won't accept any more petitions for this fiscal year's (Oct 1, 2004-Sep 30, 2005) allocation.

The H-1B visa, which is heavily used by high-tech employers, allows skilled foreign workers to get jobs in the U.S. for up to six years.

The number of H-1B visas was set at 195,000 for fiscal years 2001, 2002 and 2003 before dropping to 65,000 in fiscal 2004.

What is an H1B visa?
The H1B visa program is the primary method for bringing in professional level foreign employees to the USA. The H1B visa enables US employers to hire foreign professionals for a specified period of time. The H1B program allows workers in specialty occupations to work in the US for up to a total of six (6) years. One of the things that makes this visa so desirable is that, unlike many other nonimmigrant visa categories, it is a "dual intent" visa. This means that a visa will not be denied simply because a person has intentions to become a permanent resident. The assumption is that if for some reason the permanent residency petition is denied, the person would still have the intention to return home.

Another advantage to the H1B visa category is that the employer does not need to demonstrate that there is a shortage of qualified US workers and, consequently, a labor certification process can be avoided. Aside from documenting that the position offered is in a specialty occupation and that the employee has the appropriate credentials for the job, the employer need only verify that the H1B visa worker is being paid the prevailing wage for the work being performed and that employment of a foreign worker is not harming conditions for US workers.

H1B Visa Qualifying occupation categories are jobs in the fields of computer science, health care, university teaching, engineering, law, accounting, financial analysis, management consulting, architecture and scientific research positions.

The length of time that a worker can have an H1B visa is usually an initial period of up to three years. The initial H1B visa can then be extended one time for up to a combined total of six years.
Other regulatory provisions permit;
(1) the employer to request a period of less than three years,
(2) the employee to be employed on a part-time basis
(3) the employee to work for more than one US Employer simultaneously.
The worker's family may also be permitted to live in the US during the period that the H1B visa is in effect, but cannot be a paid employee while on an H4 visa.

During the term of the H1B visa the employee can also apply for permanent residency. This is called "Dual Intent", and is a privilege some other U.S. visas do not enjoy.

The Number of H1B visas issued - the H1B Cap
The number of H1B visas issued each year is subject to a cap that is determined by US Congress. The cap for fiscal year 2004 is currently set at 65,000. The H1B applications that are approved for each fiscal year receive an employment start date of October 1 (the first day of the fiscal year).