10 key things you need to know about H1-B visa

New Delhi: The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the U.S.

1. The current H1-B visa rules has set a limit of 65,000 the number of foreign nationals who may be issued a visa or otherwise provided H-1B status each fiscal year. 

2. A whopping 70 percent of H1-B visas in 2014 were allotted to Indians The US gives 65,000 H-1B visas each year and an additional 20,000 more for foreign students in US.

3. Laws exempt up to 20,000 foreign nationals holding a master's or higher degree from U.S. universities from the cap on H-1B visas.

4. As per Industry estimates, there are around 3-3.5 lakh Indian tech workers on H-1B visas in US.

5. Each year, generally on April 1, the H-1B season commences for the following federal fiscal year; employment authorizations are granted on October 1.

6. In 2016, till August, Indian workers had got 72 per cent of total H-1B visas issued worldwide and 30 percent of all L1 visas. An L-1 visa is a visa document used to enter the United States for the purpose of work in L-1 status. It is a non-immigrant visa, and is valid for a relatively short amount of time, up to five years for Indians.

 7. The big advantages of L1 is that there there is no cap on the number to be issued every year.

8. As per the expected executive order of US President Donald Trump, companies would need to prioritise Americans in hiring and in case of hiring a foreigner, priority would be given to the most highly paid.

The Bill regarding the reforms in H1-B visa rules have been presented in the US Congress. If the order is passed it will change the way US tech giants like Microsoft, Amazon and Apple hire talent.

9. A bill in the US House of Representatives calls for the minimum salary for an H-1B visa to be doubled, to around $130,000 per annum from the present $60,000.

10. The salary budget of Indian tech majors like Infosys and Wipro, who depend on Indians hired in the US at lower salaries is also likely to be affected.