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Myths and Facts about H-1B Visas

Myth: The H-1B program gluts the market with hundreds of thousands of new foreign workers.

Fact: The number of H-1B visas is limited to an annual statutory cap of 65,000 visas. An additional 20,000 visas are made available to foreign professionals who graduate with a Master’s or Doctorate from a U.S. institution of higher learning.

Myth: The H-1B program has widespread abuse and fraud.

Fact: This program has numerous checks and balances designed to prevent abuse of the program. Employers must:

  • ensure that hiring a foreign worker will not harm U.S. workers;

  • attest and certify, that employment of the H-1B worker will not adversely affect the wages and working conditions of similarly employed U.S. workers; and

  • provide existing workers with notice of their intention to hire an H-1B worker.

  • The H-1B workers’ wages are determined by the U.S. Department of Labor.

Myth: The H-1B program harms the U.S. economy and the U.S. workforce.

Fact: The H-1B visa program allow U.S. employers to temporarily hire skilled and talented foreign-born workers to work in high-tech U.S. industry instead of emergent foreign industries. This helps our economy by fostering innovation, entrepreneurship and business development and engenders more jobs for U.S. workers.

Myth: employers can bring in low-skilled workers on an indefinite basis under the H-1B Visa.

Fact: Top requirement for an H-1B visa is that the job be in a specialty occupation which requires highly educated foreign professional with at least a bachelor’s degree or equivalent. The H-1B visa is a temporary nonimmigrant classification.

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