H-1B Visa Glossary
Plain-language definitions of H-1B visa, work authorization, and employment-based immigration terms. 26 terms and counting.
Visa Types
H-1B CapThe annual limit of 65,000 new H-1B visas for private-sector employers, plus 20,000 additional visas for applicants with U.S. advanced degrees.H-1B LotteryThe random selection process used when H-1B registrations exceed the annual cap of 85,000, determining which petitions USCIS will accept for processing.H-1B VisaA nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.H-4 Visa (Dependent Visa)A visa for the spouse and unmarried children (under 21) of H-1B visa holders, certain H-4 spouses can obtain work authorization through an Employment Authorization Document (EAD).L-1 Visa (Intracompany Transferee)A nonimmigrant visa for employees transferring from a foreign office to a U.S. office of the same company, no cap, no lottery, but requires one year of employment abroad.Specialty OccupationA job that requires the theoretical and practical application of a body of highly specialized knowledge and at least a bachelor's degree in a specific field, the threshold for H-1B eligibility.
Application Process
Green Card (Permanent Residency)Lawful permanent resident status in the United States, the ultimate goal for most H-1B workers, granting the right to live and work permanently without employer sponsorship.H-1B ExtensionRenewal of H-1B status beyond the initial 3-year period, typically to a maximum of 6 years, with possible extensions beyond 6 years if a green card application is pending.H-1B Transfer (Portability)The ability for an H-1B worker to change employers without going through the lottery again, the new employer files a new H-1B petition, and the worker can start working as soon as it's filed.Labor Condition Application (LCA)A DOL-certified form that employers must file before hiring an H-1B worker, attesting they will pay at least the prevailing wage and not adversely affect working conditions for U.S. workers.PERM Labor CertificationThe first step in the employment-based green card process, the employer must prove to the Department of Labor that no qualified U.S. worker is available for the position.Premium ProcessingAn optional expedited service where USCIS guarantees to process an H-1B petition within 15 business days, in exchange for an additional $2,805 fee.Request for Evidence (RFE)A notice from USCIS asking for additional documentation to support an H-1B petition, common for cases where specialty occupation, qualifications, or wage level are questioned.
Wages & Compensation
Actual WageThe wage the employer pays to other employees with similar experience and qualifications for the same job in the same location, H-1B employers must pay the higher of the actual or prevailing wage.Prevailing WageThe average wage paid to workers in a similar occupation in the same geographic area, employers must pay H-1B workers at least this amount to prevent undercutting U.S. wages.Wage Level (I-IV)DOL's four-tier system classifying H-1B positions by experience level, Level I (entry) to Level IV (expert), which determines the minimum prevailing wage the employer must pay.
Employer Requirements
Cap-Exempt EmployerAn employer not subject to the annual H-1B cap of 85,000, including universities, nonprofit research organizations, and government research institutions.H-1B Dependent EmployerAn employer whose H-1B workers make up 15% or more of its total workforce, subject to additional requirements including offering positions to equally qualified U.S. workers first.Sponsorship ScoreH1BVisaTracker's proprietary A-F grade for H-1B employers, based on approval rate (40%), wage vs. prevailing wage (30%), volume consistency (20%), and denial rate (10%).
Agencies & Regulation
Department of Labor (DOL)The federal agency that certifies LCAs and determines prevailing wages for H-1B positions, ensuring foreign workers are paid fairly and U.S. workers aren't disadvantaged.Employment Authorization Document (EAD)A work permit issued by USCIS that allows certain immigrants, including H-4 spouses, pending green card applicants, and OPT students, to work in the United States.Optional Practical Training (OPT)A work authorization for F-1 international students allowing up to 12 months of employment after graduation, extended to 36 months for STEM degree holders.USCIS (U.S. Citizenship and Immigration Services)The federal agency that adjudicates H-1B petitions, green card applications, and other immigration benefits, the gatekeeper for employment-based immigration.
Alternatives & Pathways
EB Visa Categories (Employment-Based Green Cards)The five preference categories for employment-based permanent residency, from EB-1 (extraordinary ability) to EB-5 (investor visas), each with different requirements and wait times.O-1 Visa (Extraordinary Ability)A nonimmigrant visa for individuals with extraordinary ability in sciences, arts, education, business, or athletics, no cap, no lottery, but requires evidence of exceptional achievement.TN Visa (USMCA/NAFTA Professional)A nonimmigrant work visa for Canadian and Mexican professionals in specific occupations, no cap, no lottery, and Canadian citizens can apply at the border.