Explained: What Is an H-1B Visa and Who Uses It?

The H-1B visa has long been a central piece of the U.S. immigration system, offering a legal pathway for highly skilled foreign professionals to work temporarily in the United States. But in recent years, it has become a point of contention in the debate over immigration. Here is all you need to know:

What Is an H-1B Visa?

Created under the 1990 Immigration Act, the H-1B visa is a non-immigrant visa that allows U.S. employers to hire foreign workers in speciality occupations. These jobs typically require a bachelor’s degree or higher, and fields commonly include technology, engineering, finance, healthcare and academia.

While the visa provides temporary residence in the U.S., many H-1B holders eventually transition to permanent residency through employer sponsorship.

Who Uses It?

The H-1B program is most commonly used by the tech industry. According to the Pew Research Center, over 60% of H-1B visas issued annually since 2012 have gone to computer-related jobs. But it’s not just Silicon Valley. Universities, hospitals, financial firms, and other employers facing workforce shortages also rely on the program. Employers like these apply to bring in foreign professionals when qualified American candidates are not readily available.

Each fiscal year, the U.S. government caps the number of new H-1B visas at 65,000, with an additional 20,000 slots reserved for applicants with a master’s degree or higher from U.S. institutions, according to a report published in The Associated Press. Some employers, such as nonprofits and academic institutions, are exempt from this cap.

India is the leading source of H-1B workers, with the majority of approvals each year going to Indian nationals, according to Pew.

Why Is the H-1B Visa Controversial?

Supporters say the program is vital for filling hard-to-staff roles and keeping the U.S. globally competitive in science and technology. Critics, however, have argued that the program is open to abuse, with some contending that companies use H-1B visas to hire cheaper foreign labour, thereby undercutting American workers.

Earlier this year, Senator Bernie Sanders called the program’s real purpose “to replace American workers with lower-paid workers from abroad who often live as indentured servants.”

Within the Republican Party too, the visa debate has exposed sharp divisions. On one side are pro-business conservatives and tech leaders who view the visa as a tool for growth. On the other side are “America First” hardliners aligned with President Donald Trump, who see it as harmful to domestic workers.

What’s Happening Now?

While the Trump administration has focused much of its immigration agenda on mass deportations and revoking protections for undocumented immigrants, there has been increased scrutiny of employment-based and student visas too.

The administration has moved to revoke the legal status of over 1,000 international students in recent weeks, according to the Associated Press, and some experts fear similar actions could soon affect H-1B visa holders.

“There’s just so much unknown,”  Kevin Miner, a partner at global immigration law firm Fragomen, told the AP.