This article originally appeared in The Dispatch on January 7, 2025.
Amid recent infighting on the social media site X between MAGA Republicans and Silicon Valley tech leaders like Elon Musk and Vivek Ramaswamy over immigration, attention quickly centered on a visa program used by highly skilled workers. Musk and his allies defended the H-1B visas that have been the backbone of their industry while the likes of Laura Loomer, a Trump-allied political activist, argued that the visas were contrary to “America First” policies.
But what are H-1B visas anyway?
The specialty occupation visa.
The H-1B visa is a temporary visa that a U.S. employer may request to fill a specialty occupation with a foreign worker. To qualify as a specialty occupation, a position must usually require a bachelor’s degree or higher in a specific field. Common H-1B occupations include software engineers, data scientists, and architects, among others.
H-1B visas are typically issued for three years initially, but they can be extended for up to three additional years. However, if the employee has applied for permanent residency via an employment-based green card but is awaiting green card availability due to nationality restrictions, H-1B status can be extended beyond the usual six-year limit.
Every year 85,000 initial H-1B visas are up for grabs, including 20,000 visas reserved for individuals who have earned a master’s degree or higher from a U.S. institution. Because of the limited availability of H-1B visas, recipients are chosen by lottery after being registered by the employer. Lottery registrations regularly exceed annual visa allocations, so registrants are chosen at random to submit a full petition for adjudication.