{"id":33415,"date":"2008-03-26T16:35:41","date_gmt":"2008-03-26T21:35:41","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-legal\/uncategorized\/new-law-expands-h-1b-professional-worker-visa-program.html"},"modified":"2008-03-26T16:35:41","modified_gmt":"2008-03-26T21:35:41","slug":"new-law-expands-h-1b-professional-worker-visa-program","status":"publish","type":"corporate","link":"https:\/\/corporate.findlaw.com\/human-resources\/new-law-expands-h-1b-professional-worker-visa-program.html","title":{"rendered":"New Law Expands H-1B Professional Worker Visa Program"},"content":{"rendered":"
\n
\n

This article was edited and reviewed by FindLaw Attorney Writers<\/a><\/em><\/p>\n\n | Last reviewed\n

\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n\n

On October 21, 1998, President Clinton signed legislation substantially increasing the number of H-1B visas available for foreign professional workers. The new law is designed to temporarily alleviate a problem that occurred in early May 1998, when the Immigration and Naturalization Service reached the quota of 65,000 H-1B visas established by law and could not approve new H-1B visas until October 1, 1998. The new law also includes strict new rules for hiring H-1B workers and significant penalties for employers that fail to comply.<\/p>

The H-1B visa is a nonimmigrant visa, intended for temporary employees working in specialty occupations involving the application of highly specialized knowledge. Generally, to be considered a specialty occupation, the position must involve complex job duties for which the employer requires a bachelor's degree. Certain professional occupations — such as engineering, law, medicine, accounting, and teaching – automatically qualify as specialty occupations.<\/p>

According to government statistics, approximately 41% of H-1B workers are hired in the fast-growing high-technology industry, primarily as systems analysts and software application developers. Approximately 29% are hired for positions in the health care industry, and approximately 3% are hired for college and university faculty positions.<\/p>

The new law raises the H-1B cap to 115,000 in fiscal years 1999 and 2000, 107,500 in fiscal year 2001, and back to 65,000 thereafter. (The INS fiscal year begins on October 1 and ends on September 30.) Nevertheless, it is expected that the new fiscal year 1999 quota may be reached before September 30,1999.<\/p>

A number of new rules come with the increase in visa availability. For example:<\/p>