The H-1B Visa program was established to allow U.S. employers to employ foreign-born professionals in the U.S. on a temporary basis. In order to qualify for an H-1B visa, the proposed position with the U.S. employer must qualify as a specialty occupation. For purposes of the H-1B program, the term "specialty occupation'' means an occupation that requires theoretical and practical application of a body of highly specialized knowledge and attainment of a bachelor's or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

This category is currently limited by statute to no more than 115,000 new admissions each year. This does not include extensions or amendments of existing H-1B Visas.

The initial H-1B Visa may be approved for up to three years and extensions are permitted up to a maximum of six years. The H-1B Visa is employer-specific, meaning that the holder (a/k/a beneficiary) can only work for the sponsoring employer.

. When sponsoring a new hire for an H-1B Visa, employment cannot begin until the H-1B Visa has been approved. However, if the beneficiary is in possession of a valid Employment Authorization Document in connection with his or her F-1 practical training, then he/she may work (or if already employed, may continue to work) during the processing period, provided that his or her work authorization has not expired.

If the new hire has an H-1B Visa for another firm and is waiting to have his/her H-1B "transferred" to a new employer, employment CANNOT be initiated by the new employer until its H-1B petition is approved and the INS has issued a new I-94 card.

The time that it takes to obtain an H-1B Visa can vary greatly. It generally takes between 4 to 12 weeks for the INS to make a decision on an application, although it may take longer.