The H-1B visa program remains a vital pathway for foreign professionals seeking employment in the United States. This visa allows skilled workers to live and work in the U.S. for up to six years, provided they have a job offer from a U.S. employer who sponsors their application. To qualify, applicants must possess at least a bachelor's degree or its equivalent in a relevant field. The application process for the H-1B visa requires a Labor Condition Application (LCA) to be filed by the employer, ensuring that the employment conditions meet U.S. labor standards [c37dfa91].
Additionally, family members of H-1B visa holders can apply for the H-4 visa, which allows them to join their relatives in the U.S. However, it is important to note that the H-4 visa does not automatically grant work authorization. H-4 visa holders must apply for an Employment Authorization Document (EAD) if they wish to work in the U.S. The application process for H-4 visas requires submission of marriage and birth certificates, along with a fee of $185 [c37dfa91].
The H-1B visa program is subject to an annual cap, and the registration for the H-1B lottery typically begins in March each year. Processing times can vary, but premium processing is available for those who need expedited handling of their applications [c37dfa91].
In a significant development, Project 2025 proposes to eliminate the designated country list for H-2 visas, which could jeopardize the issuance of approximately 600,000 H-2A and H-2B visas annually. H-2A visas are primarily for agricultural workers, while H-2B visas cater to non-agricultural labor. This change poses a risk of severe labor shortages and supply chain disruptions across the U.S., particularly in the agricultural sector, which has already been grappling with labor shortages—53% of farmers reported difficulties during the COVID-19 pandemic [ee05357f].
The H-2 visa issuances have tripled over the past decade, with H-2B visas doubling. In FY 2023, 310,676 H-2A and 131,704 H-2B visas were issued. If only 10% of applications meet the new 'national interest' threshold proposed by Project 2025, over 610,000 foreign workers could be excluded from the labor market in FY 2026, exacerbating existing labor shortages and potentially increasing consumer prices [ee05357f].
This visa program complements the recent introduction of the International Entrepreneur Rule (IER) by the Biden administration, which aims to attract foreign entrepreneurs to the U.S. The IER allows eligible entrepreneurs to establish startups in the U.S. and obtain temporary parole status for up to five years, provided they meet certain criteria [bdcbc5ad]. The combination of the H-1B, H-2, and IER programs reflects a broader strategy to enhance the U.S. economy by attracting skilled labor and innovative talent from around the world.
As the immigration landscape continues to evolve, the H-1B and H-2 visa programs remain critical options for foreign nationals and their families looking to contribute to the U.S. workforce and economy [b6bafe75].