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Basic Information

The H-1B nonimmigrant category is set aside for foreign workers in “specialty occupations” and fashion models of “distinguished merit and ability.” The workers in this category may be filling permanent positions in the United States, as long as they depart the United States at the end of their approved times of stay, including any expansions of stay. H-1B workers do not need to maintain a foreign residence during their time of stay in the United States, a prerequisite imposed on numerous other nonimmigrant classes. Moreover, H-1B workers may seek permanent residence simultaneously with petitioning for holding H-1B status. The H-1B classification has developed over time. To comprehend the prerequisites and definitions that are currently applicable, it is critical to revisit the historical backdrop of nonimmigrant work in the United States and the inclination for high-gifted laborers that formed into the present H-1B classification.