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Timeline of H-1B

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| 1952 || June 27 || Legislation || {{w|Immigration and Nationality Act of 1952}} || {{w|82nd United States Congress}}, President {{w|Harry S. Truman}} (vetoed but overridden) || || || || || Creates the H-1 and H-2 visa categories for skilled and unskilled workers; the H-1 would give rise to the modern H-1B visa.
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| 1982 1970 || April 7 || INS/USCIS guidance Legislation || In response to ''Matter of Srinivasan'' Public Law 91-225 || {{w|91st United States Congress}}, President {{Richard Nixon}} | N/A || N/A || N/A || N/A || An internal memo of the {{w|Immigration and Naturalization Services}} (INS, A new H-4 category is introduced for the precursor to {{w|United States Citizenship spouses and Immigration Services}}) provides guidance regarding issuance minor children of [[w:B visa in lieu of other visas|BH-1 in lieu workers, recognizing the use of the H-1]]visa for more long-term employment.<ref name=globalworkerscato-h-4>{{cite web|url = httphttps://globalworkerswww.cato.org/diggingblog/facts-deeperabout-historyh-b4-1visas-lieuspouses-h-11b-workers|title = Digging Deeperhttps: History of B//www.cato.org/blog/facts-about-h-4-visas-spouses-h-1b-workers|title = The Facts About H-1 in lieu 4 Visas for Spouses of H-11B Workers|last = Bier|first = David|publisher date = globalworkers.orgJune 16, 2020|accessdate = April 28June 26, 20162020|publisher = Cato Institute}}</ref><ref name=ilwpl-wehrer91-225>{{cite web|url = httphttps://www.ilwgovinfo.comgov/content/pkg/STATUTE-84/articlespdf/2000,1018_WehrerSTATUTE-84-Pg116.shtmpdf|title = Business Visitors from Abroad Public Law 91- Tips and Traps for the HR Department225|date accessdatee = October 18June 26, 2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, 2016|publisher = Immigration Daily2020}}</ref>
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| 1990 1982 || November 29 || Legislation INS/USCIS guidance || In response to ''Matter of Srinivasan'' || USCIS || N/A || N/A || N/A || N/A || An internal memo of the {{w|Immigration Act of 1990and Naturalization Services}} || (INS, the precursor to {{w|101st United States CongressCitizenship and Immigration Services}}, President {{) provides guidance regarding issuance of [[w:B visa in lieu of other visas|George B-1 in lieu of H-1]]. W<ref name=globalworkers>{{cite web|url = http://globalworkers. Bush}} || Only a base filing fee |org/digging-deeper-history-b-1-lieu-h-1| Set an annual cap title = Digging Deeper: History of 65,000 on new 3B-year 1 in lieu of H-1Bs, including transfer applications and extensions of stay1|publisher = globalworkers. org|| Set up the basic rules for the {{w|Labor Condition Applicationaccessdate = April 28, 2016}} || Defines adjudication process || The old H</ref><ref name=ilw-1 visa is split into the wehrer>{{wcite web|url = http://www.ilw.com/articles/2000,1018_Wehrer.shtm|Htitle = Business Visitors from Abroad -1A visa}} Tips and Traps for nurses (which would be discontinued and replaced by the {{wHR Department|H-1C visa}}date = October 18, which would also be discontinued) and the H-1B visa. Additionally2000|last = Paparelli|first = Angelo|last2 = Wehrer|first2 = Susan|accessdate = April 28, the 2016|publisher = Immigration Act of 1990 also creates the employment-based (EB) immigration category for permanent immigration. The H-1B and EB would play an important symbiotic role.Daily}}</ref>
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| 1990 || November 29 || Legislation || {{w|Immigration Act of 1990}} || {{w|101st United States Congress}}, President {{w|George H. W. Bush}} || Only a base filing fee || Annual cap of 65,000 on new 3-year H-1Bs, including transfer applications and extensions of stay || Set up the basic rules for the {{w|Labor Condition Application}} || Defines adjudication process || The old H-1 visa is split into the {{w|H-1A visa}} for nurses (which would be discontinued and replaced by the {{w|H-1C visa}}, which would also be discontinued) and the H-1B visa. Additionally, the Immigration Act of 1990 also creates the employment-based (EB) immigration category for permanent immigration. The H-1B and EB would play an important symbiotic role, in particular because unlike the previous H-1 visa, this allowed for a dual immigrant intent, i.e., it allowed people with pending green card applications to use the H-1B.<ref>{{cite web|url = https://www.law.cornell.edu/uscode/text/8/1184#b|title = 1184|publisher = Legal Information Institute}}</ref>|-| 1998 || October 21 || Legislation || {{w|American Competitiveness and Workforce Improvement Act}} (ACWIA) || {{w|105th United States Congress}}, President {{w|Bill Clinton}} || Additional $500 fee to train U.S. workers to reduce the shortage of skilled workers, and therefore reduce the need for H-1B || Temporary increase in caps to 115,000 for 1999 and 2000 || Introduces the concept of {{w|H-1B-dependent employer}} and required additional attestations about non-displacement of U.S. workers from employers who were H-1B-dependent or had committed a willful misrepresentation in an application in the recent past. Also gives investigative authority to the {{w|United States Department of Labor}} || No change || The legislation is mostly a victory for restrictionists and labor advocates, with the main concession to expansionists being the temporary quota increase.
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| 2000 || October 17 || Legislation || {{w|American Competitiveness in the 21st Century Act}} (AC21) || {{w|106th United States Congress}}, President {{w|Bill Clinton}} || Increase of fee for training U.S. workers from $500 to $1000 || Increase in caps to 195,000 for Fiscal Years 2001, 2002, and 2003.<br/>Creation of an uncapped category for non-profit research institutions.<br/>Exemption from the cap for people who had already been cap-subject. This includes people on cap-subject H-1Bs who are switching jobs, as well as people applying for a 3-year extension of their current 3-year H-1B. Also, people with pending green card applications on EB-1,2,3 statuses can keep extending their H-1B (without being cap-subject) while waiting || No change || No change || The legislation paves the way for a significant ''de facto'' expansion of the H-1B program, despite no permanent increase in the annual cap.
| 2004 || January 1 || Treaty or trade agreement || {{w|Singapore–United States Free Trade Agreement}} || United States and Singapore governments; President {{w|George W. Bush}} and {{w|108th United States Congress}} on the United States side || No change || H-1B cap reduced by the number of H-1B1 visas issued || No change || No change || The Singapore–United States Free Trade Agreement (signed May 6, 2003, ratified July 24, 2003) includes provisions for the {{w|H-1B1 visa}} category for Singapore
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| 2004 || January 1 || Treaty or trade agreement || {{w|Chile–United States Free Trade Agreement}} || United States and Chile governments; President {{w|George W. Bush}} on the United States side || No change || H-1B cap reduced by the number of H-1B1 visas issued || No change || No change || The Chile–United States Free Trade Agreement (signed June 6, 2003, active starting January 1, 2004) includes provisions for the {{w|H-1B1 visa}} category for Chile.
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| 2004 || December 6 || Legislation || {{w|H-1B Visa Reform Act of 2004}}, part of the {{w|Consolidated Appropriations Act, 2005}} || {{w|108th United States Congress}}, President {{w|George W. Bush}} || Increase of fee for retraining US workers to $1500 for companies with 26 or more employees, reduction to $750 for small companies. Addition of anti-fraud fee of $500 || Bachelor's degree cap returns to 65,000 with added 20,000 visas for applicants with U.S. postgraduate degrees. Additional exemptions for non-profit research and governmental entities. || Expands the Department of Labor's investigative authority, but also provides two standard lines of defense to employers (the Good Faith Compliance Defense and the Recognized Industry Standards Defense). || No change || The first affected cap season is Fiscal Year 2006 (starting October 1, 2005; petitions in April 2005).
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| 2020 || || INS/USCIS guidance || H-1B Electronic Registration Process || USCIS || Additional $10 fee for registration for cap-subject petitions, including petitions that do not get selected in the lottery || No change || No change || Change in lottery system to select petitioners, but not to adjustication process itself || Starting with Fiscal Year 2021, USCIS moves its lottery system to ''before'' the filing of petitions. Between March 1 and March 20, prospective petitioners (known as "registrants") must file an online application with USCIS, including basic information on the petition. All registrants who apply within this timeframe would then go through the lottery process, with registrants learning by March 31 whether they were selected. Selected registrants may file H-1B petitions by June 30.<ref>{{Cite web|url = https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-electronic-registration-process|title = H-1B Electronic Registration Process|accessdate = April 21, 2020|publisher = United States Citizenship and Immigration Services}}</ref><ref name=shrm-h-1b-lottery-changes>{{cite web|url = https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/2020-h1b-visa-filing-process-has-changed.aspx|title = The H-1B Visa Filing Process Has Changed. Here’s What You Need to Know. Changes meant to ease the process may boost number of visa applicants, experts say|date = February 5, 2020|last = Maurer|first = Roy|accessdate = April 21, 2020}}</ref>
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| 2020 || June 22 || Executive Order || Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak || President {{w|Donald Trummp}} || No change || No change || No change || No change || In light of increased unemployment levels following the {{w|COVID-19 pandemic in the United States}}, United States President Donald Trump issues a presidential proclamation suspending the issuance of new visas in many categories, including H-1B, by United States consulates, till the end of 2020. Existing visas would continue to be honored, and H-1B adjudications by USCIS would continue. The effective immpact is that only people already in the United States would be able to transition to or extend H-1B status, and would not be able to travel outside the United States unless they already have a valid visa.<ref>{{cite web|url = https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/|title = Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak|date = June 22, 2020|accessdate = June 26, 2020|publisher = White House|last = Trump|first = Donald}}</ref><ref>{{cite web|url = https://www.vox.com/policy-and-politics/2020/6/22/21299484/trump-executive-order-immigration-h1b-visa-covid|title = A new Trump proclamation will block foreign workers. It could affect hundreds of thousands of foreigners stranded abroad.|date = June 22, 2020|accessdate = June 26, 2020|publisher = Vox|last = Narea|first = Nicola}}</ref>
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