The H-1B visa category applies to people who wish to perform services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as a fashion model of distinguished merit or ability.

An H-1B non-immigrant, may be admitted for a period of up to three years. The time period may be extended, but generally cannot go beyond a total of six years, though some exceptions do apply.

The employer of the H-1B non-immigrant will be liable for the reasonable costs of return transportation if the employer terminates the H-1B non-immigrant before the end of his or her period of authorized stay. The employer is not responsible for the costs of the H-1B non-immigrant return transportation if he or she voluntarily resign the position. The H-1B non-immigrant must contact the Service Center that approved his or her petition in writing if it is believed that the employer has not complied with this requirement.