The H-1B “Cap” refers to the annual numerical limitation set by Congress on the number of workers authorized to be admitted on H-1B type of visa or authorized to change status if already in the United States. Therefore, there are two ways to be counted against the cap, applying for an H-1B visa or change of status to H-1B from another non-immigration status (such as F-1, L-1, J-1, and etc.)
Generally, when an alien holding an H status (H-1B or H-4) has stayed in the U.S. cumulatively for six years, that alien is prohibited from further extending his/her H status. Instead, the alien is required to change to a non-H status or stay outside the U.S. for one year before reentering as an H status holder.
LCA stands for Labor Condition Application, which is filed with the US Department of Labor as part of H-1B petitions. Basically, an LCA is a document that contains a series of attestations including, among others, an agreement to pay H-1B employees at least the "prevailing wage" for the offered position.
The H-1C work visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform temporary services as a registered nurse in a health professional shortage area as determined by the U.S. Department of Labor.
The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature.
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
The numerical limit refers to the number of visas issued by Department of State (DOS) to first-time workers and to the number of persons changing to H-2B status determined by USCIS. For FY 2006, the total annual numerical limit or cap is 66,000. Approximately 99 percent of the cap is made up of visas.
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training). The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs.
The H-4 dependent visa is a nonimmigrant visa which allows the dependent spouse and children of principal H visa holders to enter into the U.S.
“managerial capacity” means that the employee primarily manages the organization, controls the work of other supervisors, or manages a function, has the authority to hire or fire, exercise discretion over the day-to-day operations or function for which the employee has the authority.
“Executive capacity” means that the employee primarily directs the management, establishes goals and policies, and exercises wide latitude in decision-making.
The L2 visa allows the dependent spouse and minor, unmarried children of qualified L-1 visa holders to enter into the U.S.
The L-1 Blanket petition is a procedure through which a very large company may pre-qualify to transfer its L-1 employees. Once the L-1 Blanket is approved, the company may transfer people to the U.S. on L-1 visa quickly and on short notice without having to file a separate petition for each employee with the United States Citizenship and Immigration Services.
U.S. companies that are branches, subsidiaries or affiliates of foreign companies that frequently transfer their non-U.S. employees to their related U.S. companies
The L-1B visa is for staff with specialized knowledge who wishes to make an intra-company transfer
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