Employee: Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (INA) defines an H-1B nonimmigrant as an alien:

who is coming temporarily to the United States to perform services in a speciality’ occupation described in section 1184(i)(1)…, who meets the requirements of the profession specified in section 1184(i)(2)…, and concerning whom the Secretary of Labor determines and certifies, that the intending employer has filed with the Secretary an application under 1182(n)(1).

Employer: United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:

1.Engages a person to work within the United States;

2.Has an employer-employee relationship concerning employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and

3.Has an Internal Revenue Service Tax identification number.

Source – (USCIS.GOV)

CAP for Non-Immigrant Visa – H1B visa :

1.Non-Immigrant Visa – H1B Visas for the general category – 65000

2.Non-Immigrant Visa – H1B visa under Advanced Degree Exemption – 20000

Lottery System for Non-Immigrant Visa – H1B visa :

USCIS uses a computer-generated process, also known as the lottery, to randomly select the petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

CategoryImmigration Law