The H-1B visa program applies to employers seeking to hire nonimmigrant aliens as workers in specialty occupations or as fashion models of distinguished merit and ability. A specialty occupation is one that requires the application of a body of highly specialized knowledge and the attainment of at least a bachelor’s degree or its equivalent. The intent of the H-1B provisions is to help employers who cannot otherwise obtain needed business skills and abilities from the U.S. workforce by authorizing the temporary employment of qualified individuals who are not otherwise authorized to work in the United States.

The law establishes certain standards in order to protect similarly employed U.S. workers from being adversely affected by the employment of the nonimmigrant workers, as well as to protect the H-1B nonimmigrant workers. Employers must attest to the U.S. Department of Labor that they will pay wages to the H-1B nonimmigrant workers that are at least equal to the actual wage paid by the employer to other workers with similar experience and qualifications for the job in question, or the prevailing wage for the occupation in the area of intended employment—whichever is greater.

In Ohio, as in all states, the H-1B visa program is governed by federal law, specifically the Immigration and Nationality Act (INA). This program allows employers in Ohio to temporarily employ foreign workers in specialty occupations. A specialty occupation requires the theoretical and practical application of a body of highly specialized knowledge, typically evidenced by a bachelor's degree or higher in the specific specialty. Ohio employers seeking to hire H-1B workers must comply with the requirements set by the U.S. Department of Labor and U.S. Citizenship and Immigration Services (USCIS). This includes attesting to paying a wage that is no less than the wage paid to similarly qualified U.S. workers or the prevailing wage for the position in the geographic area, whichever is higher. The program also includes protections for U.S. workers to ensure they are not adversely affected in terms of wages or working conditions by the employment of H-1B workers. While the state of Ohio does not have specific statutes governing the H-1B visa program, Ohio employers must adhere to all federal regulations and procedures when participating in the program.