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 Michigan, 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 Michigan 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. Employers in Michigan must adhere to the program's requirements, which include filing a Labor Condition Application (LCA) with the U.S. Department of Labor. Through the LCA, employers must attest to paying the higher of the prevailing wage or the actual wage paid to similar workers, and they must also confirm that employing H-1B workers will not adversely affect the working conditions of U.S. workers. The program is designed to ensure that the employment of H-1B workers does not undermine the labor market for U.S. workers while allowing employers to address genuine skill shortages in their workforce.