The H-1B non immigrant category allows employers to hire certain foreign national workers on a temporary basis.  The category is defined in the Immigration and Nationality act at §101(a)(15)(H)(i)(b).  Often referred to as "tech visas" the category includes many occupations that require at least a bachelor's degree, known as specialty occupations and also includes fashion models of distinguished merit and ability. 

The annual number of new H-1B visa is limited to 65,000 per year, but there are exceptions for certain education employers and set asides for beneficiary's who have received a U.S. Master's degree or are from specific countries such as Chile and Singapore.  

The government fiscal year begins on October 1 each year - FY 2010 begins on October 1, 2009 - and petitioners may apply for the H-1B visas no more than six months in advance.  In practice this means that all of the visas are spoken for during the first week in April each year.

While some sophisticated employers will represent themselves in H-1B proceedings, it is generally recommended that experienced counsel be hired as the low quota leaves essentially no room for error.  There are complex labor law requirements in addition to the immigration law requirements.  This is also an expensive visa category where most employers will pay filing fees, fraud prevention fees and worker training fees in total ranging from about $1300.00 to $1800.00.  

Sources of Law - H-1B Non Immigrant Classification

8 USC § 1101(a)(15)(h): The statutory provision that establishes the category, its requirements and its limitations. 

8 CFR § 214.2(h): The Department of Homeland Security regulations applicable to the category.

20 CFR § 655.700  et seq:The Department of Labor regulations applicable to the category.

22 CFR § 41.53: The Department of State regulations applicable to the category.