What Is the H-1B Visa Cap?
The H-1B visa is for a specific category of foreign workers who would like to work temporarily in the United States. These workers include scientists, computer programmers, engineers and other specialty occupations, such as fashion models and jobs relating to research and development projects with the Department of Defense. Qualifying candidates have a bachelor's degree or higher, as well as an exceptional amount of experience and continuing education within their specialty. H-1B visa holders can work in the United States for a period of three years (and may extend for as long as six years total).
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H-1B Visa Cap
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Every fiscal year, there is a limit to the number of H-1B visas issued by the U.S. government; this is known as the H-1B visa cap. There are certain workers whose visas aren't conditional to the cap. Those who will be working at a college or university, governmental research group or nonprofit organization, for example, do not need to worry about the limit. Additionally, the first 20,000 applicants whose educational qualifications are equivalent to a master's degree from the United States (or higher) are also exempt from the cap.
Current Cap Limitations
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Currently, the cap amount for regular H-1B visas is 65,000. For those H-1B visa petitioners with a master's degree exemption, the cap amount is 20,000. Once 20,000 master's petitions have been reached in a calendar year, the rest of the master's petitions will fall under the regular H-1B visa cap, should there be any available slots. The U.S. government posts how many H-1B visa petitions have already been counted in both of these categories, along with the date of the last count.
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H-1B Regular Cap
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In the regular H-1B visa cap category, the job must require that the applicant minimally possess a bachelor's degree and a high degree of specialty within the field. If the degree is from a foreign institution, it must be equivalent to a bachelor's degree from a college or university within the United States. Under the regular H-1B visa cap, "up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year," for H-1B visa petitioners who fall under the U.S.---Chile or U.S.---Singapore Free Trade Agreements, according to the U.S. Citizenship and Immigration Services. Within these 6,800 visas, those that go unused will roll over and become available in the next fiscal year.
H-1B Master's Cap
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The H-1B visa master's cap is unique because the first 20,000 accepted petitioners are not subject to the cap. The H-1B visa essentially has one true cap per fiscal year, and that is 65,000. For those with master's degrees or higher, it's beneficial to apply for the H-1B visa early in the fiscal year, since the first 20,000 don't have to consider the cap at all. Once the 20,000 master's degree holding petitioners have been accepted, the remaining petitioners fall into the same category as the regular H-1B petitioners (those with a bachelor's degree). There is no preference given due to educational level alone from that point forward.
Filing Tips
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Each fiscal year, there's a specific date range within which petitioners can file for an H-1B visa. Check USCIS' homepage for current dates. The petitioner may request a start date with their U.S. employer for six months after (or later) their filing date. If a requested start date is inside of a six-month period---for example, if the petitioner requests a start date for four months after turning in the visa application, the entire application will be denied. U.S. Citizenship and Immigration Services notes that all applications should be filled out properly to avoid rejection. Petitioners must file Form I-129, including all supplemental forms pertaining to the individual. It's important to include a check or money order in the proper amount, which depends upon how a petitioner is filing.
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References
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