The Immigration Act of 1990 imposed an annual numerical limitation on new admissions in the H1B category. Due to this H1B numerical limitation (a.k.a. H1B cap), an H1B number must be available at the time a new cap-subjected H1B petition is adjudicated. Generally, there are three major types of H1B visas and each of them are subjected to different H1B numbers.
H1B Regular Cap
Each year Congress will make available an annual limit on the number of H1B visa admissions. Such annual H-1B numerical limitation (H1B cap) is set at 65,000 with 6,800 ( approx. 10.5%) H1B being set aside for professionals from Chile and Singapore under the Free Trade Agreements (FTAs) with these countries. The overall H1B numbers are 58,200 in the standard H1B pool, plus any unused H1B visas from a prior fiscal year.
H1B Advanced Degree Cap
Another exemption from the 65,000 cap is the H1B advanced degree cap. This cap exempted H1B exempt 20,000 petitions for H1B workers who have a master’s degree or higher from a U.S. institution of higher learning. As long as the 20,000 slots are still available, applicants with a U.S. advanced degree is able to make use of this cap for their H1B filings. After the 20,000 slots are filled, the immigration will apply the advanced degree petitions against the standard annual cap of 65,000.
H1B Cap Exemption
Not all H1B visas are cap subject as there are some that are exempted from the the cap without regard to the number of such H1B cases that are filed. These H1B cap exempted categories may be filed at any time during the fiscal year. These included:
- Institutions of higher education;
- Related or affiliated not-for-profit entities;
- Not-for-profit research organizations or governmental research organizations.
If you are considering a H1B petition, please contact our Chicago based H1B attorneys for an H1B evaluation.
We have over 25 years of combined experience and excellent proven track record of helping individuals and corporations getting their H1B visas approved. You need every advantage you can have to maximize your chance of approval, make sure you contact Cipolla Law Group today so that your best case can be put forward.