H1B Regular CapEach 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 CapAnother 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 ExemptionNot 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.