The H-1B cap represents the maximum number of H-1B visas that the U.S. can issue each year. That annual limit is 65,000 visas, plus 20,000 visas reserved for foreign professionals who have already earned an advanced degree from a U.S. college or university. Learn more about how the cap works, who may be exempt, and more from the skilled business immigration attorneys at Klug Law Firm.
How Does the H-1B Cap Work?
The H-1B visa allows U.S. employers to hire foreign employees for certain specialty occupations. If there are more registered specialists than available visas for any specific year, the U.S. Citizenship and Immigration Services (USCIS) holds a selection lottery to decide who can file an H-1B petition. U.S. employers can then file a petition for any person who was selected. Once the visa expires —after three years — the employer could reapply for another three-year extension, or the foreign professional must leave the U.S.
Are There Any Exemptions From the H-1B Cap?
The U.S. government does offer several exemptions from the H-1B cap. While most private industry employer petitions are subject to fiscal year limitations, individuals who are employed by post-secondary educational institutions and non-profit or governmental research organizations could be exempt. With these exclusions, potential employees could apply for an H-1B visa without being subject to the annual limit. In addition, professionals who hold a U.S. master’s or doctoral degree, and those working in the Commonwealth of the Northern Mariana Islands and Guam may also be exempt.
When Does the H-1B Fiscal Year Begin?
The official start date of the H-1B visa program’s fiscal year is October 1st, and it closes the following year on September 30th. The first step a company should take is registering theemployee in the online lottery.
If your company is interested in temporarily hiring foreign nationals for specialty roles, contact us at Klug Law Firm. We offer organizations like yours the highest quality of legal work and exceptional client service. You and your team would appreciate our caring and collaborative approach.