H-1B Visa Cap Attorney
Discuss Your Immigration Needs Today
Under current United States law, the United States Citizenship and Immigration
Services (USCIS) is only authorized to issue a total of 65,000
H-1B non-immigrant visas per fiscal year. In reality, however, the number of H-1B visas issued
each year is significantly higher than this number due to rollovers of
unused visas from previous years and several different exclusions to the
regular cap. Up to 20,000 foreign nationals who hold a master’s
degree or higher from a U.S. university may be exempt from this cap, as
well as an unlimited number of H-1B non-immigrants who work at, but not
necessarily for, a university, non-profit university research facility,
or government research facility.
If you are an American employer looking to hire a foreign specialist, the
knowledgeable H-1B visa lawyers at USILaw can help you take out the guesswork
of your petition and maximize your chances of approval. With superior
client service and 24 hour support, our trusted team of advocates understand
the immigration process inside-out and can give you the edge in your petition.
Call (800) 335-8520 or
contact us online today to get started.
What Is the H-1B Lottery?
Every year, usually on April 1st, the application season for H-1B visas commences for the following fiscal
year, with authorizations being granted and issued on October 1st. If the USCIS receives more than enough petitions to meet the regular
cap or advanced degree exemption within the first five days of the application
season, additional applications are no longer accepted and a “lottery”
system of sorts is put in place. Petitions that are not accepted for the
advanced degree exemption are entered into the lottery under the regular
cap. It is important to note, however, that 6,800 of the eligible H-1B
visas are dedicated to citizens of Chile and Singapore under Free Trade
If the H-1B cap exemption has been previously granted for an applicant,
they will no longer be subject to the cap. The following are all processed
with cap and lottery exemption by the USCIS:
- Extension of stay for current H-1B holders
- Changes in terms of employment for H-1B holders
- Changes in employers for H-1B holders
- H-1B holders working jointly with a second H-1B position
Discover Your Legal Options Today
At USILaw our Washington D.C. immigration lawyers passionate about helping
foreign nationals legally pursue employment opportunities with employers
throughout the United States. Our team of advocates can help you determine
if your specialist of choice is subject to H-1B cap or exempt from its
terms and put in place a strategy to maximize your chances of success.
To find out more about how we can assist you,
get in touch with us online
or call our office today.