Apply for a H-1B visa for specialized workers?

H-1B Cap is the annual limit set by the US Congress for H-1B Visas. The maximum number of H-1B visas that USCIS can issue in a fiscal year for bachelor’s degree is 65,000 and the number of visas issued for master’s CAP is 20,000. The cap refers to the limit of H-1B visas allowed per federal fiscal year (FY). A fiscal year begins on October 1st and ends on September 30th of the following year.

H-1B CAP Eligibility

In order to be eligible for the H-1B visa, you will need:

  • A valid job offer from a U.S. employer for a role that requires specialty knowledge.
  • Proof of a bachelor’s degree or equivalent experience in that field.
  • Your employer must show that there is a lack of qualified U.S. applicants for the role

How to apply for the H-1B CAP

Before you can enter the United States under the H-1B classification and begin work, you may need to register with U.S. Citizenship and Immigration Services (USCIS) and be selected
to apply. The registration period only runs for 14 days each year. If you don’t register, you will not be able to apply for the H-1B visa. Once you have registered, you will be able to monitor your status via your USCIS account. If an attorney or a representative has filed for you, they will be able to see your status in their account. Once you have been selected to apply for the H-1B visa, your employer can begin the process by filing a petition on your behalf.

H-1B Cap Exempt

USCIS has given separate provisions for certain H-1B Sponsors or Employers like non-profit universities and non-profit research organizations. If they want to hire a H-1B worker, these employers do not have to go through the annual H-1B cap quota. It means that there is no limit on the number of H-1B applicants or Lottery concept if the applicant is going to work for the type of entities listed below :

  1. Non-profit universities
  2. Non-profit research
  3. US Govt. research organizations
  4. Non-profits related to higher education

All the above-listed categories of H-1B petitions can be filed anytime during the year and are not subject to March registration date and October 1st start dates.

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