We are accepting and preparing H-1B petitions for the FY21 (April 1, 2020) filing.
Click here to see our fees and service overview and to request a retainer agreement for the FY 21 filing.
How Does USCIS Determine if an H-1B Visa Petition Is Subject to the Annual Cap?
USCIS uses answers provided in Sections 2 and 3 (Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement to determine if a petition is subject to the cap of 65,000 H-1B visas (commonly known as the “regular cap”).
If USCIS receives more than 65,000 petitions during the first five business days, they will use a computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the cap.
An exemption from the H-1B cap is available for 20,000 petitions filed for a beneficiary worker who has obtained a U.S. master’s degree or higher. This is known as the “advanced degree exemption”.
If USCIS receives more than 20,000 petitions requesting an advanced degree exemption during the first five business days, they will use a lottery to randomly select 20,000 petitions for the advanced degree exemption before conducting the lottery to select petitions under the regular cap.
H-1B Petitions not selected for the advanced degree exemption will be entered into the lottery for the regular cap.
Employers: If you would like our help in determining if your position qualifies for an H-1B Visa, please complete this H-1B Visa Assessment Form.
H1B Visa Cap /Quota Exemptions:
The following H-1B visa petitions are not subject to the annual quota:
- An amended H1B visa petition.
- An H1B visa Renewal / Extension petition.
- An H1B visa Transfer petition.
- The employer is an institution of higher education (College or University).
- The employer is a nonprofit organization or entity related to or affiliated with an institution of higher education (Hospital affiliated with a University) and the Foreign National Beneficiary (Worker) is enrolled in the jointly managed program.
- The employer is a nonprofit research organization or a governmental research organization.
- The Foreign National Beneficiary (Worker) has been previously granted status as an H1B visa nonimmigrant in the past 6 years and not left the U.S. for more than a year after attaining such status.
Here is a summary of past years H1B Visa Quotas and the dates they were filled:
FY 2017 H1B Visa Cap / Quota:
- Regular H-1B Visa cap of 65,000 reached on April 7, 2016 (5 days).
- US Master Degree H-1B Visa Cap of 20,000 reached on April 7, 2016 (5 days)
- 236,000 H-1B Visa Applications Received by USCIS.
FY 2015 H1B Visa Cap / Quota:
Regular H-1B Visa cap of 65,000 reached on April 7, 2014 (5 days).
US Master Degree H-1B Visa Cap of 20,000 reached on April 7, 2014 (5 days)
FY 2014 H1B Visa Cap / Quota:
Regular H-1B Visa cap of 65,000 reached on April 5, 2013 (5 days).
US Master Degree H-1B Visa Cap of 20,000 reached on April 5, 2013 (5 days)
FY 2013 H1B Visa Cap / Quota:
Regular H-1B Visa cap of 65,000 reached on June 11, 2012 (72 days).
US Master Degree H-1B Visa Cap of 20,000 reached on June 7, 2012 (68 days).
FY 2012 H1B Visa Cap / Quota:
H-1B Visa cap of 85,000 reached on November 22, 2011 (236 days).
FY 2011 H1B Visa Cap / Quota:
H-1B Visa cap of 85,000 reached on January 26, 2011 (301 days).
Related Links:
H1B Visa Cap / Quota for FY 2021
H-1B Visa Renewal / Extension
H-1B Visa Transfer
Amended H-1B Visa
New H-1B Visa, Cap Exempt
H-1B Visa for Entrepreneurs
H-1B Visa for Teachers
H-1B Visa Attorney Fee
H-1B Visa Complete Do it Yourself Kit