H-1B CAP

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Prior to the Immigration Act of 1990, the number of H-1B workers entering the U.S. each year was not subject to any numerical limitation. The act set a cap of 65,000 H-1B workers annually. In 1998, the numerical cap was raised to 115,000, and in 2000, the cap was again increased, this time to 195,000.

However, in the past few years, the general H-1B cap has fallen back to 65,000 with a separate 20,000 cap for persons with advanced degrees from U.S. universities. Sometimes, both caps are reached within days of the beginning of the H-1B filing period which starts on April 1st.

For this reason, you should have your employer petition for you on the final day of March.

Some places of employment are exempt for the H-1B caps. For instance, if you are employed "at" a university, at a location which is "related to" or "affiliated with" a university or at either a nonprofit or a government research institution, you are not subject to the numerical caps. In addition, physicians who have received "J waivers" are not subject to the H-1B caps.

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