H-1B CAP

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 recent years, the general H-1B cap has decreased to 65,000 with a separate 20,000 cap for persons with advanced degrees from U.S. universities.

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.

If your employer submits a petition for an H-1B change of status for you before your Optional Practical Training (OPT) expires, your OPT is automatically extended while the petition is pending. This is known as the “cap-gap” rule. If the H-1B petition and application for a change of status is approved by the USCIS, your OPT status is automatically converted to H-1B status as of October 1st.