NUMERICAL LIMITATION

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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.

H-1B numbers are allocated starting on October 1st each year. Once the 195,000 cap is reached, no new petitions will be approved by INS until the next October 1st. For this reason, you should have your employer petition for you as early in the fiscal year as possible.

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