H-1B Cap
The annual limit of 65,000 new H-1B visas for private-sector employers, plus 20,000 additional visas for applicants with U.S. advanced degrees.
How It Works
The H-1B cap has been set at 65,000 since 2004 (it was temporarily raised to 115,000-195,000 during the dot-com boom). The 20,000 advanced-degree exemption was added by the H-1B Visa Reform Act of 2004. Cap-exempt employers, including universities, nonprofit research organizations, and government research institutions, can hire H-1B workers at any time without being subject to the cap. Workers already in H-1B status who change employers are also cap-exempt. The cap applies to new H-1B petitions only, not extensions or amendments.
Related Terms
- H-1B Visa, A nonimmigrant work visa allowing U.S. employers to hire foreign workers in "specialty occupations" that require at least a bachelor's degree, the primary visa for skilled tech, engineering, and professional workers.
- H-1B Lottery, The random selection process used when H-1B registrations exceed the annual cap of 85,000, determining which petitions USCIS will accept for processing.
- Cap-Exempt Employer, An employer not subject to the annual H-1B cap of 85,000, including universities, nonprofit research organizations, and government research institutions.
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About This Definition
This definition is part of the H1BVisaTracker H-1B Visa Glossary, 26 terms explaining H-1B sponsorship, work visas, and employment-based immigration in the United States. Written for international workers, employers, and immigration professionals.