How many people can obtain H-1B status each year?
The law sets an annual limit of 65,000 foreign nationals who can receive H-1B status during the USCIS fiscal year. An additional 20,000 foreign nationals holding advanced degrees (masters or higher) can receive H1-B status. That limit is usually reached quickly after April 1st, the first day to apply. The fiscal year begins October 1, but USCIS accepts applications six months in advance. When the limit is reached, no more new applicants can get H-1B status until the next fiscal year. Only new applicants are counted against the H-1B cap. Extension applicants or applicants who change jobs are excluded from the cap. Also excluded are employees of institutions of higher education and affiliated nonprofit entities and nonprofit or governmental research organizations. If excluded from the cap, you can get H-1B status even after the limit is reached.
Related Questions
- I am nearing my sixth year in H-1B visa status but my permanent residency application is not finished. Can I extend my stay in H-1B beyond the six years?
- What status can my spouse and children obtain if I’m applying for an H-1B visa or I already have an H-1B visa, and can they work and/or study in the U.S.?
- Who may obtain H-1B status?
