What is the H-1B cap and does it affect me?
Annually, 65,000 nonimmigrant visas are allocated for the H-1B category. The U.S. Citizenship and Immigration Services begin accepting visa petitions as early as April 1 for visas valid beginning October 1 (the start of the fiscal year). Additionally, 6,800 H-1B visas are set aside each fiscal year for the H-1B1 program under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Under the “Advanced Degree Exemption,” 20,000 H-1B visas are set aside for foreign nationals with a master’s (or higher) degree. Since this category is so popular and the number of available visas is so limited, these visas run out well before their validity date. In 2006, the cap for regular H-1B visas (bachelor’s degree or equivalent) was reached on May 25, 2006, more than five months before the beginning of the fiscal year. The Advanced Degree cap was reached on July 26, 2006.
