The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization or a government research organization are not subject to this numerical cap.
How Do I Qualify for an H-1B Visa?
To qualify for an H-1B visa, you must perform services in the U.S. in a specialty occupation. You must have:
a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing
the correct background to the job offered
Although the visa will be held by an employee, it is the responsibility of the employer to file for an H-1B visa. Both an employer and an employee may wish to retain a lawyer in order to make the process as smooth as possible.
H-1 B Cap
The H-1B classification has an annual numerical limit (cap) of 65,000 new statuses/visas each fiscal year. An additional 20,000 petitions filed on behalf of beneficiaries with a master’s degree or higher from a U.S. institution of higher education are exempt from the cap. Additionally, H-1B workers who are petitioned for or employed at an institution of higher education or its affiliated or related nonprofit entities, a nonprofit research organization or a government research organization are not subject to this numerical cap.
How Do I Qualify for an H-1B Visa?
To qualify for an H-1B visa, you must perform services in the U.S. in a specialty occupation. You must have:
a job offer from a U.S employer that offers you the “prevailing wage” paid in the same U.S. geographic area for similar work that you will be performing
the correct background to the job offered
Although the visa will be held by an employee, it is the responsibility of the employer to file for an H-1B visa. Both an employer and an employee may wish to retain a lawyer in order to make the process as smooth as possible.