• Skip to main content
  • Skip to footer
U.S. Immigration Law Firm

U.S. Immigration Law Firm

Business and Family Immigration

  • (310) 591-8200
  • contact@ maxlawinc.com
  • Work Visas
  • Investor Visas
  • Fiancé Visa
  • Green Cards
  • Naturalization
  • About
  • Blog
  • Contact

News

H-1B Regular Cap v. Master’s Cap: What’s the difference?

Every year, Congress allots 65,000 H-1B work visas for U.S. Employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. This is known as the “regular cap.”

Some of these petitions are exempt from the regular cap under the advanced degree exemption, which provides a visa to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

The USCIS begins accepting applications on April 1st for every upcoming fiscal year, which begins on October 1st. The 2013 fiscal year began on April 2, 2012 and nobody expected the cap to begin filling up at this pace. As of May 18, 2012 – less than 1.5 months after the USCIS began accepting petitions – 42,000 petitions were submitted under the regular cap, accounting for 65% of the cap. Furthermore, 16,000 petitions were received under the master’s cap, accounting for 80% of this exemption reached.

So what happens once the 20,000 master’s cap is reached? Does the USCIS only accept petitions for beneficiaries with bachelor’s degrees? The answer is no. Unless otherwise exempt from the cap, petitions filed under the master’s cap after the 20,000 visa cap is reached will be counted against the regular cap. In other words, all cap-subject petitions will fall under the regular cap, whether the beneficiary has a master’s degree or not. What this will mean is that once the master’s cap is reached, the USCIS will begin receiving petitions under the regular cap at an even faster pace. It is widely expected that all 85,000 H-1B visas will be accounted for by July – the fastest since the Great Recession began in 2008.

For employers looking to file an H-1B petition, it is strongly recommended that you start the process as soon as possible. Given that the average petition takes at least 2-3 weeks to prepare, the cap may very well be reached by the time it is submitted.

Got a question?

Call us at (310) 591-8200 or send us an email at contact [@] maxlawinc.com.

Primary Sidebar

Search

Categories

  • Adjustment of Status
  • Advance Parole
  • Canadian Immigration
  • CBP
  • Citizenship
  • Consular Processing
  • Coronavirus
  • COVID-19
  • DACA
  • DOMA
  • E-2
  • EAD
  • Employment Authorization
  • Entrepreneurs
  • Executive Action
  • Fiance Visa
  • Green Card
  • H-1B
  • Inadmissibility
  • Investors
  • L-1
  • LGBT
  • Models
  • Naturalization
  • Nurses
  • O-1
  • OPT
  • Physical Therapists
  • R-1
  • Re-Entry Permits
  • Returning Resident Visa
  • Silicon Beach
  • Students
  • TN
  • TPS
  • U.S. Immigration
  • Uncategorized
  • USCIS
  • Visa Waiver Program
  • Visitor Visa
  • Waivers
  • Work Visa

Archives

  • September 2024
  • April 2024
  • March 2024
  • February 2024
  • January 2024
  • December 2023
  • October 2023
  • September 2023
  • July 2023
  • March 2023
  • February 2023
  • January 2023
  • July 2022
  • February 2021
  • January 2021
  • August 2020
  • July 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • June 2019
  • May 2019
  • April 2019
  • November 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • March 2016
  • January 2016
  • November 2015
  • August 2015
  • July 2015
  • June 2015
  • January 2015
  • November 2014
  • October 2014
  • September 2014
  • August 2014
  • July 2014
  • June 2014
  • May 2014
  • April 2014
  • January 2014
  • November 2013
  • October 2013
  • September 2013
  • July 2013
  • June 2013
  • May 2013
  • April 2013
  • March 2013
  • February 2013
  • June 2012
  • March 2012
  • August 2011
  • July 2011
  • June 2011
  • February 2011
  • January 2011

Tags

Advance Parole B-1 B-2 Canada Citizenship Consular Processing CPT DACA DAPA DOMA DUI E-2 EAD EB-5 Entrepreneurs Executive Action F-1 Fiance Green Card green cards H-1B H-4 Immigration Inadmissibility Investors K-1 L-1 LGBT Marriage NAFTA Naturalization Nurse Obama OPT Physical Therapist Prop 8 STEM Students TN USCIS Visa Visa Bulletin Visitor Waiver Work Visa

Recent Articles

  • USCIS Extends Validity of Expiring Green Cards to 36 Months Upon Filing of Application for Renewal
  • USCIS Announces That Medical Exams Will No Longer Expire After Two Years
  • 2024 USCIS Fee Increases for Adjustment of Status Applications
  • The Difference Between a Fiancé Visa and an Immigrant Visa
  • USCIS Provides Details for the FY2025 H1B Lottery

Filed Under: H-1B, U.S. Immigration, Work Visa Tagged With: H-1B, masters cap, Work Visa

Copyright © 2023 Maximilian Law Inc. All Rights Reserved.

Los Angeles Immigration Law Firm Visas Green Cards

Los Angeles El Segundo Playa Vista Immigration Lawyer Attorney Law Firm LAX 90245