What Is the H-1B Cap
The H-1B cap is the annual numerical limit on new H-1B visa petitions that US employers can file. USCIS sets this at 65,000 visas per fiscal year, with an additional 20,000 visas reserved for beneficiaries with a master's degree or higher from a US institution. This means a maximum of 85,000 new H-1B workers can enter the US labor market each fiscal year under this category.
How the Cap Works in Practice
Each fiscal year (October 1 through September 30), USCIS opens a filing window for H-1B petitions. When applications exceed the cap, USCIS conducts a lottery drawing to select which petitions will be processed. For fiscal year 2024, USCIS received over 780,000 petitions for just 85,000 available spots, giving each petition roughly a 10% chance of selection.
The filing process happens in two stages. First, employers file cap-subject petitions during the designated weeks. USCIS then counts all received petitions. If filings exceed the cap, the lottery occurs. If your petition is selected, it advances to adjudication. If not selected, USCIS returns your filing fee and the petition is rejected. Being rejected in the lottery does not count as a denial on your immigration record.
Key Considerations for H-1B Applicants
- Master's degree exemption: If you earned your master's degree or higher from a US institution, your petition enters a separate pool with less competition. This significantly improves your selection odds.
- Timing matters: Petitions are selected randomly within each cap pool. Filing on the first day versus the last day of the filing window does not improve your chances.
- Multiple petitions: Some workers file multiple H-1B petitions with different employers to increase selection chances. However, if multiple petitions are selected, you can only accept one visa.
- Cap-exempt positions: Certain employers do not count against the cap, including universities, nonprofit research organizations, and government research facilities. These positions are filed year-round without lottery risk.
- Work authorization delay: If your petition is not selected in the lottery, you cannot work in H-1B status that fiscal year. This affects planning for both workers and employers.
Common Questions
- If my H-1B petition is rejected in the lottery, can I reapply next year? Yes. There is no limit on how many times you can apply. Many workers file for multiple years before being selected. Each fiscal year is a fresh lottery with the same odds.
- Does the H-1B cap affect green card processing? No. The cap only limits new H-1B visas. If you are already in the US in H-1B status and have an approved I-140 employment-based green card petition, you can remain in H-1B status while your green card application is pending, even beyond the standard 6-year limit.
- What happens if I am selected in the lottery but my employer withdraws the petition? Your petition is terminated. You lose that selection. You would need to wait for the next fiscal year to apply again through a new employer or the same employer.