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H-1B Visa

Question of the Month

What is the H-1B Cap?

Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly skilled temporary workers. H-1B workers are admitted to the United States for an initial period of three years, which may be extended for an additional three years. The H-1B visa program is utilized by some U.S. businesses and other organizations to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors.

The H-1B “Cap” refers to the annual numerical limitation set by Congress on the number of workers authorized to be admitted on H-1B visas or authorized to change status if already in the United States. Therefore, there are two ways to be counted against the cap: applying for an H-1B visa or changing status to H-1B from another non-immigration status visa (such as F-1, L-1, J-1, etc.)