• What is the "cap" on H-1B visas?

    Q. 1. What is the "cap" on H-1B visas?

    A. There is an annual numerical limit "cap" of 65,000 H-1B visas each fiscal year. Once the total allowable number of visas has been issued, no more H-1B visas can be approved for that year.

  • Are some employers or individuals exempt from the cap on H-1B visas?

    Q. 2. Are some employers or individuals exempt from the cap on H-1B visas?

    A. The first 20,000 petitions filed on behalf of beneficiaries with a U.S. master’s degree or higher 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 or a nonprofit research organization, or a government research organization are not subject to this numerical cap. Also, individuals who are already approved for an H-1B visa are exempt.

  • What is the earliest date I can apply for a cap-subject H-1B visa?

    Q. 3. What is the earliest date I can apply for a cap-subject H-1B visa?

    A. Cap visas are approved for the next fiscal year beginning October 1. Petitions can be submitted six months prior to that start date, April 1st.

  • What is the "cap-gap" extension for F-1 students?

    Q. 4. What is the "cap-gap" extension for F-1 students?

    A. Cap-subject H-1Bs cannot start until October 1 of the fiscal year. Certain students with pending or approved H-1B petitions may remain in F-1 status during the period of time when their F-1 status and OPT would otherwise expire up to the start of their H-1B. This “cap-gap” regulation fills the “gap” between F-1 and H-1B status for qualifying students.

  • What documents must H-1B employers make available to the public?

    Q. 5. What documents must H-1B employers make available to the public?

    A. H-1B employers must make the following materials available to the public within one working day of filing the Labor Condition Application (LCA) with the Department of Labor.

    1. The LCA

    2. Rate of pay for the H-1B worker

    3. Description or summary of the actual wage system

    4. Prevailing wage rate and its source

    5. Documentation that the notice requirement was satisfied 6. Summary of benefits offered to U.S. workers and H-1B workers 7. List of entities included as a "single employer" In the event of corporate change: a. Sworn or notarized statement by successor entity accepting all liabilities of predecessor entity; b. List of H-1B workers transferred to successor entity; c. Each affected LCA number and effective date; d. A description of successor entity's actual wage system; and e. Successor entity's employer identification number.

 

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