Has the H1-B Cap reopened?


The question: I heard that the H1-B Cap reopened. Is this true?

The short answer: No.

H1-B foreign worker visas are subject to annual statutory limits imposed by the U.S. Government. Each year the United States Citizenship and Immigration Service (USCIS) is authorized to issue 65,000 general-class and 20,000 advanced-degree-exempt employment visas. These visas become available on October 1st of any given year because the U.S. Government is based on a Fiscal-Year Calendar from October to October. Due to USCIS policy, the CIS will not accept such petitions more than 180 days from the annual availability date of October 1st. This is why April 1st is considered a significant date for H1-B petitioners and beneficiaries. Once the CIS determines that it has received a sufficient number of H1-B petitions to reach the statutory cap for that year, the “cap closes” and no more non-exempt H1-B filings will be accepted until the following year. After the cap closes, a computer-generated process will select 20,000 advanced-degree petitions. Any remaining advanced-degree petitions are then added to the general-class computer-generated “visa lottery.”

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