What is H-1B Cap

The H-1B visa is a nonimmigrant visa that allows U.S. employers to hire foreign workers in specialty occupations that typically require a minimum of a bachelor’s degree in a relevant field. Due to high demand, the H-1B program is subject to an annual cap, limiting the number of available visas. Each year, 65,000 new H-1B visas are issued, with an additional 20,000 reserved for individuals holding U.S. master’s degrees or higher.

Since the number of H-1B petitions far exceeds the cap, a lottery system is used to randomly select applicants, making early preparation crucial for employers and employees alike.

The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) uses an electronic registration system for the H-1B cap registration process. USCIS will not consider an H-1B cap-subject petition to be properly filed unless it is based on a valid registration selection for the applicable fiscal year.

How Employers and Foreign Nationals Can Plan for H-1B Cap

The H-1B visa is a top visa choice for professionals seeking employment in the United States and their employers. However, successfully navigating the H-1B cap process requires careful planning by both employers and foreign nationals. Here are some tips to consider as you navigate the H-1B cap registration process, the lottery, and beyond, to improve your chances of success in this high-demand program.

When to Register

The initial registration period typically begins sometime in March of the current year and lasts for no less than two weeks.

If USCIS has determined that an insufficient number of registrations have been received, the registration period may continue. USCIS will determine the final registration date once it has received the number of registrations needed to reach the numerical allocations. USCIS will announce the actual end date on its website.

How to Register

Petitioners must register using an online account. We will provide detailed instructions on how to create the required account for our clients when they retain us to assist with the H-1B cap registration process. Employers and authorized users may start setting up their registration accounts in advance of the registration period opening.

A petitioner or its authorized representative must electronically submit a separate registration request naming an individual it seeks to petition for a cap-subject H-1B. Petitioners will be able to register multiple individuals in a single session.

The electronic system will allow for a filer to prepare, edit, and store the record in their account prior to final payment and submission. USCIS currently charges a $215 registration fee per case.

Registration Selection

USCIS typically notifies registrants with selected registrations from the initial registration period no later than March 31 of the current year. Selected registrants will receive an electronic notice from USCIS indicating that they are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice. The account holder who submitted the registration will receive a notification via email or text message stating that an action has been added to their account, and they will have to log in to see the full notice.