How many H1B visas are available every year and what is the "H1B Visa cap" or "H1B Visa quota"? On April 1st of every year the U.S. government makes available 65,000 regular cap H1b visas and 20,000 master's cap H1b visas for the upcoming government "fiscal year". The government fiscal year begins on October 1st of every year. For example, when the H-1B visa window opened on April 1, 2010, the government made available H-1b visas for the 2011 fiscal year, which begins on October 1, 2010. The H-1B visa "cap" is merely the annual numerical limitation set by Congress on the number of workers authorized to be obtain an H-1B visa. The cap is 65,000 in the regular cap category and 20,000 in the master's cap category.

Is it true that a certain number of H1B visas are set aside every year for citizens of Chile and Singapore? Yes, this is true! Among the 65,000 regular cap H-1B visas, 6,800 are set aside for Chilean and Singaporean nationals under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreement. These visas are known as H1B1 visas.

If 6,800 H1 visas are set aside for nationals of Chile and Singapore, does that mean there are really only 58,200 regular cap H1Bs available to everyone else? Technically, yes, the number of regular cap H1B visas available to everyone else is brought down to 58,200 after deducting the H1B1s for those from Chile and Singapore. However, when the 6,800 H1B1s aren't used up in a particular year they are added back to the regular cap allotment for the next year. For example, in FY2010 (April 1, 2009 filing date), 6,350 H1B1s went unused. Therefore these 6,350 H1 visas were all added to the regular cap for FY2011 (April 1, 2010 filing date) bringing the true number of regular cap H1B visas available to everyone to 64,550 for FY2011 (65,000 - 6,800 + 6,350 = 64,550). H1B1s designated for nationals of Chile and Singapore are almost always signicantly underused every year.

Are H1B Visas still available? No, USCIS announced on April 5, 2013, that they received a sufficient number of H-1B applications to reach the cap for FY 2014 for both the regular cap and masters cap.  In fact, it appears that as they received more applications than there are spots available for both caps, they will conduct a lottery to determine which applications are selected for adjudication.  Unless you have already been subject to the cap or you are applying for a position at a cap-exempt employer, you must wait until April 1, 2014 to file an H1B application.  However, don't wait until then to start working on your application, as you should get started at least several months in advance to ensure a timely filing!

It's past April 1, can I still submit an H1B application? Only if the H1B cap has not been filled or you have already been subject to the cap or your employer is cap exempt. April 1 is only the date that the new allotment of H1B visas for the upcoming fiscal year becomes available. April 1 is the earliest date that you may submit an H-1B application for the upcoming fiscal year (October 1 start-date).

Do I have to submit my application by October 1? No. The significance of October 1 is that it is the begining of the government's fiscal year. This is important in the H-1B visa context because the H-1B regulations state that if you are applying for an H-1B for the first time and your application is "cap-subject", you may not request an employment start-date earlier than October 1. Of course you can always request a start-date after October 1 as long as the date is not more than 6 months in advance of when you file your application and you are able to maintain a legal status in the US (not relevant if you are not requesting a change of status in the US). For example, if you file an application on November 1, you can request a start date as far in advance as May 1.

What has been the trend over the past few years in regard to how quickly the H1B cap has been filled? Let's look at the past five years starting with the most recent:  FY 2014) The cap filled on April 5th and we are waiting on the results of how many applications were received;  FY 2013) The cap filled on June 11, 2012 in Fiscal Year 2013 (April 1, 2012 filing window);  FY 2012) The cap filled on November 22, 2011 in Fiscal Year 2012 (April 1, 2011 filing window); FY 2011) In Fiscal Year 2011 (April 1, 2010 filing window), the H1B cap remained open until January 26, 2011; and FY 2010) In Fiscal Year 2010 (April 1, 2009 filing window), the H1B cap remained open until December 2009. H1B visa demand picked up dramatically in Fiscal Year 2014, the most recent year, due in part to a slight improvement in the economy, particularly the IT sector.  Although it's very early to make predictions, if the economy remains the same or becomes stronger, we would imagine an even higher demand for Fiscal Year 2015 (April 1, 2014). The last time we saw a similar demand for the H-1B visa was in 2008 and 2007.  For example, on April 7, 2008 (Fiscal Year 2009), a total of 190,000 total applications were recieved and by April 3, 2007 (Fiscal Year 2008), a total of 150,000 applications were recieved. In both of those years USCIS was forced to conduct a lottery and the cap was closed off in early April.

What is the H-1B Visa lottery? The H-1B visa lottery is a lottery that USCIS will conduct if it receives more H1B visas than there are spots available. For example, USCIS just announced that they will be conducting a lottery for all applications received between April 1 and 5 for Fiscal Year 2014 (October 1, 2013 start-date).  USCIS stated that they will first conduct the lottery for masters cap cases.  Any masters cap applications not selected will be part of the random lottery selection process for regular cap cases.  A lottery of this nature so early on in the year has not occurred since 2008 and 2007.  For example, in 2008 and 2007 USCIS conducted a lottery in early April in selecting applications to adjudicate since they received significantly more applications than there were spots available. USCIS will only conduct a lottery in early April when they receive more applications than the 65,000 and 20,000 spots available. If you submit an application and there are still H-1b visa numbers available then you will not be subject to a lottery. Oftentimes, when the H1B numbers are running out and it's clear that the cap will fill any day, USCIS will conduct a lottery of all applications received within the last few days, as there will almost definitely be more applications coming in than there are H1b numbers remaining. For example, USCIS did this at the end of January 2011 when the numbers were running out.

I have a U.S. Master's degree. What happens if the master's cap fills up but the regular cap remains open? If the master's degree cap fills, but the regular cap remains open anyone applying with a U.S. master's degree or higher will be added to the regular cap category. There will be no difference in the adjudication process.

I've already been approved for another work visa, such as the O-1 or TN, will I still be subject to the H-1B cap? Yes, even if you've already been approved for another work visa, such as the TN Visa, L-1 Visa, or O-1 Visa, you will still be subject to the H-1B cap. That means you are also still subject to the April 1 filing window and the October 1 start-date. This should be taken into consideration in case a strategy needs to be developed in order to maintain legal status in the U.S.

Where can I find out more info about the H1B Visa? For more info about the H1 Visa, please visit the following page on our website: H1B Visa.

Contact us to discuss your case:

* 212-643-0985
* 800-673-1120
* This e-mail address is being protected from spambots. You need JavaScript enabled to view it

Call 212-643-0985 or email This e-mail address is being protected from spambots. You need JavaScript enabled to view it .