H-1B Immigration Cap

Established by the Immigration Act of 1990 (IMMACT 90), 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 and, in some cases, beyond, if an immigration application for green card is pending.

An H-1B nonimmigrant (with the exception of certain fashion models) must have a bachelor’s degree or higher (or equivalent) in the specific specialty. The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor’s degree or its equivalent.

Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will perform services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or co production projects.

The current annual cap on the H-1B immigration category is 65,000 Visas. Not all H-1B non immigrants are subject to this annual cap.