H-1B Cap

The H-1B visa is a nonimmigrant visa category that allows foreign workers in specialty occupations to work in the United States on a temporary basis. One of the unique aspects of the H-1B visa is the annual cap, which limits the number of visas that can be issued each year.

The H-1B cap is set by Congress and is currently set at 65,000 visas per fiscal year, with an additional 20,000 visas available for individuals who have earned a master's degree or higher from a U.S. institution of higher education.

The demand for H-1B visas tends to be high, and the number of petitions received by the U.S. Citizenship and Immigration Services (USCIS) often exceeds the cap. When this occurs, the agency conducts a random selection process, also known as the H-1B lottery, to determine which petitions will be accepted for processing.

If a student is seeking to get a green card through employment, the H-1B visa may be a potential option. However, it is important to keep in mind that the H-1B cap can be a limiting factor and there is no guarantee that a petition will be selected in the lottery. It may be advisable for the student to explore other employment-based visa options as well.

It is also worth noting that the H-1B visa is generally only available to individuals who have a bachelor's degree or higher in a specialty occupation. This means that a student may need to have completed their education and obtained a degree before they can be eligible for an H-1B visa.