What does it mean when the infamous CAP is reached!
H1B numbers are fixed by the Congress for each Fiscal Year for how many new H1b petitions could be approved. A total of 65,000 regular quota petitions (candidates with bachelor’s degree) and 20,000 petitions for advanced degree (Masters) candidates, could be filed per Fiscal Year i.e. a period of one year starting October 1st through September 30th of the following year. This means that no new cap subject H1B petitions can be approved beyond this number and consequently no new h1b position is available to U.S. employers until the filing begins for the next year.
So, it is very important that U.S. EMPLOYERS of future h1b employees plan early!
Due to a huge demand for professional workers in the United States and numerical limitations imposed on H1B petitions and limited available alternatives h1b worker category is oversubscribed.
NOTE: H1b extensions and New CAP EXEMPT h1b petitions can still be filed!
H1b category is oversubscribed (cap is reached) year after year. When the visa category is oversubscribed no further cap subject petitions could be filed. USCIS establishes a process for selecting the allowed number of petitions. Recently, to avoid the unnecessary efforts in preparing and filing petitions beyond the required numbers USCIS has started the employer registration process. Over the years an automated selection process picks the employers’ registration for specified candidates. Selected registrants are notified by the USCIS to file the H1b petition.
There are some H1B positions that are exempt from h1b cap. H1b petition can be filed for such positions anytime. Contact us if you are not sure whether your H1 position is cap exempt.
Preparing a successful H1B petition is a time-consuming process. Planning and preparation should start as early as possible.