H-1B Principles

Congress restricts new H-1Bs (generally applying to individuals who have never had H-1B status but with very significant exceptions) to 65,000 per year and makes 20,000 more exempt from the cap for those with masters degrees or higher (Ph.D., medical, law degrees etc.) from United States institutions. The 85,000 are available when the fiscal year begins each Oct. 1.

Petitions for H-1Bs can be filed six months before the employment will begin. Thus, the California and Vermont service centers, the service centers designated for new H-1Bs, will be flooded with petitions on April 1.

This MBA On Demand Legal Chat will review general H-1B principles but with a focus on the cap and the many considerations that apply particularly for "cap gap" F-1 students and academic H-1Bs.