U.S. already reached 2024 H1-B Visa limit. What is the alternative?

Highlights: H-1B visa limit has already been reached in the US for 2024

• The US has received number of petitions for H-1B visas which exceeds the yearly cap.
• Petitions have already been reached for a cap of 65,000 and 20,000 for master’s cap.
• USCIS will accept and handle applications for variety of reasons.
• Those who hold a master’s degree or advanced degrees are eligible for exemption.

 

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US reach the H-1B visa limit for 2024

The number of petitions received by the US exceeds the annual cap for the H-1B visa. Companies and businesses in the US use the H-1B program to employ skilled foreign workers in specialized occupations. U.S. Citizenship and Immigration Services have officially states that it has received a sufficient number of petitions to meet the cap for H-1B visas for the FY 2024. Both the 65,000 regular and the 20,000 master’s cap which is the US advanced degree exemption have been reached.

 

Status and notifications of petitions

Those who registered but were not selected will receive notifications regarding non-selection through their online accounts. This indicates their ineligibility to submit an H-1B cap petition for FY 2024.

 

Petitioners exempt from the cap, including those with active H-1B employees whose cap numbers were counted previously may continue to submit their applications for processing to the USCIS.

 

USCIS will also handle and accept applications for various reasons, such as extending the duration of an existing H-1B worker’s stay in the US, altering the employment terms, enabling employer changes, and allowing simultaneous work in multiple H-1B positions.

 

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USCIS determining cap eligibility for an H-1B petition

USCIS utilizes data from the computerized registration process in order to determine if an H-1B petition is subject to the caps that are set.

 

65,000 H-1B visas are included in this cap, along with an exemption for the holders of advanced degrees, and those who hold a US master’s degree or above are eligible for this exemption. This exemption remains available until the limit of 20,000 is reached.

 

The yearly regular cap for the H-1B category is set at 65,000, with an additional 6,800 visas reserved from 65,000 for the H-1B1 program in accordance with the US-Singapore and U.S. Chile free trade agreements. Unused visas in this category will be eligible for the standard H-1B cap in the following fiscal year.

 

H-1B workers in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may be exempt from the cap if their employers submit the petition by December 31, 2029, under Public Law 110-229.

 

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