Guide Through The United States’ H1-B Master’s Cap

H1-B visas are work visas for foreigners who are remarkably exceptional at their jobs and want to work in the United States. The US government only gives out a certain number of H1-B visas yearly, and they pick who gets them through a random draw. This year, only 65,000 H1-B visas are available. Plus, 6,800 visas are reserved for people from Chile and Singapore.

The US government also has a special lottery for people who have a master’s degree from a US school. If you have a master’s degree, you can try to get into this special H1-B Master’s cap. It is not guaranteed, but it gives you a better shot. The US government is seeking 20,000 people with master’s or higher degrees from certain programs to get an H1-B visa.

The H1-B Master’s cap doesn’t mean you are automatically exempt from the regular H1-B cap. But the big plus is that it gives you another shot at getting selected. If you don’t make it through the regular lottery, you might still get a spot under the special H1-B Master’s cap if you have a master’s degree. It is now the season for US companies and foreign job seekers to apply for H1-B visas and compete for the annual visa slots.

One way to stand out is to try for the coveted H1-B Master’s cap exemption. This special lottery is just for people with advanced degrees from certain schools. It is a good way to boost your chances of getting a visa because there are only so many available each year. It might sound simple, but it is tricky. Here is what you need to know before you start your application.

What is the H1-B cap?

The H1-B cap is the yearly limit on how many H1-B visas the USCIS can issue in a fiscal year, which the US Congress decides. There are three main caps: Regular, Advanced, and Chile-Singapore Caps. The Regular H1-B Cap is the first and most common, also known as the quota/cap or non-advanced degree quota/cap. This is the simplest cap, with a limit of 65,000 petitions per fiscal year.

The H1-B advanced degree cap is often called the H1-B Master’s cap, quota, or US master’s degree cap for certain registrations. This cap is set at 20,000 petitions per fiscal year and is usually available the year before. The Chilean and Singaporean H1-B caps are set at 6,800 H1-B visas yearly. Understanding these caps can be tricky, but talking to an immigration lawyer can help clarify things.

How a Master’s degree helps with H1-B visa

If you are applying for an H1-B visa as someone with a Master’s degree, you have a better shot if you are one of the first to sign up. So, make sure to get your application in before the lottery starts. You can sign up through the USCIS website before your H1-B application deadline. The USCIS picks the lucky ones from the signed-up list. If you are one of the chosen ones, you will get to file a special petition.

You can do a few things to boost your odds of winning an H1-B visa. The easiest thing is to qualify for the special petition for Master’s degree holders, which can increase your chances by a few points. Also, don’t wait until the cap is reached to file; you won’t stand a chance then. Another tip is to get your application and documents in as soon as possible; the last thing you want is to miss out because you waited too long.

Hiring an immigration lawyer who knows how to craft a winning lottery strategy can also help you and your employer increase your chances of getting an H1-B visa. Every year, the USCIS gets around 40,000 applications for the H1-B Master’s cap, but only 20,000 spots are available. That means only half of those with Master’s degrees will enter the H1-B Master’s cap. First, all applications go into the regular cap.

Then, the USCIS randomly selects a few with Master’s degrees from the regular cap and doesn’t include them in the H1-B Master’s cap. Those who don’t make it in the regular cap but have a Master’s degree will be added to the H1-B Master’s cap list. If you are not picked from the regular cap, you will have less competition for your H1-B Master’s cap application.

This is because some applicants with Master’s degrees have already been chosen under the regular cap. A great way to improve your chances of being picked is to work with a skilled immigration lawyer who can guide you through the application process.

Who can benefit from the H1-B Master’s cap?

To qualify for the H1-B Master’s cap, you need to meet two main requirements. First, you must have a Master’s degree from a recognized American university. You can check if your school or any other independent colleges are on the Master’s quota list. The second thing you need is for the university to be public or non-profit. You can find a full list of approved Master’s degree programs in the US on the US Department of Education’s website.

You can also contact an immigration lawyer for this information. If the university where you got your Master’s isn’t recognized, your application will be rejected. Remember, you must still meet all the other H1-B visa requirements. You might think that every school in the US is accredited, but that is not always the case.

For example, the University of Northern Virginia used to be accredited but lost its accreditation due to several violations, leading to its closure in 2013. This meant that graduates couldn’t apply for the H1-B Master’s cap anymore but could still apply for the regular H1-B visa. That is why it is smart to chat with an immigration lawyer to see if you are eligible.

Permanent residency through the H1-B Master’s cap

Switching from an H1-B visa to a green card through work can be tough, but getting a master’s degree can make it smoother. First, your application will be on the list for advanced degree exemptions. Once your application is complete and your petition is approved, you can go with your H1-B visa. The great thing is that H1-B visas are seen as visas with dual intent, which means you can start looking into getting your green card.

The first thing you need to do when applying for a green card is pick your preference level. There are three main types of green cards: EB-1, EB-2, and EB-3. EB-1 is for folks who have done well for themselves. EB-2 is for those with a high-level degree or special skills or if your work benefits the country. EB-3 is for people with a bachelor’s degree, less than 2 years of low-skilled work, and more than 2 years of skilled work.

How permanent residency through the H1-B Master’s cap works

Once you sign up for the H1-B Master’s cap, you are in line for a top spot for an EB green card. The good news is that you will get your EB-3 green card faster since it is the one most H1-B folks can get. But just having a Master’s degree isn’t enough. It would be best if you had a job in the US that needs your degree.

The US Citizenship and Immigration Services (USCIS) usually gives more weight to your job than your specific skills. If you go for EB-2, your boss has to get a PERM labor certification before they can start petition 1-140. Your assigned date will be the most important when your petition comes in. It would be best to wait until your date is as good as or better than the final action date in the Visa Bulletin.

Once you hit your priority, you can file a petition 1-485 to switch your H1-B visa to a green card. A higher degree (like a Master’s) can reduce the time you spend waiting for your green card. An immigration lawyer can help you with all of this.

Get help!

A great way to improve your odds of benefiting from an H1-B Master’s cap is to ensure you send in all your finished paperwork on time. It is super important to file before the cap publication date. Doing this can help you grab your shot at being picked randomly.

At Gehi and Associate, we have immigration lawyers who know their stuff about the H1-B cap yearly limits, how to figure out the H1-B Master’s cap, plus how to make the most of it. You can team up with us if you need a hand to boost your approval chances. Get in touch with us today!