Limits on H-1B Visas

If you are applying for the H-1B Visa, have in the past, or know someone who has applied for it, then you may already know that it can be difficult to obtain one. There never seem to be enough for all the individuals that want one.

This can of course create difficulties, as people who would otherwise have been approved easily will never stand a chance. Once the United States Citizenship and Immigration Services (USCIS) reaches their H-1B Visa limit for the year, they will completely stop approving all applications until October 1, when the new fiscal year starts.

Further causing problems, not all visas are available to all people. Of the 85,000 total H-1B visas available, 20,000 are promised to those with master’s degrees from a United States school. More are promised to individuals from countries that have signed trade agreements with the U.S. such as Singapore and Chile.

There is a bit of good news, however: Those numerical limits will not apply to you at all if you are intending to work for a higher education institution, or a nonprofit organization affiliated with a higher education institution. There are also other organizations which qualify, such as some government research organizations, and certain other nonprofit research organizations.

If you have any questions about H-1B visas, eligibility for them, and whether or not you will be subject to the numerical limits, please contact an immigration attorney today.

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