Each year there is a congressionally mandated cap on the number of available H-1B visas of 65,000, with an additional 20,000 H-1B visas allotted for foreign nationals holding U.S. advanced degrees. Once this cap has been reached, U.S. Citizenship and Immigration Services (USCIS) stops accepting H-1B petitions for processing until the next H-1B season. USCIS […]
No. Under the current regulations, H-4 dependent spouses of principle H-1B holders are unable to work in the United States. However, as part of its effort to attract and retain highly skilled immigrants, the Department of Homeland Security is in the process of proposing rules to extend employment authorization to spouses of certain H-1B workers. […]
I am employed by an institution of higher education. Is my employer subject to the H-1B numerical limitation?
No. If you are employed by an institution of higher education or a related or affiliated nonprofit entity or by a nonprofit research organization or a government research organization you are not subject to the cap. The employer can file the H-1B petition on your behalf at any time during the fiscal year and is […]
I have a Master’s Degree from a foreign university. Do I qualify for the additional 20,000 H-1B visas allotted to individuals holding advanced degrees?
No. The additional 20,000 H-1B visas are available to individuals holding advanced degrees obtained from U.S. colleges and universities.
I have a Bachelor’s Degree from a foreign university. Do I automatically qualify for the 65,000 H-1B visas allotted to individuals holding a Bachelor’s degree?
No. If you hold a degree from a foreign college or university, you will need to request a foreign degree credential evaluation that establishes that you have a foreign education equivalent to a U. S. degree. USCIS will review the credential evaluation to confirm that you qualify, on the basis of education alone, for the […]