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United States reaches 65,000 H-1B visa cap for 2022: USCIS

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H-1B Visa Processing

The US has received enough petitions needed to reach the congressionally mandated 65,000 H-1B visa cap for the fiscal year 2022, a federal agency has declared.

The H-1B visa is a non-immigrant visa that allows US companies to employ foreign workers. In specialty occupations that require theoretical or technical expertise. Technology companies depend on it to recruit a huge number of employees every year from nations like India and China.

The H-1B visa program is the most pursued work visa among foreign professionals, including Indians.

As mandated by the US Congress, the US can give a maximum of 65,000 H-1B visa regular cap. And another 20,000 H-1B visa US advanced degree exemption categories every year.

US Citizenship and Immigration Services (USCIS) screens all such applications every year. On Monday USCIS announced that it has gotten a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap. Also, the 20,000 H-1B visa US advanced degree exception, known as the master’s cap, for fiscal year (FY) 2022.

H-1B visa cap for the fiscal year 2022

“We have finished sending non-selection notices to registrants’ online accounts. The status for registrations properly submitted for the FY 2022 H-1B numerical allocations. However, that was not chosen, will now show: Not Selected: Not selected – not eligible to file an H-1B cap petition based on this registration,” it said.

The USCIS will continue to accept and process petitions that are otherwise exempt from the cap, it said.

“Petitions filed for current H-1B workers who have been counted previously against the cap, who still hold their cap number, are excluded from the FY 2022 H-1B cap,” said the federal agency.

Meanwhile, the USCIS will continue to accept and process petitions filed to expand how much time a current H-1B worker might stay in the US; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers, and allow current H-1B workers to work concurrently in extra H-1B positions.

[FY 2023 H-1B Cap Registration Starts Tuesday, March 1]

While the Congressional cap is 65,000; not all H-1B nonimmigrant visas (or status awards) are subject to this yearly cap. Outstandingly, up to 6,800 visas are set aside from the 65,000 each fiscal year for the H-1B1 program. Under the terms of the legislation implementing the US-Chile and U.S.- Singapore free trade agreements.

Unused visas in this group become available for H-1B use for the next fiscal year’s regular H-1B cap.

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