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The H-1B visa is a non-immigrant visa in the United States that allows employers to hire foreign workers in specialty occupations, has an annual cap on the number of issued visas, and requires employers to submit paperwork that ensures compliance with various provisions of the law authorizing the visa.
By statute, the federal government can only grant 65,000 H-1B visas each fiscal year, plus another 20,000 to applicants with graduate degrees — that’s known as the H-1B visa cap.
Labor Condition Application. The Labor Condition Application (LCA) is an application filed by prospective employers on behalf of workers applying for work authorization for the non-immigrant statuses H-1B, H-1B1 (a variant of H-1B for people from Singapore and Chile) and E-3 (a variant of H-1B for workers from Australia).
Currently, the annual cap is 65,000 new H-1B visas and an additional 20,000 for foreign professionals who graduate with a master’s degree or higher from a US university.
The annual cap on H-1B visas is increased substantially (from 85,000 to 205,000), but additional recruiting requirements are added that require positions first be posted on a government website for 30 days and offered first to qualified U.S. workers. The Department of Labor is given greater authority to review and challenge hiring decisions.
As the annual H-1B lottery opens Wednesday, the program’s annual cap of 85,000 visas is once again under scrutiny, with some experts and business leaders calling it a threat to U.S. innovation.
The first 20,000 H-1B beneficiaries who have earned a master's degree or higher from a U.S. institution of higher education are not subject to the annual congressionally mandated H-1B visa cap of 65,000. After those 20,000 slots are filled, USCIS is required to count thosecases against the cap for the remainder of the fiscal year. [5]
The H-1B visa program has long been a lightning rod in debates about immigration and employment.. Designed to bring the best and brightest talent from around the world to the United States, the ...