Understanding the H-1B Visa Cap: Regular vs. Master’s Cap Explained

The H-1B visa is a highly sought-after visa category that allows U.S. employers to sponsor foreign workers with specialty occupations.

However, a crucial detail to understand is that the H-1B visa program has an annual cap on the number of visas issued yearly. This cap applies to both employers and beneficiaries and can significantly impact the application process.  

Here's where things get interesting: the H-1B cap is divided into two categories: the regular cap and the master's cap. This blog post will delve into the specifics of each cap, explaining the key differences and what it means for prospective H-1B applicants.

By the end of this post, you'll be able to answer the burning question: Should you aim for the H-1B regular cap or the master's cap?

What is H-1B Visa Cap?

The H-1B visa program has an annual numerical limit, or "cap," on the number of visas issued each fiscal year. This cap is set by Congress and is intended to limit the number of foreign workers employed in specialty occupations in the United States.

The H-1B cap is divided into two categories:

• Regular Cap: This cap applies to all H-1B petitions filed for beneficiaries who do not hold a U.S. master's degree or higher.
• Master's Cap: This cap is specifically for beneficiaries who have earned a U.S. master's degree or higher in any field from a U.S. institution of higher education.

Alright, let's break down what exactly each cap entails, starting with the regular cap.

H-1B Regular Cap

The H-1B regular cap is a significant portion of the overall H-1B visa cap. It allows for issuing up to 65,000 visas annually to foreign workers in specialty occupations who do not hold a U.S. master's degree or higher.

Key Points:

• Cap Limit: The H-1B cap for Fiscal Year 2025 (October 1, 2024 - September 30, 2025) remains at 65,000 visas for the Regular Cap. Congress sets this limit and restricts the number of H-1B visas issued to foreign workers in this category.
• Eligibility: This cap applies to all H-1B petitions filed for beneficiaries who possess only a U.S. bachelor's degree and no higher degree, such as a master's or doctoral degree. This includes individuals with bachelor's degrees, associate degrees, or other relevant qualifications in their field of expertise.
• Specialty Occupations: The H-1B visa program focuses on "specialty occupations," which require theoretical or technical expertise in specialized fields. These occupations need a bachelor's degree or higher in a specific specialty or equivalent.
• Selection Process: The selection process for the regular cap involves a random lottery. USCIS conducts a computer-generated lottery to select petitions from the pool of registered applicants. This ensures a fair and equitable process for all eligible applicants.
• H-1B1 Program: Up to 6,800 visas are set aside from the 65,000 regular cap each fiscal year for the H-1B1 program, under the terms of the U.S.-Chile and U.S.-Singapore free trade agreements. If any of these visas remain unused, they become available for general H-1B use for the next fiscal year’s regular cap.
• Exemption for CNMI and Guam: H-1B workers performing labor or services in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam may be exempt from the regular H-1B cap. This applies if their employers file the petition before December 31, 2029, as per the Consolidated Natural Resources Act of 2008 (CNRA), Public Law 110-229.

Now that we've got the regular cap covered, let's take a closer look at the master's cap and see what it brings to the table.

H-1B Master's Cap

The H-1B Master's Cap is a specific allocation within the overall H-1B visa program that provides additional visas for foreign workers with a U.S. master's degree or higher. Here's an overview of the Master's Cap and its key points:

Key Points:

• Separate Cap: This cap is independent of the regular cap. Beneficiaries who qualify for the master's cap are first entered into the regular cap lottery. If they are not selected, they are then entered into the master's cap lottery, giving them an additional chance of selection.
• Eligibility: Applicants must have obtained a U.S. master's degree or higher in any field of study from an accredited U.S. institution of higher education. This includes degrees such as Master of Science (M.S.), Master of Arts (M.A.), Master of Business Administration (MBA), Ph.D., and other advanced degrees.
• Selection Process: The selection process for the master's cap generally follows the same random lottery system as the regular cap. USCIS conducts a lottery to select petitions from the pool of registered applicants.

So, what sets these two caps apart? Let's dive into the key differences.

Key Differences Between Regular and Master’s Cap

Here's the table summarizing the key differences between the Regular Cap and the Master's Cap:

Feeling ready to tackle the H-1B application process? Here are some tips that might just give you that winning edge.

‍Also read:H-1B Visa Transfer: Process, Fees, Processing Time, and Change of Employer

Tips for Prospective Applicants

The H-1B visa lottery is highly competitive. Here are some tips for prospective applicants to increase their chances of success:

• Understand the Cap Limits: Familiarize yourself with the regular cap and master's cap limits, and determine which category you qualify for.
• Prepare Thoroughly: Gather all necessary documents, such as educational credentials, work experience letters, and other supporting documentation, well in advance.
• Ensure Accuracy: Double-check all information entered during the online registration process for accuracy. Any errors can lead to immediate rejection.
• Seek Professional Guidance: Consult with an experienced immigration attorney who can provide personalized advice and guidance throughout the application process.
• Stay Informed: Keep up-to-date with the latest USCIS regulations and any changes to the H-1B program.

By following these tips and proactively addressing the H-1B visa application process, both employers and candidates can increase their chances of a successful outcome.

Worried about navigating this complex process alone? Here's how Alma can lend a hand.

You may also like: H1B Visa Process for Starting a Company

How Alma Can Help

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• High-quality legal services: Our team of top legal attorneys possesses unmatched expertise in immigration visas, ensuring your application is crafted to maximize your chances of approval.
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Conclusion

The H-1B visa program offers significant opportunities to skilled foreign workers and U.S. employers. However, navigating the complexities of the H-1B cap, particularly the distinction between the regular cap and the master's cap, is crucial for a successful application.

By understanding the specific requirements of each cap category, preparing thoroughly, and seeking professional guidance when needed, both employers and candidates can increase their chances of a successful H-1B visa application.

At Alma, we are committed to helping you navigate the complexities of the H-1B visa process. Our team of experienced immigration attorneys provides personalized guidance, streamlined processes, and unwavering support to maximize your chances of success.

Take a free assessment today to learn how we assist you on your H-1B visa process.