Does the H-1B count toward the temporary work visa cap?

Yes. The H-1B is a visa subject to an annual limit on issuances, known in immigration circles as the cap. When the number of petitions exceeds the available slots, selection typically goes through a lottery, and only the petitions drawn continue in the process.

In addition to the general cap, there is an extra allocation of slots for candidates with a graduate degree (master’s or higher) earned at a U.S. institution. This improves the odds for those who qualify under that profile, though it does not guarantee selection.

Not every H-1B petition competes for that ceiling. Certain employers, such as universities, higher education institutions engaged in research, and qualifying nonprofit organizations of an academic nature, may be cap-exempt, which allows them to hire professionals outside the lottery window.

• The standard H-1B competes for a limited number of slots per cycle.
• There is an extra allocation for those who earned a graduate degree in the U.S.
• Universities and research entities may be exempt from the cap.

Cap rules and exemptions change frequently and each case has its own specifics. It is worth confirming current numbers and criteria with USCIS or a specialist before planning your petition.

About the author

Victoria Harper

Editor-in-Chief

Meet the author

As a journalist and lead editor at Visto n’ Visa, Victoria helps ensure that immigration topics are covered in a clear, trustworthy, and easy-to-understand way. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.