What is ‘cap reclaim’?

‘Cap reclaim’ is the use, in a new petition, of an H-1B annual-limit slot that the beneficiary has already occupied before. The H-1B has a yearly numerical cap (the ‘cap’), and competition for those slots typically goes through a lottery. Someone who has already been ‘cap-counted’ (had their H-1B counted against that limit) may, in certain situations, reuse that prior counting instead of entering the lottery again.

In practice, this tends to arise when a person who has already been counted against the cap seeks a new petition, for example with a different employer, and meets the applicable requirements. Rather than starting over in the lottery, the case may rely on the previous counting.

• Requires that the beneficiary has already been counted against the cap previously.
• Generally requires that time remain available within the H-1B maximum period of stay.
• Each case has its own particulars and must satisfy the applicable regulatory requirements.

Because the exact conditions and technical details involved are interpreted on a case-by-case basis, the safest approach is to confirm the current requirements with the USCIS and assess eligibility with a specialist before relying on ‘cap reclaim’.

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.