H1-B visa cap and requirements
A concise guide to the H‑1B numerical cap, allocation process and core employer and beneficiary requirements for employers and applicants based in England and Wales considering US skilled-worker sponsorship.
TRW & Co’s UK branch is based at Holborn Gate, 330 High Holborn, London, WC1V 7QH, England.
This note explains the H‑1B numerical cap and the principal requirements for employers and prospective beneficiaries. It is aimed at organisations and individuals based in England and Wales who are planning US hires or intra‑company moves. The content is a general overview and does not replace tailored immigration advice.
Overview of the H‑1B cap
The H‑1B classification permits US employers to sponsor non‑immigrant workers in specialty occupations that require theoretical or technical expertise in a specialised field. Each fiscal year the US federal government imposes a numerical limit (the “cap”) on new H‑1B petitions filed for initial employment and change‑of‑status petitions. Since demand typically exceeds supply, a random selection (lottery) process is used to allocate available slots.
How the cap and allocation process works
Key points on allocation:
- Annual numerical limits are set by US federal law; the regular cap is 65,000 visas with an additional 20,000 allocated to beneficiaries with a US master’s degree or higher (the “advanced degree exemption”).
- Certain categories are exempt from the cap, for example petitions filed by institutions of higher education, related or affiliated nonprofit entities, nonprofit research organisations, and governmental research organisations.
- USCIS conducts electronic registration followed by a lottery when registrations exceed available visas. Employers must register within the announced registration window.
- If an initial registration is selected, the employer submits a full H‑1B petition (Form I‑129) and supporting documentation. Selection does not guarantee approval — the petition must meet substantive eligibility requirements.
Core eligibility and employer obligations
For a successful H‑1B petition, employers and beneficiaries must address both immigration and labour components:
- Labour Condition Application (LCA): Employers must file an LCA with the US Department of Labor attesting to wages, working conditions and notice obligations and obtain certification before filing the H‑1B petition.
- Specialty occupation and qualifications: The role must typically require a degree or equivalent, and the beneficiary must possess the required qualifications (by degree, credential evaluation, or experience equivalence where applicable).
- Wage obligations: Employers must pay at least the applicable prevailing wage for the occupation and geographic area.
- Duration and extensions: H‑1B status is generally granted for up to three years and can be extended to six years; longer periods are available in limited circumstances (eg, certain pending green card processes).
- Portability and consular processing: Selected beneficiaries may seek change of status in the US or obtain a visa at a US consulate abroad; each path has different procedural considerations.
Practical checklist for employers and applicants
- Confirm job meets specialty occupation requirements and determine prevailing wage.
- Gather beneficiary academic records, evaluations and any evidence of equivalent experience.
- Prepare and file the LCA with the Department of Labor and obtain certification.
- Register electronically with USCIS during the registration window and monitor results.
- If selected, prepare a complete I‑129 petition package and respond promptly to any USCIS requests for evidence.
- Plan for consular processing timelines or change‑of‑status logistics, including travel and start dates.
Jurisdiction and sources
This note summarises US federal H‑1B rules and practice. Primary official sources include:
- US Citizenship and Immigration Services (USCIS)
- US Department of Labor (DOL)
- US Department of State (DOS)
- Federal Register and Code of Federal Regulations for statutory and regulatory texts
For organisations in England and Wales considering US recruitment or transfers, early planning is essential because registration windows, lottery outcomes and consular availability can materially affect business timelines.
General information only; not legal advice and not a substitute for advice on a particular matter.
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