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As the U.S. does not have a “skilled worker” visa like many other countries, the H-1B program is one of the only accessible ways for domestic employers to hire foreign, nonimmigrant labor in specialty occupations. The current statutory limit on new H-1B visas is 65,000 per fiscal year, with an additional 20,000 available for foreign individuals who have graduated with a master’s or doctoral degree from an institution of higher education within the U.S.

A proposed Department of Homeland Security (DHS) rule could herald significant changes to the H-1B specialty occupation worker program.

Applicants with advanced degrees from U.S. institutions of higher education who are seeking H-1B visas will be the beneficiaries of a new rule announced by the Department of Homeland Security last week. The rule change reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular cap and the advanced degree exemption.  

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that it had reached the congressionally mandated 65,000 visa H-1B cap for FY 2018, just five days after opening the application process. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. This year, petitioners were unable to apply for premium processing, which has been temporarily suspended. USCIS has also received “a sufficient number” of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s cap.