Immigration Blog

Why employers can still file new petitions for H-1B Visa?

By Bill at May 21, 2013 02:21
Filed Under: Immigration News, Tips and Features, Visa Knowledge

The H-1B visa program limits the number of cap-subject petitions to 85,000 each fiscal year. However, why thousands of new LCA petitions for H-1B visa could still be filed after the cap was reached? Why over 300,000 LCA petitions were filed each fiscal year? 

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap also do not count toward the cap. Accordingly, USCIS will continue to process FY 2013 and FY 2014 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

Based on above cap exempt criteria, has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions.