How USCIS Determines If an H-1B Petition Is Subject to the FY 2017 Cap
USCIS employees use the information provided in Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement to help us determine if a petition is subject to the congressionally mandated cap of 65,000 H-1B visas.
An advanced degree exemption is available for the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Once that limit is reached, any petitions filed for beneficiaries with a U.S. master’s degree or higher will be subject to the regular cap, unless exempt for other reasons.
Where do I find it?
| What version of Form I-129 are you using? | Find Sections 2 and 3 (or Part C) of the H-1B Data Collection and Filing Fee Exemption Supplement on: |
|---|---|
| Revision date of Aug. 13, 2015 | Pages 19-21 |
| Revision date on/after Oct. 23, 2014, but before Aug. 13, 2015 | Pages 19-21 |
