The fiscal year 2024 (FY2024) H-1B cap season is upon us! While employers are preparing to submit H-1B cap registrations between March 1 and March 17, 2023, they may be told by legal counsel that chances of selection are probably still only about 50%, even if the candidate holds a master’s degree or higher from an eligible U.S. institution and can therefore register for the ’master’s cap' (aka advanced degree exemption or master's exception). While it’s reasonable to predict that with all the big tech layoffs, there will be fewer H-1B registrations than recent years, we still expect demand to outpace the limited H-1B cap numbers available. Since master's cap candidates have a higher chance at being selected, it's important to assess eligibility at the H-1B cap registration stage.
For reference, last year (FY2023), USCIS received over 480,000 H-1B cap registrations. In FY2022, over 300,000 registrations were submitted.
There are only 85,000 H-1B visas available each fiscal year, with 20,000 reserved for workers who have earned a master’s degree or higher from eligible U.S. universities. Employers are advised to assess eligibility for the master’s cap as it will provide the candidate two opportunities to be selected for an H-1B visa: first during the regular cap selection process and then if unsuccessful, the master’s cap registrations get a second chance in the masters cap selection process (which receives fewer submissions than regular cap). The primary advantage of the master’s cap is that it gives those candidates a better chance of having their H-1B registration selected, as compared to those candidates who hold only a bachelor’s degree.
However, if a registration is submitted under the master’s cap for a candidate who does not qualify, the subsequent petition will be denied by USCIS, the cap number lost, as well as the hefty USCIS filing fees.
H-1B Masters Cap Eligibility: To qualify for the master’s cap, all of the following criteria must be met:
The candidate earned his/her eligible master’s degree prior to submission of the H-1B petition. Therefore, the degree does not have to be earned by the time the H-1B registration is submitted (between March 1-17), but it must be earned before the H-1B petition is filed with USCIS (beginning April 1, 2023 until deadline on selection notice, usually June 30).
The master’s degree (or higher) must be from a U.S. college or university. Individuals with master’s degrees conferred by foreign institutions do not qualify.
The degree-conferring U.S. institution must be accredited by a nationally recognized accredited agency or association (pre-accreditation status is acceptable as well). Go here to search the U.S. Department of Education’s database of postsecondary institutions and programs.
The degree-conferring U.S. institution is a public university or a non-profit organization. Beware of for-profit institutions (Strayer University, University of Phoenix and others) as these do not qualify for the master’s cap.
If any of the above criteria are not met, the candidate is not eligible for master’s cap.
As a reminder, prospective H-1B cap-subject employers, including those seeking to file a petition for a beneficiary who is eligible for the masters cap must first electronically submit a registration for each beneficiary on whose behalf they seek to file an H-1B cap-subject petition. A prospective petitioner whose registration is selected is then eligible to file an H-1B cap-subject petition. The key steps and deadlines are summarized here:
Feb 21, 2023 | Create USCIS Employer Account |
March 17, 2023 | H1B registrations opens at 12pm ET |
March 17, 2023 | H1B registrations close at 12pm ET |
March 25-31 | Monitor for Selection Notices from USCIS |
April 1, 2023 | H1B Petition Submissions May Begin |
If you have questions about master’s cap eligibility or the H-1B cap process in general, please get in touch at info@peludimmigration.com.
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