New Ukraine to Canada program announced: Learn about the Canada-Ukraine Authorization for Emergency Travel (CUAET), the new temporary Canadian visa option for Ukrainians. Live, Work, and Study in Canada for Ukrainians under the CUAET!Learn More
To see our website filtered by an specific destination, select the country: You’re seing the content related to that we can help you with immigration journey. If you want to see a specific destination, immigration journey. If you want to see a different destination, click here

US Immigration Reaches H-1B Visa Cap for 2022

By Casey April 13, 2022 (Updated April 18, 2022) 5 min. read

As of early March 2022, the US has received enough applications to meet the federally mandated 65,000 H-1B visa ceiling for the fiscal year 2022.

The H-1B visa is a non-immigrant visa that permits US businesses to hire foreign employees in specialized vocations that require theoretical or technical knowledge. Every year, technology businesses rely on it to hire tens of thousands of workers from nations such as India and China.

This year, the USCIS was required to hold three visa lotteries in order to reach the mandated quota of 65,000 normal visas and 20,000 master’s visas. The agency had also performed two lotteries the previous year, which was uncommon. After the first round of choices, the USCIS usually gets a sufficient number of applications. Because there were insufficient applicants after the first lottery, the US immigration office held a second random selection in July 2021.

The USCIS operates on an October to September calendar, thus candidates chosen for FY2022 would be able to begin employment in October 2022. It said in November that it will hold a third lottery to meet its goal. According to immigration experts, this is due to fewer companies following through on their applications after being accepted, with staff continuing to work remotely.

According to the USCIS, applications that are otherwise exempt from the cap will continue to be accepted and processed.

“Petitions filed for existing H-1B employees who have previously been counted against the cap and who still hold their cap number are exempt from the FY 2022 H-1B cap,” the government agency stated.

In the meantime, the USCIS will continue to accept and process petitions to prolong the length of time an existing H-1B worker may stay in the US, adjust the employment terms for current H-1B workers, allow current H-1B workers to change employers, and permit current H-1B workers to work simultaneously in additional H-1B positions.

What Are the Other Visa Options Besides H-1B?

Below, we have mentioned some of the most common H-1B alternatives. It should be noted that the list is not designed to include all potential visa kinds and circumstances under which an employee might be lawfully hired. Our objective is to provide our clients and readers with a list of some of the most prevalent solutions.

Automatic Waitlist and Second Chance Lottery in Summer

Selected H-1B cap registrants that did not submit an H-1B petition by the June 30, 2022 deadline will be assigned to wait-listed (non-selected) registrations. As a consequence, an H-1B registrant that was not chosen in the first March lottery may be chosen and encouraged to submit an H-1B petition later in the summer, most likely in July or August.

We anticipate that a significant percentage of selected H-1B registrations will be unable to submit an H-1B petition; as a result, we estimate that an H-1B cap registration that was not initially picked in March may be selected in the summer during a subsequent lottery period, in July.

An existing H-1B cap registrant does not need to take any action to be eligible for the “second chance” lottery in July — this will happen automatically. Furthermore, given a large number of non-chosen registrations, the possibility of an H-1B registration being picked via the second chance lottery is quite low.

Cap-Exempt H-1B

A variety of companies may be cap-exempt and so eligible to file an H-1B petition at any time. A cap-exempt employer is (1) a higher education institution, (2) a nonprofit entity associated or affiliated with a higher education institution, or (3) a nonprofit research organization or a governmental research agency. Even if the actual H-1B employer does not fulfill these standards, a cap-exemption case can be established if the H-1B worker will be placed at the site of a cap-exempt firm. Please consult our employer guidance for cap-exempt H-1B visas. As a result, numerous educational institutions, non-profit organizations, and research organizations may be eligible to file cap-exempt H-1B petitions.

O-1 or P-1 Extraordinary Ability Visas

O-1 visas and P-1 visas are often designated for those with exceptional aptitude in the sciences, arts (including television and film), education, business, or athletics. By definition, not many people qualify for one or both of these visa classifications, but when possible, an O-1 and/or P-1 application should be completed in lieu of an H-1B. In addition to the ability to get work permission under these visa categories, O-1 and/or P-1 acceptance may serve as the foundation for a later application for EB-1 category permanent status.

L-1 Intracompany Transferee

The L-1 visa category permits multinational corporations with a global presence to move staff from their foreign operations to their U.S. office (or to establish a new U.S. office). This visa type is a fantastic choice for international companies looking to start or expand their presence in the United States, as well as for foreign nationals who are presently working overseas. Foreign nationals who are already in the United States are typically ineligible for an L-1 visa. An additional benefit of the L-1 visa is that family members are eligible for work authorization under L-2 status.

TN for Canadian and Mexican Professional Workers

The TN visa classification is an option offered to certain Canadian and Mexican nationals in specified vocations. It is offered to Canadian and Mexican nationals who would work in one of the authorized vocations in the United States. The TN visa does not have a cap and may be obtained rather simply, either at the border (for Canadians) or by filing a petition with USCIS.

Are You Interested in Applying for an H-1B Visa Alternative?

All our cases are handled by competent and experienced immigration professionals who are affiliated with VisaPlace. These professionals consist of lawyers, licensed paralegals, and consultants who work for VisaPlace Legal an award-winning immigration firm that adheres to the highest standards of client service.

Have a Question related to your Immigration Needs?

Fill out the FREE Immigration Assessment form and get a response within 24 hours to see if you’re eligible.

The assessment form should take approximately 5-7 minutes to complete. We will get back to you within one business day to let you know if we are able to help.

Peter Gianakas Avatar

Peter Gianakas

I had a great experience with Andrew Diamond from The Visa Place. Andrew was very knowledgable and helped us every step of the way. When we had a discrepancy with my spouse’s Visa Andrew helped us navigate the system in the USA. He even offered to speak directly to the customs and border control officer to help us iron out the situation. Overall the experience was very good and smooth. I highly recommend Andrew and his services at The Visa Place.

Vanessa Gomes Avatar

Vanessa Gomes

I spoke with Lilly last week and she’s incredible. Very informative and you can tell she definably cares about her job. She wasn’t pushy at all and she’s there to help you figure out if this service is right for you. I’d recommend contacting VisaPlace if you’re thinkin of traveling internationally and you have questions about the different types of permits.

TK B Avatar

TK B

Great firm. They helped me with my visa at a reasonable cost. They were very responsive and most importantly compassionate about my situation. I have no hesitation to recommend them to others

Nirmal Singh Avatar

Nirmal Singh

Really the best immigration law firm. I got visa with their help, they helped me at every step. They answered every single question. I ‘d recommend 10/10

Krista Sparkes Avatar

Krista Sparkes

Extremely satisfied with the professionalism, expertise, efficiency, speed and thoroughness at which my file was managed. Fadi & Danielle are true class acts! Their response times were fantastic (especially during a high-stress period), their quality of work was phenomenal, and their willingness to go the extra mile (without hidden costs, no less!) to prepare me for my work permit interview was unmatched. I strongly recommend VisaPlace to anyone seeking legal counsel as it relates to cross-border services. Highest Regards, Krista

ksaumure Avatar

ksaumure

Very good personal experience with this law firm. I am a Canadian and had overstayed a visa in the US and received a bar. Attorneys and staff were extremely knowledgeable. I was given accurate information with no false hopes. My case was completed and approved 3 months faster than expected. Overall, very satisfied with this firm and would highly recommend them. When you are in need of immigration assistance, it can be grave and critical to get help from someone who can be trusted – this firm is certainly trustworthy and will do whatever they can to get your case approved.

EDIT: Another great experience 5 years later with waiver renewal/lifting of my bar from the US. Very reasonable fees for the challenge of dealing with US immigration during Covid and new immigration laws. Another successful outcome with only a minor snag (not related to lawfirm). My bar was lifted and I am now free to travel to the US at will. Very satisfied.

Allan Karumazondo Avatar

Allan Karumazondo

Thank You VisaPlace for your assistance in my study permit and a special mention To Alejandra,Nadia,Victoria and Khushboo . You are professional and make the process so easy and you provided me with answers to my questions through out the process. Thank you and I recommend you try this guys they are a team of professionals

VisaPlace is the perfect place to start your path to immigration.