MN H-1B Cap Attorney


Over the years, the number of H-1B workers entering the United States has changed greatly, prior to 1990 there was no set number, in 1998 the cap was set at 115,000 and then in the year 2000 the cap was raised to 195,000. However, because of the increasing amount of international students, the H-1B cap has decreased to 65,000 with a separate 20,000 spaces for people that have studied at, and attained advanced degrees from universities within the United States.

Not all places of employment that hire international residents actually fall under the H-1B umbrella. For example, if you are employed “at” or at a located that is “affiliated with” or “related to “either a nonprofit, government research institution, or university, you are not a part of the H-B1 cap. This also applied to physicians who have received “J waivers”.

It is important to be aware that if your employer submits a petition for an H-1B change of status while your Optional Practical Training is still going on, your OPT will be extended until the petition is either accepted or denied. If this change of status is approved then your OPT status will be change to H-1B automatically on the first of October.

We welcome your call today at 952-361-5556 (or fill out the free case evaluation form below) to help you through the legal issues of your H-1B Cap case.

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