To see our website filtered by a specific destination, select the country: You are viewing content related to . To view a specific destination, . To view a specific 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.

Pherry AshMalt Avatar

Pherry AshMalt

I won’t go into detail for privacy, but I was in a very bad situation where almost no lawyer would work with me or even provide me with legal counsel on my case. I was terrified of being removed from the country, but with the help of the professionals at VisaPlace, they were able to help me and I was allowed to stay. The relief I feel is immense. Thank you to the amazing team.

Walter J. Avatar

Walter J.

I was frustrated after talking to several different immigration firms. Many just didn’t seem honest or upfront. However, a friend recommended VisaPlace to me, and I am glad they did. I worked with a lady and she was very knowledgeable and explained the process to me. She was so essential for the immigration process. I would definitely go back to her if i needed any further support.

Marco Tame Avatar

Marco Tame

I’d like to be clear that I’m somewhat of a skeptic, especially when it comes to investing time and money into a new venture. I’m originally from the UK but I made the decision to migrate to Canada after meeting my girlfriend online six months ago. I know the process is going to take time, but I wanted legal counsel to make sure I approach the process in the most efficient way possible – I HATE wasting time. My consultation over the phone was informative and eased some of my initial concerns about potential hiccups. The lawyer I worked with was good about getting back to me, although occasionally she couldn’t be reached due to being in court – that was fine, she typically followed up relatively quickly. I’m now well within the process of immigrating and I have appreciated having the legal support.

Michael Her Avatar

Michael Her

It was pretty easy to make an appointment with visaplace. I have seen some people complain about the pricing, which is odd because in comparison to other firms, their rates are relatively fair. They were also honest and upfront with the complexities of my case and gave me the option to decide whether or not I wanted to move forward. I did end up moving forward and things have been going according to what we discussed. I am relieved to know there are honest professionals out there who won’t over-promise you things they can’t deliver.

Morgan Whitaker Avatar

Morgan Whitaker

I had a bad experience with a previous firm so I was hesitant to reach out to another to get my wife into the country. But, I needed guidance. After a consultation with VisaPlace, I was put at ease. The process was smooth and they were usually quick to respond. If they couldn’t respond to me that day, they always followed up with me, which I appreciate.

Joan Whittington Avatar

Joan Whittington

UPDATE: I am choosing to update and not remove my original post so others will see that they do seem to care about the success of their clients cases.
After posting my initial review I was contacted by a senior consultant that took ownership of the lack of progress on my case on their end. I am updating because they are trying to make a difference and I have now been assigned a team that contacted me in one business day and gave me all of the paperwork I need to get started on for processing. At this point I am very satisfied and am hopeful my case gets resolved in a timely fashion and in a professional manner.

Initial Post: I had an appointment 2+ weeks ago and spoke with someone that was supposed to send a follow up email but have yet to hear back from her. She wanted to get my credit card info for payment but I had to wait for it to clear another payment. They are very irresponsible and not professional. Would not recommend.

Gregory Larocque Avatar

Gregory Larocque

I had a fantastic experience with Brenda! I was very anxious about my status for an upcoming trip to the U.S and Brenda managed to really ease my nerves. She gave exceptional customer service and she made my day. I truly had an incredible experience. I would recommend Brenda to anyone and everyone!