H-1B visas are limited to 65,000 per year. However, certain cases are exempt from the cap. This numerical limit is further reduced by free trade agreements that specifically allocate 6,800 H-1B visas for nationals of Singapore and Chile, making only 58,200 visas available in the standard H-1B pool. After the H-1B cap is reached, private employers cannot hire new temporary professional workers in H-1B status for the 2013 fiscal year.
The following cases are exempt from the H-1B cap: 1) extensions for current H-1B workers, whether for a new or existing employer in sequential employment situations; 2) concurrent employment in a second H-1B position; 3) amended petitions; 4) H-1B employment for nationals of Chile or Singapore; 5) petitions for new employment at an exempt organization such as a nonprofit research organization, an institution of higher education or an affiliated nonprofit entity; and 6) 20,000 H-1B visas for graduates of U.S. universities who have earned a masters or higher degree. Full story
