Share on LinkedInShare on LinkedIn

ARTICLE · 24 AUGUST 2021

It's Time To Increase The H-1B Cap Again

Lippes Mathias LLP
Explore more from Lippes Mathias LLP

This year, FY 2022, was a particularly bad year for H-1B cap lottery applicants. The total number of H-1B cap registrations surpassed 300,000 (308,613).

United StatesImmigration
Andrew M. Wilson
Andrew M. Wilson

This year, FY 2022, was a particularly bad year for H-1B cap lottery applicants. The total number of H-1B cap registrations surpassed 300,000 (308,613). This represented a 12% increase from FY 2021. If you do the math, this year's H-1B cap selection rate was about 28%. That is inching towards a 1 in 4 shot for these H-1B cap applicants and their employers.

It is time to revisit the 85,000 H-1B cap annual quota. The base number of 65,000 was set more than 30 years ago in 1990 - with another 20,000 for advanced degree holders from a U.S. university added 15 years ago in 2006.

Addressing the imbalance and raising the H-1B cap is not unprecedented. It was elevated to 115,000 for the years 1999 and 2000, and subsequently up to 195,000 for 2001-2003. Based on the current demand, why not do this again?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

DHS Proposes $70,000 And $30,000 Fees For F-1 Optional Practical Training

The Department of Homeland Security has proposed a controversial new rule requiring SEVP-certified schools to pay substantial fees—$70,000 for a student's first Optional Practical Training recommendation and $30,000 for each subsequent OPT application, including STEM extensions. With only a 30-day comment period and potential annual costs reaching up to $16.5 billion across nearly 2,500 affected institutions, the proposed regulation is expected to face significant legal challenges if finalized.
United StatesImmigration
Duane Morris LLP
Duane Morris LLP
Article

Department Of State Announces Compliance With Court Order Ending Diversity Visa Issuance Pause

Following a federal court order in Medani v. Trump, the U.S. Department of State has resumed issuing Diversity Immigrant Visas after a nine-month pause that began in December 2025. DV-2026 selectees now face a critical deadline of September 30, 2026, to complete their visa processing or permanently lose their opportunity for permanent residence through the diversity visa lottery program.
United StatesImmigration
Greenberg Traurig
Greenberg Traurig