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OfficialUSCIS — H-1B Specialty Occupations · Last verified
The H-1B cap: 65,000, the master's exemption, and who is exempt entirely
Most new H-1B petitions go through an annual numerical cap and an electronic registration. Some employers are outside it altogether.
The two numbers
Congress sets the regular H-1B cap at 65,000 per fiscal year. A further 20,000 are available to people who hold a master's degree or higher from a U.S. institution of higher education, which is usually called the master's cap or the advanced degree exemption.
Source: USCIS — H-1B Specialty Occupations · in effect from 2004-10-01
Registration
Employers submit an electronic registration for each person during a registration period announced by U.S. Citizenship and Immigration Services, normally in March. Only selected registrations may go on to file a full petition. Check the USCIS H-1B page for the current year's dates before relying on any of them.
Source: USCIS — H-1B Specialty Occupations · in effect from 2004-10-01
Selection is weighted by what the job pays
When registrations exceed the cap, selection is no longer a flat draw. Under the weighted selection rule in effect since 27 February 2026, each registration receives a number of entries based on the wage level the offered wage corresponds to for that occupation and area: the highest level receives four entries, the next three, then two, then one. More entries means a proportionally better chance, so the same person applying for a higher-paid role is more likely to be selected than for a lower-paid one. The registration is still a draw and a high wage level guarantees nothing. The first cohort chosen this way was selected in the March 2026 registration period, so this is the rule now rather than a change still to come.
Source: USCIS — H-1B Specialty Occupations · in effect from 2004-10-01
Cap-exempt employers
Institutions of higher education, nonprofit entities related to or affiliated with them, nonprofit research organisations and governmental research organisations are exempt from the numerical cap. A petition filed by a cap-exempt employer does not go through the lottery and can be filed at any time of year.
Source: USCIS — H-1B Specialty Occupations · in effect from 2004-10-01
Official
Frequently asked questions
- Does a US master's degree guarantee selection?
- No. It adds a second chance at 20,000 additional numbers on top of the regular 65,000. It improves the odds; it does not remove the lottery.
- Can a university hire me on an H-1B outside the lottery?
- Yes. Institutions of higher education and their affiliated nonprofits are cap-exempt, so they can petition at any time without going through the annual registration.