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The United States visa system can often seem arbitrary, unfair, or biased. A lot of this sentiment comes from the quota system implemented by the government that limits the number of visas that can be issued to citizens of a single country. Currently, no more than seven percent of all visas issued can go to citizens of a single country.

The idea of this quota is to promote diversity and prevent bias against smaller or less resource-rich countries. Unfortunately, the outcome is often biased against larger countries with more skilled workers and often disproportionately impact Asian communities and Mexican nationals. Accordingly, Naperville visa quotas might be something worth talking to an immigration attorney about, if you are concerned they may affect your immigration status or that of a family member. En Español.

H-1B Visa Quotas

One of the most commonly known visas with a quota is the H-1B. The H-1B is an employment-based visa that allows American companies to sponsor highly skilled foreign nationals for up to three years at a time.

The United States government limits the total number of H-1B visas available in any given year to 85,000. This limitation means that the government will only accept 85,000 H-1B petitions in any given year for qualifying petitioners who are subject to the H-1B visa cap.

However, there are additional “cap-exempt” ways to get an H-1B, such as by working for a non-profit or a university. These types of employers may bring over highly skilled workers in specialty occupations under an H-1B visa without being subject to the maximum limit of 85,000 visas.

Changes to the H-1B in 2019

In 2019, the government changed a few things about the way it processes H-1B visas. That change will begin to affect Naperville visa quotas starting in 2020.

Previously, the government would set aside all H-1B applicants who held a U.S. master’s degree and randomly choose 20,000 qualifying petitions from that batch. Then, any remaining holders of U.S. master’s degrees would be rolled over into the general applicant pool. From there, the government would randomly choose from the remaining 65,000 qualifying petitions.

As of 2020, that order will switch. This means that the government will grant 65,000 qualifying petitions from a general pool first and then enter any remaining qualifying petitions from U.S. master’s degree holders into a separate lottery, from which the government will randomly choose 20,000 petitions.

While this may not seem like a significant change, something as small as switching the order of these two events is likely to have a considerable impact on those who would apply for this type of visa. Under the old method, having a U.S. master’s degree would only boost your chances of approval slightly, but this new system gives master’s degree holders more opportunity to be selected from the total applicant pool.

Discuss Visa Quotas in Naperville with a Qualified Attorney

The process of understanding and gaming the visa application process can be tricky, but immigration attorneys could help you find the surest path to a visa. Whether it is dealing with an H-1B cap or overcoming another quota hurdle, legal counsel could help formulate legal strategies and give advice on how to move forward.

There may be ways that you can boost your chances of getting a visa and strengthen your petition. Call today to learn more about Naperville visa quotas.

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