Call Today to Get Started With Your Visa!
15+ Years of High Success Rates

H-1B Quota for 2018

The H-1B is a type of non-immigrant visa foreign workers can receive through the U.S. Immigration and Nationality Act. The H-1B visa allows U.S. employers to provide temporary workers with jobs in specialty occupations. Under this visa program, if the worker is fired or quits they must either find a new job, apply to change their immigration status or leave the United States.

According to the regulations governing this visa program a “specialty occupation” is a job requiring the application of highly specialized knowledge for which a bachelor’s degree or some equivalent level of training and certification is required. The H-1B visa is commonly used to hire foreign nationals to work in accounting, architecture, biotechnology, business specialties, chemistry, engineering, health, law, mathematics, medicine, physical and social sciences, theology, and the arts. Fashion models “of distinguished merit and ability” may also receive H-1B visas.

Duration Of Stay

Workers with an H-1B visa may legally remain in the U.S. for up to three years. Their stay can be extended to six years. In certain circumstances, there are exceptions made to the maximum length of their stay. Foreign nationals working for the Department of Defense have can remain in the United States for as long as ten years. Workers from certain countries have a maximum period of stay that’s less than three years.

Yearly Numerical Cap

Congress has set a limit on the number of foreign nationals that may enter the United States each year via standard H-1B visas. Currently, that number is 65,000. An additional 20,000 foreign workers that have a master’s degree or higher issued from an American university can receive an exemption from this limit. Free Trade Agreements have set aside 1,400 H-1B1 visas for people that are Chilean nationals. Plus 5,400 H-1B1 visas are reserved for Singapore nationals. When those totals are not used, they are added to the exemptions to the H-1B quota for 2018.

Accepting Applications

The U.S. Citizenship and Immigration Services starts accepting applications beginning in April on the first day of business. Those visas count as part of the fiscal year which begins in October. USCIS accepts H-1B visa applications within 6 months of the start date that’s requested. People holding cap-subject H-1B status and those that have had H-1B status during the past six years do not count against the annual cap.


Each year in April the H-1B season begins for the upcoming federal fiscal year. On October 1st employment authorizations are granted. The earliest applicants can apply is on the first weekday of April because of the six-month window for pre-employment application limit. Those applications apply to the cap-subject H-1B for the next year’s allotment. Once the limit on cap-subject application has been reached, a random selection process called the H-1B lottery begins. People with the U.S. master’s exemption are given two chances for selection in the lottery.

Recent Changes

Reforms to the H-1B visa program were recently proposed by the White House. Those changes could make it easier for families coming to the U.S. to get tech sector jobs. The changes would enable the spouses of some people holding H-1B visas to work in the U.S. if the H-1B visa holder is applying for permanent residence. Tech companies in the United States have been calling for the changes for some time.

It is time to apply for the H-1B Visa for this year. Please contact the Law Offices of Sweta Khandelwal should you require any assistance in the understanding the H-1B quota for 2018, assistance applying for an H-1B Visa or any other immigration matter.

Share This Story, Choose Your Platform!

Recent Posts

J1 Visa

J-1 Visa Waiver : Application, Process & Eligibity

Embarking on a journey with the J-1 Visa? This guide provides a brief yet comprehensive overview of the J-1 Visa application, process, and eligibility criteria. Whether you’re a prospective participant or a sponsor, unravel the key steps and requirements to


How to Choose an Immigration Attorney? Easy Guide

The United States immigration system is complicated, confusing, and often frustrating.  That is why choosing the right immigration attorney is crucial to achieving a successful outcome for your case.   Selecting an immigration attorney to help you can be overwhelming and

Marriage green card interview

Preparing For Marriage Green Card Interview

Preparing for your Marriage Green Card interview? We’ve got your back! In this quick guide, we’ll help you get ready smoothly. Let’s make sure you’re well-prepared for a successful interview. Dive in for essential questions and tips to ease your


Sweta Khandelwal

Sweta completed her Masters in Law from the University of California, Los Angeles and her JD from the Faculty of Law, Delhi University in India and has been practicing law for 15+ years getting visas, green cards, and citizenship for 1000+ clients, 100+ companies across 50+ nationalities.

Sweta has been recognized as a ” Super Lawyer, Rising Star,” and as amongst the ” Top 40 under 40″ immigration attorneys in California (American Society of Legal Advocates). She is also the recipient of the Advocacy Award by the American Immigration Lawyers Association.

Sweta is also a chartered accountant — the equivalent of a CPA. This makes her uniquely positioned to understand the immigration needs of her business clients in the broader context of their corporate objectives.

Sweta is actively involved with immigration issues and immigrant communities in various capacities. She has assumed key roles at the American Immigration Lawyers Association (AILA), both at the local and national level. She has been a past chair at the Santa Clara Valley Chapter at AILA and has also been involved in various practice area committees at AILA National. Sweta has addressed multiple conferences/forums in the United States and worldwide on immigration and business issues.

San Jose Office

95 South Market Street, Suite 410, San Jose, CA 95113
Phone: (408) 542-0499

San Francisco Office

404 Bryant Street, San Francisco, CA 94107 Phone: (408) 317-4662

San Jose Office

2225 East Bayshore Road, Suite 200 Palo Alto, CA 94303
Phone: (408) 317-4662

Contact Us