H-1B Master’s Cap Explained: Advanced Degree Advantage for Foreign Professionals
Foreign professionals who hold advanced educational degrees can benefit from filing under the H-1B advanced degree exemption, commonly referred to as the “master’s cap.” This special exemption provides an additional pathway to increase your chances of selection during the highly competitive H-1B visa process. Many applicants are unaware of this opportunity, but understanding how it works could significantly impact your success. Below, the immigration attorneys at Green Card Link explain the H-1B master’s quota for the 2020–2021 season and how degree holders can maximize their chances.
H-1B 2021 Quota: Background and Registration Process
Each fiscal year, U.S. Citizenship and Immigration Services (USCIS) sets the H-1B visa cap. For the 2020–2021 season, the regular H-1B cap limit was set at 65,000 registrations, with an additional 20,000 registrations reserved for U.S. master’s degree holders under the advanced degree exemption.
Transition to Online Registration
In previous years, employers submitted Form I-129 petitions directly to enter beneficiaries into the lottery. USCIS would then select petitions at random and return unselected petitions and fees. However, this system has changed.
Under the updated process, employers (sponsors) must now use USCIS’s online registration system. Sponsors are required to:
- Create an account in the USCIS registration portal.
- Submit one registration per beneficiary during the designated period.
The 2021 registration window opened on March 1 and closed on March 20. Submissions made outside of this window were ineligible. After the window closed, USCIS conducted the lottery, and selected registrations allowed employers to move forward with filing Form I-129 petitions.
Reordering of the Master’s Cap
Another major change introduced in recent years was the reordering of how the master’s cap lottery is conducted.
- Previous system: USCIS conducted the master’s cap lottery first. Unselected applicants were then rolled into the regular lottery, forcing them to compete against hundreds of thousands of applicants.
- Current system: The regular cap is now conducted first. This ensures that some advanced degree holders are chosen during the initial regular lottery. All unselected master’s degree registrations are then re-entered into the master’s cap, which increases the overall odds of selection.
This change is designed to enhance opportunities for U.S. master’s degree holders and give them a competitive advantage.
Master’s Cap Eligibility Requirements
To qualify for the H-1B advanced degree exemption, applicants must have earned their degree from an eligible U.S. institution. Specifically, the institution must be:
- Located in the United States.
- A public or non-profit educational institution.
- Accredited by a nationally recognized accrediting agency.
If your degree comes from an unaccredited or for-profit institution, USCIS will deny your petition. Importantly, this also disqualifies you from consideration under the regular cap.
Examples of recognized accrediting bodies include:
- Accrediting Commission of Career Schools and Colleges
- Accrediting Council for Continuing Education and Training
- Accrediting Council for Independent Colleges and Schools
Because an institution’s accreditation status can change over time, applicants must verify their school’s current standing. For instance, Mountain State University lost its accreditation in 2012, meaning its graduates are no longer eligible for the master’s cap.
H-1B Master’s Quota 2021: Step-by-Step Process
Here’s how the H-1B master’s cap lottery works:
- Master’s Cap Lottery: USCIS randomly selects 20,000 registrations from the master’s pool.
- Regular Cap Lottery: Any unselected master’s degree registrations are rolled into the regular lottery, which selects 65,000 petitions.
- Status Updates: Selected applicants will see their status updated to “Selected.”
- Unselected Registrations: If not chosen, the status remains “Submitted” until the end of the fiscal year. Duplicate filings are prohibited and will disqualify the applicant.
Two Chances at Selection
One of the greatest advantages of the master’s cap is the “two bites at the apple” approach. As a master’s degree holder, you are entered into both lotteries:
- The regular lottery first.
- If not selected, the master’s cap lottery as a second chance.
This dual opportunity significantly increases the probability of selection compared to applicants who only qualify for the regular lottery. However, failure to meet eligibility requirements—such as having a degree from a non-accredited or foreign institution—will prevent you from being considered in either lottery.
Why Work with an Immigration Attorney at Green Card Link
Because of the complex eligibility requirements and strict USCIS procedures, it is highly recommended to consult with an immigration attorney at Green Card Link before filing. Working with experienced immigration attorneys ensures:
- Verification of your institution’s accreditation status.
- Accurate registration submissions without duplicates.
- Proper preparation of Form I-129 if your registration is selected.
- Maximized chances of success through careful legal guidance.
H-1B Master’s Cap 2021: Options, Process, and FAQs
Don’t Qualify for the H-1B Master’s Quota? Here Are Your Alternatives
If you don’t meet the requirements for the H-1B master’s quota for 2020–2021, you still have several other options available:
- Previously Counted Under the Cap: If you have already been counted in the H-1B cap in the past, you are considered cap-exempt.
- Citizens of Singapore or Chile: Thanks to the Free Trade Agreement, 6,800 visas are reserved specifically for applicants from Singapore and Chile.
- Cap-Exempt Employers: Certain employers qualify as cap-exempt, such as nonprofit organizations, institutions of higher education, and governmental research centers.
In fact, many cap-exempt positions include roles like researchers, research assistants, analysts, biologists, nurses, and occupational therapists. If you’re exploring one of these positions, it’s critical to confirm that the employer itself qualifies as cap-exempt before moving forward.
My Master’s Cap Registration Was Selected — What Happens Next?
If your registration is selected, the next step is to file Form I-129 with USCIS, along with all required supporting documentation and H-1B filing fees. Remember, USCIS will only accept a petition if the registration has been validly selected. If your online status still shows “Submitted”, filing an I-129 will result in rejection.
Once your petition is filed, processing times may vary widely — from just a few weeks to as long as six months, depending on the workload of the USCIS service center. While premium processing can shorten this to 15 calendar days, it won’t allow you to start working before October 1st, the first day of the new fiscal year.
If USCIS approves the petition, the beneficiary can begin working on October 1st. If a Request for Evidence (RFE) is issued, the employer must respond promptly and accurately to avoid delays or denials.
What If Petitions for Selected Registrations Are Denied?
Even though USCIS selects 85,000 registrations in the lottery, some will inevitably be denied or withdrawn. To fill these vacancies, USCIS will select additional registrations.
Your online account will display one of four possible statuses:
- Selected: Your registration was chosen, and you may file a petition beginning April 1st.
- Denied: Your registration was disqualified, often due to duplicate filings for the same individual.
- Not Selected: Your registration was not chosen for the year’s cap. This status typically appears after October 1st.
- Submitted: Your registration was received but not initially chosen. However, it may still be considered later if USCIS needs to replace denied or withdrawn cases.
How Does USCIS Calculate the H-1B Cap?
USCIS uses a formula to determine the annual H-1B cap:
2021 Cap = 65,000 (regular cap) – 6,800 (H-1B1 Singapore/Chile exemption) + unused visas from prior years + additional slots from denied or withdrawn petitions
H-1B Filing Fees for 2021
The fees remain consistent with prior years:
- Form I-129 filing fee: $460
- Public Law 114-113 fee: $4,000 (for employers with 50+ employees where more than half are on H-1B or L-1 status)
- ACWIA education and training fee (amount varies by employer size)
- Anti-Fraud fee: $500
To understand your full fee obligations under the 2021 H-1B master’s cap, consult with an immigration attorney at Green Card Link.
H-1B Master’s Cap 2021 – Frequently Asked Questions
Why does USCIS use a lottery system?
The lottery ensures that no more than the statutory number of H-1B visas are granted each year, as demand far exceeds availability.
What are cap-exempt petitions?
Cap-exempt petitions can involve extending an H-1B worker’s stay, changing employers, or adjusting employment terms. Employers like nonprofit organizations, higher-education institutions, and government research facilities also qualify as cap-exempt.
Note: The “master’s degree exemption” is not truly cap-exempt. Instead, it gives applicants two chances — first under the master’s cap, and if not selected, under the regular cap.a
Can I self-petition for an H-1B with an advanced degree?
No. An H-1B petition always requires an employer-employee relationship. Sole proprietors cannot self-petition for H-1B status.
What does “employee-employer relationship” mean?
Your sponsor must demonstrate control over your job duties, wages, and overall employment. Proving this relationship is crucial for petition approval.
What if I receive a Request for Evidence (RFE)?
An RFE is USCIS’s way of giving you another chance. You may respond fully, partially, or withdraw the application. Failure to respond within the deadline usually results in denial.
What is the difference between petition rejection and denial?
- Rejection: Administrative — often due to incomplete forms, missing fees, or errors.
- Denial: Substantive — USCIS reviews the merits of the case and determines the petitioner does not qualify.
What if my petition is denied?
You may have two options:
- Motion to Reopen: Presenting new evidence that could change the outcome.
- Motion to Reconsider: Arguing that USCIS misapplied the law in its decision.
These motions should only be filed with the guidance of experienced immigration attorneys at Green Card Link.
Does premium processing improve my chances?
No. Premium processing only speeds up USCIS’s decision timeline (15 calendar days). It does not increase your odds of selection or approval, nor does it allow you to begin work earlier than October 1st.
Premium Processing and the H-1B Cap Timeline
Because the H-1B visa is tied to strict filing and employment start dates—April 1st for filing and October 1st for employment—premium processing is not always the best strategy. Even if USCIS approves your petition in just 15 calendar days, you will still need to wait until October 1st to begin working. However, premium processing can be beneficial in certain scenarios, such as when you receive a Request for Evidence (RFE) and must respond quickly to avoid delays.
In past years, USCIS has temporarily suspended premium processing for H-1B petitions in order to prioritize cases filed without that service. While there is no current indication that this will happen again in upcoming filing seasons, applicants should remain aware of this possibility.
It is also important to note that if USCIS fails to process your petition within the 15-day premium processing window after you have filed Form I-907 and paid the required fee, that fee will be refunded, and your petition will continue under regular processing.
Does a Master’s Degree Help with a Green Card Petition?
Holding a master’s degree does not, by itself, guarantee an advantage in securing a green card. However, it can help you qualify for more favorable categories. For instance, the EB-2 green card category is often highly desirable because it typically has shorter waiting times for priority dates. One common way to qualify for EB-2 classification is by holding an advanced degree.
That said, having the degree is not enough—you must also have a job offer that requires that level of education. An immigration attorney at Green Card Link can carefully evaluate your eligibility for EB-2 classification and determine the best pathway to permanent residency based on your educational background and employment situation.
H-1B Holders and a Path to Citizenship
There has been public discussion about potential reforms to the H-1B program, including statements suggesting that highly skilled H-1B visa holders may eventually see a streamlined path to citizenship. While this has generated excitement, there is currently no direct path from H-1B status to U.S. citizenship. The existing process requires first obtaining a green card, maintaining lawful permanent resident status for at least five years, and then applying for naturalization.
Although future executive actions could influence immigration policy, H-1B holders should plan according to current regulations. Consulting with immigration attorneys at Green Card Link can help you map out a long-term strategy tailored to your goals.
H-4 Spouses and Advanced Degrees
An H-1B beneficiary’s advanced degree does not directly benefit their H-4 spouse. While the master’s cap gives the principal applicant additional chances in the H-1B lottery, H-4 dependents gain no separate immigration benefits from the degree.
Additionally, ongoing regulatory efforts may limit H-4 visa holders’ ability to obtain Employment Authorization Documents (EADs). For this reason, it is crucial to consult with an immigration attorney at Green Card Link to determine whether the H-4 visa remains the best option for your family or whether alternative strategies may provide better long-term stability.
H-1B Master’s Cap 2021 – Frequently Asked Questions
Because of the H-1B program’s complexity, small errors can cause costly delays or denials. Below are some of the most common mistakes applicants should avoid:
- Insufficient Job Description: A vague or incomplete job description may fail to qualify as a specialty occupation. Work closely with your employer and an attorney to ensure accuracy and compliance.
- Delays with LCA Certification: If the iCert system does not recognize an employer’s Federal Employer Identification Number (FEIN), pre-verification is required before submitting the Labor Condition Application (LCA). File early to avoid unnecessary delays.
- Failure to Confirm Prior H-1B Status: If the applicant previously worked under H-1B status with a cap-exempt employer, they may not have been counted against the annual cap. Moving to a cap-subject employer would require a new lottery filing.
- Incorrect Start Date on Form I-129: Always double-check that the start date, wages, and job details are consistent and correct.
- Filing with the Wrong USCIS Service Center: Sending the petition to the wrong location or failing to include proper fees can result in outright rejection. Ensure each filing fee is submitted with a separate, signed check.
Related H-1B Master’s Cap Topics
- H-1B Visa Requirements
- H-1B Visa Process
- H-1B Visa Documents
- H-1B Annual Cap
- H-1B Visa Stamping in India
- H-1B Visa Transfer
- H-1B Visa Extension
- H-1B Dependent Employer
- H-1B for Doctors
- H-1B for Nurses
- H-1B for Teachers
How Green Card Link Can Help
From determining whether your institution is accredited to filing your H-1B petition correctly, the process involves many details that can easily overwhelm applicants and employers alike. By working with immigration attorneys at Green Card Link, you can ensure that your case is prepared properly from the beginning, minimizing risks, reducing delays, and increasing the likelihood of approval.
Schedule a consultation with Green Card Link today to receive professional guidance tailored to your specific immigration goals.