Devoted to Corporate Attorneys, Corporate Lawyers, and Corporate Counsel

The following is not meant to be legal advice.

There is a cap on H-1B visas that can be issued each fiscal year.  If a person already has a H-1B visa from one company, and switched companies, the person is already counted.  Those who get shut out, would need to leave the country, try to go to school to get another degree, or try to apply for another immigration category.  This is why recruiters may not like to hire people with immigration issues.

In dealing with the cap, the employer has to realize there is also a 20,000 cap for advanced degrees from U.S. institutions.  This cap is usually reached within 30 days.

There are free trade visas such as with Singapore. Singapore makes it easy for U.S. companies to go to Singapore for business so the U.S. provides free trade visas to those from Singapore to come to the U.S.  The cap for Singapore visas is pulled from the H-1B cap.