Does the 20K exempt count towards the quota?

[faczulin]

Some people say that the 45,000 regular applications filed and 20,000 exempt ones together already fill the 65,000 quota, and some say that the 20,000 exempt applications are not just exempt from the quota, but they also do NOT count towards it. Which is it, the former or the latter? Is the quota about to be met, or are there still 20,000 slots left?

Yes, I do understand that a lot of the applications already submitted are going to be rejected, but obviously the picture is different depending on whether the margin of uncertainty is small or large.

So, how large is the margin? Is it 100 + unknown, or is it 20,000 + unknown?

 

[whitemimauz3]

20,000 numbers are for individuals who has masters or higher degrees from USA. These are on top of 65,000 regular h1b numbers, apart from this there is exempt organization
h1bs which are not subject to any count (regular or masters degree)

 

[faczulin]

Thanks, I just got an independent confirmation of this from a lawyer, the 20,000 does not subtract from the general quota.

Also, in practice the general quota is really only about 58,000 because of various treaties, so there are about 13,000 visas left (plus whatever gets rejected).