The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. An additional 20,000 petitions are allotted to individuals holding advanced degrees at a master’s level or beyond. Check for H1B Visa Process in UT Evaluators
An exemption category is available to U.S. employers that fall into one of the three exemption categories including:
A. Higher education institution
B. Non-profit organization associated with a higher education institution
C. Non-profit research or government organization
It’s important to recognize that there are two overarching classifications of H-1B cap exempt petitions. Those are petitions filed on behalf of cap-exempt candidates and those filed by cap-exempt employers.
Who are H-1B Cap Exempt Candidates?
If you have previously been granted an H-1B cap exemption then, according to USCIS guidelines, you will not be subject to the cap. If in the past you were under H-1B status and are currently outside of the U.S. you might qualify to have an employer file a cap-exempt petition but you must be able to show that you were in status (in the country) in the past six years and haven’t reached your maximum duration of stay. For H1B Visa Process Visit here
For instance, we once had a client who was employed in the U.S. from January 2003 to November 2006. He approached our office wanting to know if he would be eligible to file a new cap-exempt H-1B petition. Unfortunately, since he wasn’t in status the past six years he was required to file the next lottery season.