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H1B 'Cap-Exempt' Visas Explained 

Unlimited in number and can be applied for and filed all year round. 

 

Every year, most people focus their attention and efforts solely on the Regular and the ADE H1B visa quotas.

However, there is another 'non-quota' restricted way to obtain H1B visas that most people are unaware of, or forget about amid the flurry and hype over the Regular quota.


Cap-exempt H1B's are unlimited in number and can be applied for all year round. This is a way that Thousands of people continue to find H1B Jobs and can apply for, obtain their H1B visa and start work in the
USA at any time of year. 

Unlike the Regular and ADE H1B visa quotas:

            cap-exempt has No annual numerical limit

            cap-exempt has No set filing dates

           cap-exempt has No set employment start dates

This means that cap-exempt H1B's can be applied for at any time of year AND as soon the application has been approved you can start work immediately.   


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* the H1B "cap" is the quota / number of H1B visas that are available each year.

The "cap exempt" provision of the H1B visa program allows certain
US companies and organizations to employ an unlimited number of H1B workers and apply for H1B's at any time of year (see below for more details).

 

Cap exempt H1B's are available for ALL types of H1B jobs and positions.

This is a great way to find sponsorship jobs and apply for H1B visas all year round.

Cap-exempt is a great way to get your foot in the door and get your first H1B.

Cap exempt is a great way to beat the rush for the Regular quota. 

Once you have an H1B you can then transfer it to a new employer.

Cap-exempt is not quota limited or restricted the same way as the regular H1B quota. 

This way you can file for H1B's and start work in the USA at any time of year. 

All types of jobs and positions are available for cap-exempt H1B visas.


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Certain types of US organizations and H1B sponsorship jobs are ?exempt' from the regular annual quota.
 
 

Cap-Exempt Petitions:

The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability. 
 

Current H1B Workers:

Petitions filed on behalf of current H1B workers do not count towards the congressionally mandated H1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:

           Extend the amount of time a current H1B worker may remain in the United States ;

           Change the terms of employment for current H1B workers;

           Allow current H1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or

           Allow current H1B workers to work concurrently in a second H1B position.   

 

* see below for the types of jobs available within non profits and Universities

 

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What types of H1B Jobs are available within Universities and Colleges ?

A common myth is that you have to be a lecturer or teacher to get a job at a University. This is NOT true - think of a University as a business - they have IT departments, they have finance departments - they have most of the same type of departments as a typical business has. This means all types of jobs are typically available within Universities, and Universities are typically great places to work with great benefits.


* Many Universities also have large medical centers (hospitals) and employ thousands of people in all types of healthcare and medical jobs / professions. 


What types of H1B Jobs are available within non-profit Organizations ?

Non profits organizations are varied and in their business nature and markets - Non profits have all types of business departments (IT, finance, marketing, sales etc etc - and All types and levels of jobs are typically available. 

 

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