The regulations provide for a cap of 65, on H1B applications approved every year.
H1B Cap Exempt Employers:
For several years now, the number of H1B petitions filed regularly reaches the maximum allowed cap within first few weeks, if not days. Even the additional H1B cap of 20, specifically for individuals with advanced degrees from US institutions fills up during the initial filing period.
Thus any foreign national who seeks an H1B visa faces significant difficulties under the current structure due to the limited numbers of available H1B slots. A clear understanding of the exemptions available can help employers and applicants increase their options to seek an H1B even when the H1B cap is exhausted.
The H1B cap does not apply to organizations filing the H1B petitions if they are institutions of higher education or related non-profit entitiesnon-profit research organizations, and government research organizations. Many foreign nationals are not aware that these companies and organizations are exempt from the H1B cap and can sponsor an H1B visa any time of the year.
There are two broad classifications of H1B cap exempt petitions. In this article, we take a look at the employers who are exempt from the H1B cap. Click here if you want to learn more about hiring H1B cap exempt candidates. H1B petitions filed by institutions of higher education, as defined in Section a of the Higher Education Act of20 U. Jane will be performing duties onsite at a qualifying government research organization Bas part of a joint agreement between A and B.
If B filed the H1B petition, the exemption would apply. Will Company A case fall under the exemption? H1B petitions filed by non-profit entities that are related or affiliated to an institution of higher education are exempt from the H1B cap.
USCIS states that it is sufficient that a non-profit entity is connected to an institution of higher education through shared ownership, control or be somehow attached to the higher education institution as a member, branch or subsidiary.
It is important to note that public secondary schools do NOT qualify for H1B cap-exemption unless they have a formal affiliation agreement with a college or university.
Unless the non-profit employer is primarily devoted to research, or is formally affiliated with a university, it will not qualify as a cap-exempt H1B petitioner. Peerless Inc is a non-profit market research firm that would not qualify for the H1B exemption.
They file an H1B for Ibrahim Muzzamil, one of the company employees. Ibrahim will be conducting market research onsite at a university that does qualify for the H1B exemption.
Would this H1B be cap exempt? Ibrahim is physically working at an exempt institution, but the work performed is in no way related to the purposes of the qualifying entity. The employer, not the university, benefits from this work. H1B petitions filed by nonprofit research organizations or governmental research organizations, as defined in 8 CFR All of the criteria above must be met in order for an institution or an organization to qualify for H1B cap-exempt status.
It is extremely important that an employer or a foreign national who wishes to seek H1B status under a cap-exempt petition verify that the cap exempt H1B employers qualify under one of the three categories above. In some cases such analysis will be fairly quick e. If you think that your organization or your potential employee qualifies for H1B cap exemption, we can help with the analysis so you can be sure that you qualify.
Filing a petition without a clear answer on this question can lead to a waste of time, resources and money. Knowledgeable, fast, courteous, efficient are all words that describe the services I received from VisaPro. They were very helpful in all phases of the H-1B visa process and they got it right the first time.
I have tried other Visa services, but VisaPro is the best by far. VisaPro is the only way to go!Last month we looked at your options if you missed the H1B visa cap. To help you find a position at a cap exempt company, we compiled a list of the top cap exempt employers sorted by the number of H1B visas they sponsored in the last few years.
University of Michigan — Visas sponsored: 1, — Current job openings: National Institutes of Health — Visas sponsored: 1, — Current job openings: Mayo Clinic — Visas sponsored: — Current job openings: Baylor College of Medicine — Visas sponsored: — Current job openings: University of Pittsburgh — Visas sponsored: — Current job openings: The University of Iowa — Visas sponsored: — Current job openings: Washington University in St.
Louis — Visas sponsored: — Current job openings: Northwestern University — Visas sponsored: — Current job openings: University of Minnesota — Visas sponsored: — Current job openings: Emory University — Visas sponsored: — Current job openings: University of California, Davis — Visas sponsored: — Current job openings: Battelle — Visas sponsored: — Current job openings: University of Washington Press — Visas sponsored: — Current job openings: 6.
Columbia University — Visas sponsored: — Current job openings: Yale University — Visas sponsored: — Current job openings: The University of Arizona — Visas sponsored: — Current job openings: University of Illinois at Chicago — Visas sponsored: — Current job openings: The University of Chicago — Visas sponsored: — Current job openings: Partners HealthCare — Visas sponsored: — Current job openings: Michigan State University — Visas sponsored: — Current job openings: Harvard University — Visas sponsored: — Current job openings: University of Illinois — Visas sponsored: — Current job openings: Vanderbilt University — Visas sponsored: — Current job openings: Purdue University — Visas sponsored: — Current job openings: Indiana University — Visas sponsored: — Current job openings: Brookhaven National Laboratory — Visas sponsored: — Current job openings: Arizona State University — Visas sponsored: — Current job openings: Iowa State University — Visas sponsored: — Current job openings: Report Contact Visa Salary Occupation Location Review From employer: Join us to travel the road of technology together Friendly Consultants Inc has filed labor condition applications for H1B visa and 17 labor certifications for green card from fiscal year to Friendly Consultants Inc was ranked among all visa sponsors.
Note: Before Friendly Consultants Inc can hire foreign workers permanently or temporarily, it must file labor certifications with the Department of Labor DOLdemonstrating that it is paying the required wage for the positions in the geographic region where the jobs are located.
The data only indicates the number of applications filed by Friendly Consultants Inc. It does not mean that Friendly Consultants Inc actually got the visa and hired the workers. Our LCA data includes LCA submitted for not only new employment, but also continuation or change in previously approved employment, new concurrent employment, change in employer and amended petition.
But this does not mean they really hired foreign workers during this period. The visa applications might have been denied. When an employee renews or transfers his H1B visa or change work location under some circumstances, he will also file a new LCA application. Browse Employers.H-1B Cap-Exempt and G-Visa Options - Good Choices!
Friendly Consultants Inc visa rank Verified Sponsor! Friendly Consultants is focused on helping its clients to fill their technical staffing needs by accurately providing experienced and qualified professionals. Friendly Consultants can also take complete responsibility of a project, including Project Management and Managing the entire development life cycle. Java J2EE,C. Profiles of forein workers who applied for green card under PERM:. Master's 17 ; Bachelor's 8 College:.The annual quota for H1B Visas has been met forwhich is capped at 65, visas awarded.
Unfortunately, there are far more petitions submitted than can be approved each year. For applicants that were not successful, there are a few avenues available to secure an H1B this year, such as re-applying for the visa with a cap exempt position. There are four basic categories of cap-exempt positions, meaning that as long as your position meets all of the H1B visa requirements, you will be awarded the visa. There is no cap for these positions, and it may be easier than you think to find a job that relates to these areas.
Jobs at colleges and universities will be cap exempt as long as the institution is qualified and accredited. Those positions could include teaching, administration or other support personnel directly employed by the university. Some universities will have non-profit affiliates, such as a teaching hospital for a medical degree program. Jobs at these affiliates are cap-exempt as well, but the affiliation has to be established, through some ownership or control by the university.
Research positions for government agencies are also cap-exempt. This exemption also applies to non-profits that pursue scientific or other types of research. This may be the category that offers the broadest opportunity to find a cap-exempt position. To qualify, the job must support or promote a cap-exempt institution, even if not directly employed by it. Exploring relationships and organizational affiliations could uncover many different types of jobs that have the potential to be cap-exempt.
Most applicants will look for assistance with finding this position, since the relationship will depend on the unique facts and type of work. If you have questions about how to find a cap-exempt position for an H1B visa, please contact us and we can help you with this one option to avoid the limitations of the annual visa cap.
I do not know whether it is the correct place to ask my question but, I do need some clarity regarding my H1B visa. I got my H1B visa approved and due to some personal family issues, i did not travel to US. After that I resigned from my services for some personal issues. Meanwhile my visa period expired I got the visa only for months.
I am a home maker now. Will I come under H1B cap exempt now? My visa expired in and LCA in which is for 3 years. If i need to raise an H1 now, what will be my position, do i need to start for a fresh one in the next cap or can i apply for cap exempt because i heard that H1B once approved will be valid for 6 years provided we if we raise for an LCA extension for more three years.Tired talking with fraud companies out there for H1B sponsorship?
Then we can give you the right solutions. Our service is to identify a genuine US employer who can sponsor you a visa without asking you for money. If you are looking for a trustworthy and reliable consulting firm or a client who can help you to get your H1B visa in a professional way you can consider our service.
The H1B visa is an employment-based, non-immigrant visa for temporary workers. This approved petition is a work permit that allows you to obtain a visa stamp and work in the U. Eligible candidates who meet or exceed the following criteria are encouraged to apply.
Salary:USD 90, - 1,30, P. H1B Cap Exempt are you eligible? If you previously held H-1B status and are outside the US, you may be eligible to have an Employer file a Cap Exempt H-1B petition for the remainder of your allowed time up to 3 years. H1 Cap Exempt service we offer. We provide solutions to get a US onsite project with our clients through our smooth H1B transfer process.
As you know, cementing your H1B status is extremely hard nowadays and thousands of professionals despite an illustrious professional record are having their visa status altered when they try to switch Employers.
Cap Exempt H1B Visa Program - No Quota, all year round Filing
If you have no projects to fly overseas although you're having a good technical experience with previously approved H1B visa and staying in your home country then, you are at the right place here at TechSel Solutions. We offer you the chance to work in the US and seal that H1B status by transferring your H1B visa with our clients along with great benefits and packages. H1B Visa Solutions. Apply Now. H1B Sponsorship Services. What is H1B Visa?
In order to qualify you must be able to show that: 1 You previously had an H1B approved petition within the past 6 years.The applicant does NOT have to wait until the Transfer is issued. The H1B transfer bill approved in the senate and House bill S. Under the H1B portability rules of the American Competitiveness in the 21st Century Act AC21an H1B visa holder may transfer to start work a new H1B job with a new employer, provided that the new US employer follows the procedures to file an H1B transfer visa application on behalf of the worker.
Transfers allow individuals who have filed for adjustment of status and whose cases have been pending for days or more to change jobs or employers without affecting the validity of the I or underlying labor certification, as long as the new job is in the same or a similar occupational classification to the job in the original H1B visa petition and labor certification. During the H1B transfer procedure, the following documents may be required:.
All types of jobs and positions are available for cap-exempt H1B visas. Current H1B Workers:. Petitions filed on behalf of current H1B workers do not count towards the congressionally mandated H1B cap. You are commenting using your WordPress.
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Notify me of new comments via email. Notify me of new posts via email. During the H1B transfer procedure, the following documents may be required: Up to 3 months latest pay stubs. Copy of your existing H1B approval. Passport copies. Copies of I records. Copy of Social Security Card. Latest Resume. We can help you to file under h1b exemption cap. All we need is: Your payroll must run for atleast 3 month under your previous employer You may be currently under any visa status.
Once you have an H1B you can then transfer it to a new employer. Share this:. Like this: Like Loading Leave a Reply Cancel reply Enter your comment here Fill in your details below or click an icon to log in:.
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List of H1B Cap Exempt Employers
By continuing to use this website, you agree to their use.The H1B nonimmigrant visa category is subject to an annual cap. Because there is more demand for H1B visas than supply, having an H1B visa for a foreign worker is in part a game of chance. In this article, we will examine the applicable statutes, regulations, and other rules regarding the H1B cap exemption.
Please see our full article for an overview of the entire rule [ see article ]. In general, regulations relating to cap-exempt organizations are found in 8 C. Defined as a tax exempt organization under the Internal Revenue Code ofsection c 3c 4or c 6 see 26 U. It is important to note that the relevant organization must both be defined as a tax exempt organization under 26 U. We have uploaded the most up-to-date version of 26 U. Under 8 C. The nonprofit entity is connected to or associated with an institution of higher education through shared ownership or control by the same board or federation; ii.
The nonprofit entity is operated by an institution of higher education; iii. The nonprofit entity is attached to an institution of higher education as a member, branch, cooperative, or subsidiary; or iv. The same language is found in the fee waiver section of the regulations at 8 C. However, the DHS stated that it will continue to consider requests from government entities that are also organized as non-profit entities related to or affiliated with an institution of higher education.
The definitions for non-profit research organization and government research organization are found in 8 C. There are subtle but significant differences between the requirements for non-profit research organizations and governmental research organizations.
Accordingly, the ways in which a government entity may qualify for the H1B cap exemption are broader than the ways in which a non-profit research organization may qualify. A key point in section g 5 of the INA is that the statute specifies an alien employed at or who has received an offer of employment at a qualifying institution, organization, or entity.
The statute permits an alien who is employed by or receives an offer of employment from a qualifying institution, organization, or entity to be exempt from the H1B cap. The pertinent regulation is found in 8 C. The most comprehensive guidance on third party petitioners in the H1B cap exemption context is found in the Aytes Memo. The Aytes Memo provided four example cases regarding prospective third party petitioners. Based on these facts, the alien beneficiary would be exempt from the H1B cap.
In this case, the beneficiary would also be qualified for the cap exemption. Aytes explained that the beneficiary's work would clearly further the overall mission of the qualifying non-profit research organization. The cooperative relationship between the third party petitioner and the qualifying entity would support the sufficient nexus between the beneficiary's work and the normal, primary, or essential purpose, mission, objections, or function of the qualifying organization.
Aytes explained that the doctor in this case would qualify for the H1B cap exemption. The reason for this is that the conditions of employment demonstrate that he would be performing the same work that he performed while employed directly by the qualifying university medical center. In this case, the beneficiary would not qualify for a cap-exemption.
Although he or she would be physically located at a qualifying entity, the hypothetical petition does not establish a nexus between the beneficiary's work and the normal purpose of the qualifying entity.
This regulation allows a cap-exempt H1B beneficiary to work concurrently in a cap-subject position without being counted toward the H1B cap under limited circumstances. Because of this requirement that the cap-exempt employment continue, 8 C. This is based on section g 6 of the INA. Accordingly, if the alien becomes subject to the cap due to the cessation of the cap-exempt employment and there are no H1B numbers available, the USCIS may revoke the cap-subject petition.
An H1B cap-exempt beneficiary may exercise H1B portability [ see article ] to move from one cap-exempt position to another cap-exempt position.