When Immigration Matters

Who is Exempt from the H-1B Cap?

Posted by Michael Pollak on Aug 1, 2009, 1:25:00 PM

The following cases are exempt from the H-1B cap:

1) extensions for current H-1B workers, whether for a new or existing employer in sequential employment situations;

2) concurrent employment in a second H-1B position;

3) amended petitions;

4) H-1B employment for nationals of Chile or Singapore;

5) petitions for new employment at an exempt organization such as a nonprofit research organization, an institution of higher education or an affiliated nonprofit entity; and

6) 20,000 H-1B visas for graduates of U.S. universities who have earned a master's-level or higher degree.

Tags: Non Immigrant Visas, H-1B Visa, Immigration, Immigration Visas

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