The United States has just wrapped up the first round of registrations in 2023 for its H-1B visa - a specialty visa that allows American employers to hire foreign workers with specialized skills to work in the United States for a specific period of time.
The regular H-1B visa cap dedicates 65,000 petitions to foreign workers with the required skills and qualifications. USCIS allows an additional 20,000 petitions to individuals holding advanced degrees at a master’s level or beyond.
However, in some cases, individuals can file H-1B applications without going through the H-1B cap. Employers who fall within the H-1B cap exemption, they can completely bypass the lottery process.
Who are H-1B, cap-exempt employers?
An exemption category is available to US employers that fall into one of the following
Higher education institution
Non-profit organization associated with a higher education institution
Non-profit research organization or government research organization
A for-profit company seeking to hire an individual for specialty occupation services to be provided to an approved non-profit
For a higher education institution to qualify, it must meet the USCIS-mandated criteria. An institution of higher education must:
- Be a public or non-profit institution
- Provide admission to students for a secondary education
- Have a license from a proper institution to provide education beyond secondary school
- Offer educational programs that award bachelor’s degrees or, at a minimum, two-year education toward a degree.
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