Why a non-capped H-1B visa might be your best bet to fulfill your American dream

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.

america

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:

  1. Be a public or non-profit institution
  2. Provide admission to students for a secondary education
  3. Have a license from a proper institution to provide education beyond secondary school
  4. Offer educational programs that award bachelor’s degrees or, at a minimum, two-year education toward a degree.

Comments