In this article, we have discussed the following topics related to H1B Cap Exempt:
The H1B Cap is a popular term in the H1B visa process. It refers to the limit of H1B visas allowed per federal fiscal year. Generally, the United States Citizenship and Immigration Services (USCIS) allows the H1B cap at 85,000 petitions each year, which includes:
However, there are certain exceptions to the H1B Cap, known as H1B Cap Exempt. The Cap Exempt allows foreign employees to file H1B applications without going through the H1B cap. This exclusive rule is a good option if you are a foreign employee in the US who has missed your chance of being selected for an H1B quota. Instead of waiting for the next fiscal year to apply for a job, you can choose to go from one employer to another or look for specific job positions at universities in the US.
H1B Cap Exempt is of two types:
Who are the H-1B cap-exempt employers? Are all US-based organizations employing foreigners eligible for the H1B Cap-Exempt? Read on further to know about H1B Cap Exempt Employers List.
Not all employers in the US are eligible for Cap Exempt. According to the USCIS regulations, the exemption is available only to certain employers who are:
Public secondary schools can qualify for Cap Exempt if they have a formal affiliation agreement or teacher training agreement with a college or university. Simultaneously, the job offered for the foreign worker should also include services under such an agreement. A copy of the affiliation agreement should be attached along with the H-1B visa petition.
Certain candidates are deemed exempt from the H1B Cap. They are:
The following employers can submit H1B petitions to the USCIS at any time during the year, without any restriction of the fiscal year limit:
Foreign applicants are also exempt from the H1B Cap if they:
However, they must provide ample evidence to ensure their employer files the H1B petition on their behalf. They must also show proof of residing in the US for the last six years. Additionally, they should not have breached their maximum stay duration.
Also read: How Does H1B Lottery Work?
Before filing an H1B petition, it is always safe to know if you are eligible for Cap Exempt. The information can help you save plenty of time, expenses, and money. Employers can use cap-exempt candidates to fill H-1B jobs within their organizations without being bound by the standard H-1B cap.
This article has explained everything you need to know about H1B Cap Exempt. If you have any doubts or queries regarding the same, visit TechFetch H1B team.
**Disclaimer: All information regarding H1B visa processing is subject to change. Kindly refer to the USCIS official website for the latest updates.**