Login

Who is exempt from the H-1B cap and what kinds of jobs are exempt from the annual H-1B visa cap?

The following are exempt formt eh H-1B annual numerical cap:

  • J-1 non-immigrant physcians who received a Conrad-30 waiver of the two-year foreign residence requirement based on sponsorship by a state health department;
  • Individuals employed at higher educational institutions and their related or affiliated non-profit entities;
  • Individuals employed by non-profit research organizations or governmental research organizations; and
  • Under certain circumstances, an individual who has already been counted toward the cap in 6 years before the approval of a new petition.

Note that an individual who was previously exempt from the cap may become subject to the cap if it changes from an exempt employer to a non-exempt employer.

Disclaimer: The materials in Asonye & Associates web site have been prepared to permit visitors to our web site to learn more about the services we offer. These materials do not, and are not intended to, constitute legal advice. Neither transmission nor receipt of such materials will create an attorney-client relationship between the sender and receiver. Internet subscribers and online readers are advised not to take or refrain from taking any action based upon materials in this web site without consulting legal counsel. We do not undertake to update any materials in our Web Site to reflect subsequent legal or other developments.