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.

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