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FAQ's

I’ve heard that some types of employment may be exempt from the H-1B Visa numerical limitations (i.e., the “cap”). What types of employment qualify for an exemption?

 

The USCIS regulations allow for certain employers to be exempt from the 65,000 visa limit imposed for H-1B visas.  "Cap exempt" employers include:

  • Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
  • Nonprofit organizations or entities related to or affiliated with* institutions of higher education; and
  • Nonprofit research organizations or governmental research organizations.

 

*This definition can include certain public independent school districts that are affiliated or have a “memorandum of understanding” with institutions of higher education regarding teacher recruitment.  It will depend on the specific facts of each employer’s individual situation.  Please Contact our South Houston Immigration Attorneys for more information regarding your specific case status.