The annual quota for H1B Visas has been met for 2016, which is capped at 65,000 visas awarded. Unfortunately, there are far more petitions submitted than can be approved each year. For applicants that were not successful, there are a few avenues available to secure an H1B this year, such as re-applying for the visa with a cap exempt position.
Educational, Non-profit and Research Institution Positions
There are four basic categories of cap-exempt positions, meaning that as long as your position meets all of the H1B visa requirements, you will be awarded the visa. There is no cap for these positions, and it may be easier than you think to find a job that relates to these areas.
Employed at an institution of higher education
Jobs at colleges and universities will be cap exempt as long as the institution is qualified and accredited. Those positions could include teaching, administration or other support personnel directly employed by the university.
Non-profit affiliates of higher education institutions
Some universities will have non-profit affiliates, such as a teaching hospital for a medical degree program. Jobs at these affiliates are cap-exempt as well, but the affiliation has to be established, through some ownership or control by the university.
Employed at a non-profit or government research organization
Research positions for government agencies are also cap-exempt. This exemption also applies to non-profits that pursue scientific or other types of research.
Have an employer that supports or promotes a cap-exempt institution
This may be the category that offers the broadest opportunity to find a cap-exempt position. To qualify, the job must support or promote a cap-exempt institution, even if not directly employed by it.
Exploring relationships and organizational affiliations could uncover many different types of jobs that have the potential to be cap-exempt. Most applicants will look for assistance with finding this position, since the relationship will depend on the unique facts and type of work.
What Are The Steps to Obtain a Cap-Exempt Visa?
- Timing: The good news is that a cap-exempt H1B visa position can be submitted at any time during the year. There is no filing deadline, as well as no numerical limit.
- Get the Position: Just as with standard petitions, the job offer must be obtained and verified as related to your degree and area of study.
- Employer Petition: The employer has to submit the position on your behalf, showing that the job is cap-exempt and that you meet all of the H1B visa requirements.
- Wait for Approval: Even though there is no deadline to submit applications, you will have to wait for the petition to be approved to be sure that you will qualify.
- Begin Work: There is no waiting period to start work once the cap-exempt H1B visa has been approved. You can begin work at any time during the year once the petition is approved and you have a valid visa.
If you have questions about how to find a cap-exempt position for an H1B visa, please contact us and we can help you with this one option to avoid the limitations of the annual visa cap.
- April 14th, 2016