H1-B cap exempt possibility for private practice


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My spouse (a physician) is leaning towards taking an offer with a private practice.  This practice is affiliated to a non-profit hospital. But the actual employer will be the person who owns the private practice.

Can my wife apply for a H1-B visa under cap exempt category under this scenario? What will be some of the conditions if she has to come under non exempt category for H1-B? Currently she is in B2 visa. 

Should I engage murthy law firm for any guidance or taking up with case?

Thanks in advance

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