F2/H4 looking for cap-exempt H1B


helpthisf2

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Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:


  • Institutions of higher education or related or affiliated nonprofit entities;



  • Nonprofit research organizations; or



  • Governmental research organizations.


H1B Cap-Exempt Visa Petitions:

The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability.

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Thank you for your reply. I have received a call from a non-profit organization, but its not affiliated to a university or a place of higher education. So I guess thats ok?

If they don't fall in one of the categories mentioned, they are not cap-exempt, i.e., they can only file an H1 from April 1 on for a start date of Oct. 1.

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