Who is not Subject to H-1B Cap? (Ⅱ)
What additional exemptions from the H-1B cap are available?
As noted above not every H-1B petition is subject to the cap. There are two additional classifications of petitioners that are exempt. First, are the cap exempt beneficiaries? Visas will still be available for applicants filing for amendments, extensions, and transfers, unless they are transferring from an exempt employer or exempt position and were not counted towards the cap previously; i.e., if you have been counted once you will not be counted a second time. Accordingly, USCIS will continue to process petitions filed to:
1. Extend the amount of time a current H-1B worker may remain in the
2. Change the terms of employment for current H-1B workers.
3. Allow current H-1B workers to change employers. Note: It does NOT include workers who currently hold H-1B status in a cap-exempt job, such as a faculty or researchers at a university or government research institution, or physicians at teaching hospitals.
4.
Source:Visapro