H1B exempt institutions
Are private colleges/universities exempt from the H1B visa cap? I have read different things on the internet, and I am confused.
2 Answers from Attorneys
Re: H1B exempt institutions
Yes there appears to be an exemption from the cap for an employee (or person who has received an offer of employment) at an institution of higher education
From http://immigrationflowchart.com (a free service) at endpage end731:
Search Terms: INA 214(g)(5) cap exemptions on H1B, INA 101(a)(15)(H)(i)(b),
(5) The numerical limitations contained in paragraph (1)(A) shall not apply to nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(i)(b) who 2d/ --
(A) is employed (or has received an offer of employment) at an institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), or a related or affiliated nonprofit entity; 2e/
(B) is employed (or has received an offer of employment) at a nonprofit research organization or a governmental research organization; or 2e/
(C) has earned a master\'s or higher degree from a United States institution of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)), until the number of aliens who are exempted from such numerical limitation during such year exceeds 20,000.
Re: H1B exempt institutions
Yes. There are numerous exemptions from the yearly H-1B Visa cap of 65,000. The cap does NOT include an additional 20,000 visas per year for people who have earned a master's or higher degree from a US institution of higher education.
The cap also does NOT include medical doctors who apply for a specific waiver on the request of an interested Federal or State agency.
The cap also does NOT include individuals who receive offers of employment from at institutions of higher education or related or affiliated nonprofit organizations, or nonprofit research organizations, or government research organizations.
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