H-1B Cap Exemptions: Exploring Eligibility Criteria for Petitions

The lottery for the H-1B cap has ended this week. Now is the time to explore cap exempt H-1B filings. The petition is cap exempt if

The petitioner is an institution of higher learning as defined in the Higher Education Act

The petitioner is a nonprofit entity related to or affiliated with an institution of higher education as defined in the Immigration Act

The petitioner is a nonprofit research organization or a governmental research organization as defined in the Immigration Act

The beneficiary is requesting an amendment or extension of stay while in H-1B classification

The beneficiary is a J-1 nonimmigrant physician who has received a waiver

The beneficiary has been counted against the cap and is applying for the remaining portion of the six-year limitation.