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H1B Visa Cap Exempt Program - New Update
Released: March 16, 2011
Latest USCIS update for H1B 2011 Visa Applications Filed for the Cap Exempt Program
The H1B cap exempt program is for visas that can be filed and issued outside / in addition to the regular annual cap numbers of 85,000.
The cap exempt program operates seperately to the regular H1B visa program, but, cap-exempt visas can only be filed by certain types of organizations such as non-profits or institutes of higher education.
H1B cap exempt visas have no numerical limitations, which means there is no restriction on the number of visas that can be filed each year.
The H1B visa cap exempt program does not have fixed times of year when visas can be filed, which means cap exempt H1B's can be filed at any time of year.
Additionally the cap exempt program has no fixed times of year when a beneficiary can start work on a visa, which means once filed and issued the H1B visa worker can start employment for the cap exempt company at any time of year (as soon as the visa is issued by the USCIS).
Full details on the H1B visa cap exempt program
U.S. Citizenship and Immigration Services update to the H1B cap exempt program:
Today, the USCIS said that it is currently reviewing its policy on H1B visa cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education.
Until further guidance is issued, USCIS is temporarily applying interim procedures to H1B non-profit entity petitions that seek an exemption from the statutory H1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H1B statutory cap.
However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H1B visa allows many U.S. employers to hire and employ International professionals and students who work in specialty occupations. Unless an H1B visa application is determined to be exempt, H1B petitions are subject to either the 65,000 regular cap (quota) which available to anyone who qualifies and meets the H1B visa requirements, or the 20,000 visa cap exemption for International students who graduate with an MBA level or higher level degree from a US university.
H1B visas that qualify for the cap exempt program - can be filed now
H1B visas for the regular program - US companies can start filing H1B visa applications 'starting' from April 1st - and filing can 'continue' until the cap numbers / quota of 85,000 H1B visas have been issued
Before an H1B visa can be filed for either the cap exempt or the regular program, the beneficiary (Foreign National) must obtain an H1B sponsorship employment offer from a US Company that will employ them and file their visa application (individuals can Not file their own H1B visas).
A sponsorship employment offer letter is a mandatory document that must be included in the H1B visa application (No H1B visa will be issued without one)
H1B Visa Jobs and Sponsorship Employment Center ~ Continue Here
H1B Visa Program Learning Center ~ Continue Here
H1B Visa News Center ~ Continue Here
Stay up to date with the latest H1B News and Filing Updates for 2011 - click here
Released: March 16, 2011
Latest USCIS update for H1B 2011 Visa Applications Filed for the Cap Exempt Program
The H1B cap exempt program is for visas that can be filed and issued outside / in addition to the regular annual cap numbers of 85,000.
The cap exempt program operates seperately to the regular H1B visa program, but, cap-exempt visas can only be filed by certain types of organizations such as non-profits or institutes of higher education.
H1B cap exempt visas have no numerical limitations, which means there is no restriction on the number of visas that can be filed each year.
The H1B visa cap exempt program does not have fixed times of year when visas can be filed, which means cap exempt H1B's can be filed at any time of year.
Additionally the cap exempt program has no fixed times of year when a beneficiary can start work on a visa, which means once filed and issued the H1B visa worker can start employment for the cap exempt company at any time of year (as soon as the visa is issued by the USCIS).
Full details on the H1B visa cap exempt program
U.S. Citizenship and Immigration Services update to the H1B cap exempt program:
Today, the USCIS said that it is currently reviewing its policy on H1B visa cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education.
Until further guidance is issued, USCIS is temporarily applying interim procedures to H1B non-profit entity petitions that seek an exemption from the statutory H1B numerical cap based on an affiliation with or relation to an institution of higher education.
Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H1B statutory cap.
However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.
Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.
USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.
The H1B visa allows many U.S. employers to hire and employ International professionals and students who work in specialty occupations. Unless an H1B visa application is determined to be exempt, H1B petitions are subject to either the 65,000 regular cap (quota) which available to anyone who qualifies and meets the H1B visa requirements, or the 20,000 visa cap exemption for International students who graduate with an MBA level or higher level degree from a US university.
H1B visas that qualify for the cap exempt program - can be filed now
H1B visas for the regular program - US companies can start filing H1B visa applications 'starting' from April 1st - and filing can 'continue' until the cap numbers / quota of 85,000 H1B visas have been issued
Before an H1B visa can be filed for either the cap exempt or the regular program, the beneficiary (Foreign National) must obtain an H1B sponsorship employment offer from a US Company that will employ them and file their visa application (individuals can Not file their own H1B visas).
A sponsorship employment offer letter is a mandatory document that must be included in the H1B visa application (No H1B visa will be issued without one)
H1B Visa Jobs and Sponsorship Employment Center ~ Continue Here
H1B Visa Program Learning Center ~ Continue Here
H1B Visa News Center ~ Continue Here
Stay up to date with the latest H1B News and Filing Updates for 2011 - click here
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