What is the H-1B Cap exempt?
A H-1B cap exempt visa is for foreign workers that can work in the US without having to worry about the annual H-1B cap. The exemption applies to employers such as universities, non profit research institutions and government research agency. These employers can hire skilled workers today, without having to compete in the H-1B lottery or wait for the cap to be met. For anyone looking to work in fields such as education, technology and research, it’s a nice option to go with.
As they are excepted from the cap they can file H-1B visa sponsorships all through the year, which shortens the measure of time and adaptability.
H-1B cap-exempt visa requirements include:
Eligible Employers: The employer must be a qualifying institution, i.e., a U.S. university, non profit research organization or government research agency.
Job Position: Like regular H-1B requirements, the job must be a specialty occupation that requires a bachelor’s degree or higher in a particular field.
Proof of Employer Status: To qualify as a non profit or research entity, the employer must prove that they are.
Labor Condition Application (LCA): The Department of Labor also requires that the employer submit an LCA in order to show that the wage and working condition standards are met.
No Cap Limits: Since these employers are exempt from the H-1B visa cap, they can accept year round applications.
Arrival Services
At US Global Teachers, we are dedicated to making your transition to the United States as smooth and stress-free as possible. Our excellent arrival services ensure that you feel welcomed and supported from the moment you land.
Airport Pickup
We provide airport pickup services to greet you upon your arrival. Our team will be there to welcome you and assist with transportation to your new home, ensuring you arrive safely and comfortably
Orientation Program
We offer an orientation program designed to help you acclimate to your new environment. This includes information on local amenities, cultural practices, and essential services, providing you with the knowledge and confidence to navigate your new surroundings
Local Community Introduction
We help you connect with the local community by introducing you to key contacts and resources. This support network will assist you in settling in and making new connections, fostering a sense of belonging
Assistance with Essential Services
Our team assists you in setting up essential services such as bank accounts, phone plans, and health insurance. We provide guidance and support to ensure that you have everything you need to start your new life in the U.S.
A visa is a gateway to opportunities and a bridge to new beginnings. It allows us to cross borders, share knowledge, and create a global community.
Our Process
Employer Petition
The U.S. employer must file Form I-129, Petition for a Nonimmigrant Worker, on behalf of the employee, including details of the job and the qualifications of the foreign worker
Labor Condition Application
The employer must obtain and submit a certified Labor Condition Application (LCA), ensuring compliance with wage and labor conditions
USCIS Review
The United States Citizenship and Immigration Services (USCIS) will review the petition and supporting documents to ensure all requirements are met
Approval and Extension
If the petition is approved, the H-1B visa holder’s stay in the U.S. is extended, allowing them to continue their employment
An H-1B cap-exempt visa holder has certain rights and obligations:
Work for the Employer: Typically, you may not work for the employer other than the one that sponsored the H-1B visa.
Extend Stay: And if the employer continues to meet requirements, you can extend your stay past the 3 year limit.
Change Employers: If you are in H-1B status and switch to another qualifying cap exempt employer, instead of demand to fill a slot in the cap, you can transfer your H-1B status.
Family Members: H-4 dependent visas can be applied for by your spouse and your children under 21 to live with you in the U.S.
Obligations:
Maintain Employment: In order to stay associated with the cap exempt employer that sponsored your visa, you must continue to work for that cap exempt employer.
Follow U.S. Laws: By that you mean you have to follow all US laws, including immigration rules, and the terms of your visa.
Report Changes: If you experience changes in employment, your job role or employer, you must inform USCIS.
These rights and obligations protect workers and do so in alignment with U.S. immigration rules.
Common Reasons for Denial of an H-1B Cap Exempt
- Lack of Qualifying Employer: It has to be a nonprofit, a government entity or an institution of higher education. You can be denied if the employer see you does not fit these criteria.
- Job Doesn’t Qualify for H-1B: It must require a specialized skill set, as well as a bachelor’s degree. The petition may be denied if the job doesn’t meet this requirement.
- Inadequate Documentation: If the petition doesn’t come along duly or sufficiently equipped documents (like the sufficiency of the employee’s worth and the employer’s status) then it may be denied.
- Incorrect Job Description: A very specific type of specialized knowledge will be needed for the job so you need to let the job description make that clear. A denial is received for a vague or incorrect description.
- Failure to Prove Exempt Status: You need to show that you are exempt from the H1B cap. The petition could be denied if they don’t present evidence to show this.
- Ineligible Employee: To be eligible to apply an individual must meet the criteria for the H1b position, for example, possess the right education, experience and skills. Petitioners do not receive automatic approval based on this evidence and may have the petition rejected if they do not meet the requirements.
- Expired Documents or Certifications: The petition may be denied if the documents in the documents—such as the employer’s expired or outdated tax-exempt status—are out of date.
Bringing Dependents to the USA on an H-1B Cap Exempt
H-4 visa allows H-1B cap-exempt visa holders to bring their children (spouse and children under 21) and their spouse to the U.S. H-4 visa lets the family live in the U.S. while the main H-1B visa holder is working.
Rights of H-4 Dependents:
Spouse: If the primary visa holder has an I-140 (Immigrant Petition for Alien Worker) approved, the spouse of an H1B H-1B cap exempt holder may be authorized to work.
Children: H-4 visa permits kids under 21 to join school in U.S.
An applicant for H-1B visa must include his dependents in the visa application process and contact dependents along with required documents in the visa application including proof of relationship and financial support.
H-1B Cap Exempt Processing Time
An H-1B cap exempt visa takes less time to process as it is not subject to annual cap, or lottery. Typically, your processing time ranges from 2 to 6 months from the date you file with the USCIS.
But the timeline is dependent on things such as what service center is handling the petition, how complex the case is, and even if the employer opts for premium processing. For an increased fee, the additional to premium processing enables you to have your case expedited to reviewed within 15 calendar days.
Furthermore, you need to factor in any delays caused by requests for additional evidence (RFEs) or administrative processing.
How US Global Teachers Services Help You
At US Global Teachers, we provide complete support for H-1B cap exempt, ensuring that the process is as smooth and stress-free as possible for educators. Our services include:
- Personalized Consultation: Tailored advice to meet your specific needs and circumstances.
- Document Preparation: Assistance with gathering and completing all necessary documents to ensure accuracy and completeness.
- Application Filing: Professional handling of the entire application process, from start to finish.
- Legal Support: Access to experienced immigration attorneys who can provide expert advice and representation.
- Ongoing Support: Continuous support throughout your visa journey, from initial application to final approval and beyond.
Our Process
Initial Consultation
We start with a detailed consultation to understand your needs and eligibility for the H-1B cap exempt
Document Collection
We assist in gathering and reviewing all necessary documents to meet USCIS requirements
Application Preparation
Our team meticulously prepares your application, ensuring accuracy and completeness
Submission and Monitoring
We submit application to USCIS and monitor its status, providing regular updates
Approval and Follow-Up
Once approved, we help you understand the next steps and provide ongoing support
Conclusion
Extending your stay in the U.S. as an H-1B cap exempt holder is a significant step that requires careful planning and attention to detail. At US Global Teachers, we understand the challenges and complexities involved in the H-1B cap exempt process.
Our dedicated team is committed to providing the highest level of support to ensure a successful outcome. Whether you are a teacher looking to continue your career in the U.S. or an employer seeking to retain valuable talent, we are here to guide you every step of the way. By choosing US Global Teachers, you are partnering with a team that values your contribution to education and is dedicated to helping you achieve your goals.
With our expertise and personalized approach, you can focus on what you do best – teaching and inspiring the next generation, while we handle the complexities of your visa process.