H-1B Exempt

What is the H-1B Cap exempt?

A H-1B cap exempt visa is for international teachers and 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 teachers and 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 cap exempt 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.

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 eligibility criteria, 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.

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.

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.

Application Filing

Professional handling of the entire application process, from start to finish.

Document Preparation

Assistance with gathering and completing all necessary documents to ensure accuracy and completeness.

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.

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.

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.