Back With H1B visa getting tougher, check THIS viable option for job seekers to enter US

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Individuals who are unable to secure an H-1B visa through the regular cap may still be able to enter the US on an uncapped H-1B visa by finding employment with a cap-exempt employer (AFP)

The non-cap H1B visa are available to certain US employers, such as higher education institutions, non-profit organizations associated with higher education institutions

H-1B visa is undoubtedly the most popular visa category that allows American employers to hire foreign workers with specialized skills to work in the country for a specific period of time. However, there are ways, to enter the US for work by dodging the H-1B cap and the lottery process. Enter non-cap H1B visa. 

Who are H-1B cap-exempt employers?

The exemptions are available to certain US employers, such as higher education institutions, non-profit organizations associated with higher education institutions, and non-profit or government research organizations. 

For-profit companies seeking to hire individuals for specialty occupation services to be provided to an approved non-profit or higher education institution may also qualify.

Who can apply under this category? 

Individuals who are unable to secure an H-1B visa through the regular cap may still be able to enter the US on an uncapped H-1B visa by finding employment with a cap-exempt employer. They may later switch to a capped employer during each cap registration period while working with the cap-exempt employer. 

However, in such circumstances, the individual will still need to wait for the H-1B cap registration and must be selected in the lottery. The whole process to work with a cap subject employer must begin from scratch," Poorvi Chothani, Founder and Managing Partner of LawQuest told the Economic Times.

Is it an option for laid H-1B visa holders too?

For employees on H-1B visas who have lost their jobs, one option is to move to an uncapped employer. These visas are granted throughout the year, unlike the H-1B capped visas that follow a schedule. An employer may file a cap-exempt H-1B petition for an employee if they previously held H-1B status in the US and haven't used their six years of status. The petition would be for the remainder of the employee's allowed time in the US.

Under the H-1B Portability Rule, an H-1B visa holder can change employers and start working for the new employer the day USCIS receives the new employer's H-1B transfer petition. However, the new petition must be filed before the H-1B holder's visa expires. 

If an uncapped visa holder loses their job, they will also have a 60-day grace period before they need to leave the country. During this period, if they find a new job with another cap-exempt employer who files a new H-1B petition, they can work with that new employer once USCIS receives the new petition.