Identifying H-1B Cap Exempt Employers

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There are a number of resources to turn to when looking for an H-1B cap exempt employer. You can look up H-1B employers and find databases that match you to suitable H-1B employers. Often times finding an employer is the most time-consuming process. Please note that we do not take responsibility for the validity of the information in the above database link. For H1B Visa Process Visit UT Evaluators

Here’s a case scenario to better illustrate the process:

Maria Gonzalez is trying to determine if she would be eligible for cap exemption under H-1B. Company X (non-exempt employer) decides to file an H-1B on her behalf. Maria will be responsible for onsite tasks at a university’s medical research facility (Company Y), as part of a joint agreement between Company X and Y.

Company X files the petition and submits proof that she will be performing tasks similar to those an employee of the medical research facility would be and in accordance with their ultimate mission. H1B Visa Process Check here

Now we know that if Company Y filed that petition the exemption would be approved but if Company X files will they qualify for the exemption?

The answer is yes because she will be responsible for the same tasks that would have been performed at Company Y and it’s in accordance with that institution’s missions.

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