UT Evaluators

Cap Exempt Petitions

What exactly are cap-exempt petitions? We get this question often so it’s important to address it. A cap-exempt petition is one that was previously counted against the cap.

It can also be one that was used as a way to extend the H-1B worker’s time in the U.S. or to change the terms. Notice that some positions with qualified workers are not required to be subject to the annual quota even if you (the petitioner) have already been counted against it. For H1B Visa Process Visit UT Evaluators

However, there are three main categories of occupations that are considered cap-exempt from the start:

A. Jobs for an institution of higher education

B. Jobs for non-profit organizations that are associated with an institution of higher education

C. Jobs for governmental research centers

The fact that there are cap-exempt jobs may tempt some to think that, to circumvent the annual cap, they can simply petition under a cap-exempt job and switch once they have entered the country.

However, it is important to note that whenever you change employers, you need to have that employer file another petition. If that employer is not cap-exempt, then the petition will be entered into the lottery. If it is not selected or it is denied, you will not be able to make this transfer. Therefore, changing from a cap-exempt to a cap-subject petition as a way to get around the H-1B cap is not possible.

Premium Processing – How Does This Work?

Premium processing service allows an employment-based petition/application to be expedited. USCIS specifically ensure 15 calendar day for processing those petitions OR USCIS will issue a refund of the service fee.

It is important to note that purchasing premium processing only reduces the processing time for your I-129 petition. It does not make you cap-exempt nor does it guarantee you a spot in the lottery. If your petition happens to be selected, then your start date will still be October 1st like all other applicants.

Who is eligible? The USCIS has developed a complete chart of designated eligible classifications. For more details on  H1B Visa check  Trauma2011

Also note that the premium processing fee has increased since last year. As of October 2018, the fee increased from the usual $1,225 to $1,410. Be sure to use this new fee, because an incorrect fee will result in a denial of your I-907 request for premium processing.

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