I Want to Know If I am Subject to the Yearly H1-B Visa Cap?

Dr. William:

I am a research associate in an university, I know this year's H1-B visa number has been all used. I want to know if I am subject to the yearly H1-B visa cap, as an employee of an university?


There are exemptions for certain types of employers for the yearly H1-B visa cap. The University is "an institution of higher education", which qualifies for the exemption of H1-B visa cap. 

Another type of employer that is exempt is nonprofit research organizations or governmental research organizations. A research organization is defined as a nonprofit organization that is primarily engaged in basic research or applied research.





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