May I Get the H-1B Cap Exempt Because
 I Am Actually now Working for a University Research Center?

Dr. William:

I am a research scientist hired by a private organization, but currently working for a university research center under contract using my OPT time. I am unable to apply for the H-1B now because my employer is not a H-1B cap exempt employer. Is it true that I may get the H-1B cap exempt, because of the fact that I am actually now working for a university research center?


The USCIS has already expanded the scope of H-1B cap exempt through a released memorandum. The cap exempt applies not only to the employees of the cap exempt organizations, but also employees of other employers who are placed with the cap exempt entities, such as consultants to perform the duties, which are otherwise performed by the employees of the cap exempt entities. 

For your case, your employer places you as a researcher with a research center of a university to conduct the research for the university. As an employee of the private company, you are now is exempt from the H-1B annual cap also. This new definition of employee relation is currently in place, and you should be able to file a H-1B petition under the H-1B cap exempt.








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