4 ms·
What about cap-exempt H1Bs? There are tons of new companies which streamlined the process and which are offering "nearly-guaranteed H1B with no lottery"
by Aspos 1y ago
What about cap-exempt H1Bs? There are tons of new companies which streamlined the process and which are offering "nearly-guaranteed H1B with no lottery"
- jatins 1y agoHow can _anyone_ bypass lottery when that's a USCIS process?
- Aspos 1y agoI understand there are some exceptions made for academic institutions so these companies employ people into a "participating university" for a token number of hours per month, person comes in and once they are in the country they can pursue different opportunities to get employed and change their status. This cap-exempt H1B bypasses lottery, can be obtained in about 3 months any time during the year.
- atlgator 1y agoYes - When Microsoft requests 14,000 H-1Bs after laying off 9,000 American workers, it's above and beyond the 85k cap.
- intermerda 1y agoAll the Microsoft layoffs were US citizens? Do you have a source for this?
- darth_avocado 1y agoThey were not because in a layoff you cannot prefer a specific protected category like race, gender, age AND nationality. The 9000 number is also a global number which includes layoffs in countries all over the world. The argument “9000 US workers were fired and X visa applications were applied for” is also very reductive. The layoffs were in gaming, sales and other divisions, meanwhile the visa applications were for people who either already are on visas in other divisions like engineering and are continuing their status or for people in newer positions that have nothing to do with sales or gaming.
- trhway 1y agoi think you're mistaken. The H1B cap is 65K. Cap-exempts are capped at 20K. Thus total cap is 85K. No above and beyond of that number. Speaking about original post US tech industry is 16M people. So 600K+ of H1Bs, suppose they all in tech, is 4%. Blip on a radar.
- square_usual 1y agoNo, you're wrong too. The 20k is the Master's cap, only applicable to students who did a Master's or above in the US. Cap exempt refers to H1bs granted to US/State employers, who can get H1bs for employees without any cap whatsoever, and at any time of the year.
- trhway 1y agothanks, i see. So, MS can't get them really. https://www.nafsa.org/professional-resources/browse-by-interest/uscis-memo-h-1b-cap-exemption-under-ac21 https://www.nafsa.org/professional-resources/browse-by-inter... "AC21 [codified at INA § 214(g)(5)(A)-(B)] exempts the following petitioners from the H-1B cap: Institutions of higher education Nonprofit entities related to or affiliated with an institution of higher education Nonprofit research organizations Governmental research organizations
- darth_avocado 1y agoThis. Cap exempts are usually PHDs and literal medical doctors.
- deleted 1y ago[deleted]
- harshalizee 1y agoNo, it's not. The limit of new is universally capped at 85k. They can request as many applications as they want. The lottery still only picks a total of 85k
- square_usual 1y agoSource: I made it up
- deleted 1y ago[deleted]
- junar 1y agoA cap-exempt H-1B doesn't let you work for a "company". Only universities, university-affiliated nonprofits, nonprofit research organizations, and government research organizations can sponsor one. Furthermore, even after you obtain a cap-exempt H-1B, you would be required to go through the lottery like anyone else if you want to work at an employer subject to the H-1B cap.
- screye 1y agoThere is no such thing for tech companies. Not sure where you heard about it. Only non-profits are allowed to skip the lotteries. I've seen it apply to universities and hospitals, but never to a for-profit tech company,