Immigration Blog

H1-B Visa Cap Exempt Employers

By Bill at June 16, 2020 01:22
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USCIS has reached the congressionally mandated H-1B cap for fiscal year 2021 two months ago. However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at

Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap, and who still retain their cap number, also do not count toward the cap. Accordingly, USCIS will continue to process fiscal year 2020 and 2021 petitions filed to:

  • Extend the amount of time a current H-1B worker may remain in the United States.
  • Change the terms of employment for current H-1B workers.
  • Allow current H-1B workers to change employers.
  • Allow current H-1B workers to work concurrently in a second H-1B position.
  • Allow recapture of the time that H-1B workers spent outside the U.S.
  • Change status back to H-1B from other status like H-4 or F-1.

Based on above cap exempt criteria, has improved its search function of H1B visa database. Please use following links to search cap exempt employers and H1B visa petitions.