Back

 H-1B Exempt Visa
 The H-1B (Exempt) visa is for workers in specialty occupations (as defined below) who are not subject to the U.S. government's cap on H-1B workers. This includes employees of higher education institutions and non-profit and government research organizations.


 What Are The Requirements For an H-1B (Exempt) Visa?
How Long Is The H-1B (Exempt) Visa Valid?
What Is The H-1B Cap?
Does the H-1B Cap Affect My Application?
What Is The Application Fee: Full ServiceFast Forms


 What Are The Requirements for an H-1B (Exempt) Visa?
 VisaNow.com® can prepare and submit the H-1B (exempt) visa application if the H-1B (exempt) visa applicant is presently in the U.S. in status or outside of the U.S.

An H-1B specialty occupation must meet three requirements:
  1. Require theoretical and practical application of a body of highly specialized knowledge;
  2. Require attainment of a bachelor's or higher degree or its equivalent in the specific specialty; and,
  3. Any one or more of the following:
  • A bachelor's degree or its equivalent is normally the minimum entry requirement for the position;
  • The degree requirement is common to the industry or, the position is so complex or unique that the work can be performed only by an individual with a degree
  • The employer normally requires a degree or its equivalent for the position; or,
  • The nature of the specific duties is so specialized and complex that the knowledge required to perform the duties is usually associated with the attainment of a bachelor or higher degree.
An H-1B visa applicant must have one of the following:

  • A state license to practice in the occupation, if such a license is required to practice;
  • A bachelor's degree or higher degree in the specialty field; or
  • At least 12 years experience in the specialty field.
Examples of areas of H-1B specialty occupations are:

  • Accounting
  • Architecture
  • The Arts
  • Business Specialties
  • Education
  • Engineering
  • Law
  • Mathematics
  • Medicine and Health
  • Physical sciences
  • Social sciences
  • Theology
In order to qualify for an exemption from the H-1B cap, the employee must either:
  • Work for an institution of higher education;
  • Work for a non-profit research organization;
  • Work for a government research organization;
  • work for a primary or secondary education institution;
  • work for a non-profit entity that engages in an established curriculum-related clinical training;
  • Be filing for the SECOND extension with the SAME employer
  • Be filing to request an amendment to a petition without a request for an extension; or
  • Be filing in order to correct a service error.

How Long Is The H-1B (Exempt) Visa Valid?
 An H-1B visa holder is admitted to the U.S. for up to three years, and may be extended for an additional three years for a total of six years. VisaNow.com® can make the application to extend the H-1B visa for an additional three years.

What is the H-1B Cap?
 The congressionally mandated H-1B cap is set at 65,000 visas per fiscal year.

Does the H-1B Cap Affect My Application?
 H-1B (exempt) visas are not affected by the H-1B cap.


TOP Back