Other Immigration Topics Attorney in Cambridge, Massachusetts

What is a Cap Exempt H-1 B Visa?

Cambridge, MA immigration lawyer Jeff Goldman explains how a Cap Exempt H-1 B Visa works and how his firm assists their clients in obtaining one.

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[Music]
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the h-1b visa is the most common way
00:07
that foreign professionals come to the
00:09
United States to work legally the h-1b
00:12
requires an employer to sponsor the
00:14
foreign national for a specialty
00:16
occupation which means a job that
00:19
requires a specialized degree and the
00:22
foreign national has that specialized
00:24
degree the hardest part of the h-1b is
00:27
that they’re limited in number there’s
00:29
only 85,000 available every fiscal year
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but the demand is in the hundreds of
00:35
thousands so the government is forced to
00:37
conduct a lottery
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and pick out the 85,000 winners each
00:41
fiscal year but it turns out that
00:44
Congress decided that there are four
00:47
particular organizations that should be
00:50
exempt from the annual cap of 85,000
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h-1bs government research organizations
00:57
nonprofit research organizations
01:00
universities and nonprofit organizations
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that are affiliated with the university
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these four organizations are exempt from
01:09
the annual cap so they can always file
01:12
an h-1b for a qualified foreign national
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now what’s interesting about the law is
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that the cap exempt h-1b is not only
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available to those four organizations
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but it is also available to any company
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even a private company if the foreign
01:32
national already has received a cap
01:35
exempt organization so consider this a
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company wants to hire a very valuable
01:41
foreign national let’s say it’s a
01:42
chemical engineer and they want this
01:45
particular chemical engineer but the
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only solution is h-1b and there are no
01:50
h-1b visas available what does the
01:53
company do well it turns out if a
01:56
university or a non-profit affiliated
02:00
with a university will hire that foreign
02:03
national for part-time h-1b work let’s
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say ten hours a week to do professional
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h-1b work that truly requires about
02:13
Julis degree in a specialized field and
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that employer files for a cap exempt
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h-1b because they can and the US
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Immigration Service approves that cap
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exempt h-1b well then suddenly any
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private company is able to piggyback on
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top of that cap exempt h-1b and
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immediately file for their own
02:35
cap-exempt h-1b even though without that
02:40
situation the same employer could never
02:42
file for a cap exempt h-1b because
02:44
they’re not one of the four designated
02:45
cap-exempt employers well this is a very
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interesting solution for so many people
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it’s created much discussion and
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excitement among immigration attorneys
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our law firm has particular expertise
03:00
with cap-exempt h-1b visas for the
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following reasons I personally have
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created two different cap-exempt
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employment situations in 2015 I
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conceived of and helped implement a
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program called the Massachusetts global
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entrepreneurship in residence program
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which has become a wildly successful
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cap-exempt h-1b program in partnership
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with the University of Massachusetts
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following up on the success of the
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Massachusetts Global Entrepreneurship
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and residence program in 2018 I started
03:39
my own nonprofit organization which is
03:42
doing terrific things to help immigrants
03:44
all over the country but I realize that
03:47
a nonprofit organization is one of the
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cap-exempt h-1b organizations if it has
03:54
an affiliation with the University so
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after we had established the nonprofit
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we reached out to six universities here
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in Massachusetts to see whether they
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would be interested in some kind of an
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affiliation agreement which would help
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university students and it’s become a
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fabulous program where foreign nationals
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are now working as mentors to university
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students in the STEM fields and now open
04:24
avenues foundation
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is an h-1b cap exempt organization
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because it is a non-profit affiliated
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with universities as such open avenues
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foundation is able to sponsor cap-exempt
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h-1bs and businesses all over
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Massachusetts in New England are
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partnering with open avenues foundation
04:45
to obtain their own cap-exempt h-1bs
04:48
based on the same model that was proven
04:51
successful with the University of
04:52
Massachusetts
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[Music]

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