Interpretation of Visa Cap Exemptions Could Change

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On March 18, 2011, the U.S. Citizenship and Immigration Services (the “USCIS”) announced that it would review its current policy on H-1B cap exemptions for non-profit entities (such as hospitals) that are affiliated with institutions of higher education (such as universities or colleges).

The H-1B is a visa available to foreigners working in the U.S. in certain specialty occupations. By statute, H-1B visas are subject to an annual numerical limit or cap of 65,000 visas each year. The first 20,000 petitions for such visas made on behalf of individuals with U.S. master’s or doctoral degrees are exempt from and not counted against the cap.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Ronald Shapiro | Attorney Advertising

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