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Do you know which category you fit in?

The 2019-2020 H-1B cap is 85,000 petitions. The regular quota (first category) allows for 65,000 petitions. The second category is reserved for the masters’ quota and sets aside an additional 20,000. In conjunction with the Free Trade Agreement, 6,800 spots are reserved for citizens of Singapore and Chile as part of the 65,000 spots in the regular quota.

Can I qualify for an exemption?

You may qualify for the master’s cap if you received your degree from a U.S. based institution that is public or non-profit in nature and has been recognized by a national accrediting agency as being accredited. It’s best not to assume that your particular institution is accredited. For H1B Visa Process Visit UT Evaluators

There have even been cases in the past where accreditation was revoked due to violations or even a school shut down altogether. The University of Northern Virginia, for example, made headlines in 2013 and was closed by the government due to its operations. The H-1B visa process involves many steps, including confirming your eligibility.

There are other ways to circumvent the annual cap. If you have been counted against the cap in prior years and haven’t reached the maximum 6-year limit then you may qualify for an exemption.

Another exemption is if the petition is filed by a nonprofit organization or institute of higher learning. In that case, you may not be subject to the cap. For more H-1B filing tips in regards to exemptions its best to explain your situation to a qualified immigration attorney.

Challenges to getting an H-1B visa

In this section, we feel it’s necessary to address some challenges faced exclusively to startups and small businesses. USCIS makes it a point to determine whether the petitioning employer has the cash flow necessary and policies set up to pay their H-1B employer the wages quoted in the LCA.

Unlike large companies, small companies may face difficulties demonstrating these qualifications at the onset of operations. For more information on H1B Visa check Aryavarta

Another issue often confronted by petitioners who are also the founders or co-founders of the business is distinguishing a clear employer/employee relationship. Since the petitioner (in this scenario) is one and the same, USCIS may require additional documentation supporting a separate Board of Directors with the ability to supervise and issue compensation.

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