The H-1B Cap and a List of Available 
Resources of Professional Workers for U.S. Employers

11/18/2008

1) Employers and Aliens That Are Not Subject to the H-1B Cap and Will Be Available During the Period of H-1B Cap Gap:

    • Employees of Higher Education Institution
    • Employees of Nonprofit organizations related or affiliated with the Higher Education Institutions
    • Employees of Nonprofit Research Organizations
    • Employees of government research organizations
    • Foreign medical doctors who received J-1 foreign residency requirement
    • Current or previous H-1B aliens who have not left the U.S. for one year consecutively during the past six years, including the period of L-1 visa status in the U.S.
    • U.S. Master or higher degree holders (subject to separate numbers of 20,000).

2) Alternative Temporary Nonimmigrant Worker Visas or Status:

    • O-1 for extraordinary workers in arts, sciences, education, business or athletes
    • P-1 for internationally recognized athletes and entertainers
    • R-1 for religious workers
    • TN for Canadian and Mexican professional workers
    • E-3 for Australian professional professional workers
    • H-1B1 for Singapore and Chile professional workers
    • I-1 for international media workers
    • H-2B for seasonal, inter-mittant, or temporary professional workers
    • H-3 professional aliens for temporary industrial training at the U.S. employer site
    • L-1 intra-company transfer of employees for multi-national corporations
    • E-1 and E-2 Treaty Trader or Investor workers for certain countries that have such treaties with the U.S.

 

 

 

     

 

 

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