Q: Are there any additional H-1B Visas?
A: Yes. There are, for example, 20,000 additional visas restricted for those candidates who have earned a U.S. Master’s Degree. Again, it’s very specific – the person must have earned a U.S. Master’s Degree and their position must require that they have the specialty Master’s Degree, then he or she is potentially eligible for the extra 20,000. If, for example, they are not chosen in that 20,000, they then are eligible for the 65,000 cap just like everyone else. So, essentially, this type of candidate will get a “second bite at the apple”. Additionally, there are other exceptions to the “cap” rule. For example, if you are being sponsored by a University or Institution of Higher Education, or a Nonprofit Organization, the petition is not subject to the H-1B Cap.
There is also another form of “exception” but it must be analyzed very carefully. In some cases, we have seen candidates who were previously employed in H-1B status but did not use up their full 6 years. If this happens, it may be possible that the candidate will be “exempt” from the H-1B cap because they have already been counted in H-1B status. But, again, this requires a very detailed analysis and must be discussed with the potential employer.
Another “exception” depends on what country you are from. These are based on treaties between the U.S. and that country. For example, citizens of Australia can qualify for the E-3 Visa which is essentially identical to the H-1B Visa. But only Australian citizens qualify for this Visa. Canadian Citizens use a different type of class called the TN Visa. This is very different from the H-1B Visa.
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