The following is not legal advice.  Please contact a qualified immigration lawyer for assistance with your unique legal matter.

March madness is over. Our office filed all of our cap-subject H-1B petitions today and we will hold our breath for the next few weeks to see who won the “lottery” and had their petitions accepted and who will have to go home. It’s sad that our immigration laws have become a game show and the foreign nationals and companies that wish to hire them, the contestants.

Some beneficiaries and employers are exempt from the numerical limitation. For instance, beneficiaries who hold a Master degree from a U.S. college or university are subject to a separate 20,000 cap and some of those who have previously had an H-1B in the last six years and have not left the U.S. for more than a year during that period are cap-exempt.

Many organizations are exempt from the cap, such as non-profit organizations that are related to or affiliated with an institution of higher education. This is a great opportunity for such organizations to avail themselves of the H-1B visa program to recruit foreign nationals in an area where there are traditionally not enough interested U.S. candidates applying for the available positions, such as House Managers or Case Specialists who work with the developmentally disabled.

Quality Human Service Professionals (QHSP) is an organization that successfully brings professionals from abroad to work for U.S. nonprofits that are affiliated with or related to institutions of higher education. If you represent such a nonprofit or are a professional with at least a Bachelor degree and are interested in working with developmentally disabled individuals, I recommend contacting QHSP.

In the interest of full disclosure, neither I nor anyone at Maged Rost has an ownership interest in QHSP. However, our firm does represent the nonprofits and some beneficiaries who use the company’s services. I have created a permanent link to QHSP that can be found to the left.

Author: Bradley Maged

I'm Brad Maged, an immigration lawyer in Boston, Massachusetts. I help people who want to live and work in the United States and companies that wish to employ them. This blog provides opinion and information on developments in immigration law. Thanks for reading!

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