H-1B Cap Exemption For Physicians, Groups & Facilities

A majority of H-1B visa applications submitted on behalf of physician groups, physicians and other medical facilities may be exempt from the H-1B visa caps.

The following are exempt from the H-1B annual numerical cap:
  • J-1 non-immigrant physicians who received a Conrad-30 waiver of the two-year foreign residence requirement based on sponsorship by a state health department;
  • Certain employees at higher educational institutions and their related or affiliated non-profit entities;
  • Certain employees of non-profit research organizations or governmental research organizations; and
  • Under certain circumstances, an individual who has already been counted toward the cap in 6 years before the approval of a new petition.
Medical residents, fellows as well as practicing physicians that work in a non-profit organization that is affiliated with an educational institution or residency program may qualify for H-1B visa applications in spite of the H-1B visa caps. Note, however, that an H-1B transfer from a non-cap organization to an organization that is subject to the cap can only be done when a visa number is available for new employer.


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