Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:
- Institutions of higher education
- Non-profit entities related or affiliated to a higher education institution
- Non-profit research organizations or governmental research organizations
Petitions filed on behalf of current or former H-1B workers who have been counted previously against the cap also do not count toward the cap. Accordingly, USCIS will continue to process FY 2013 and FY 2014 petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States.
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.
- Allow recapture of the time that H-1B workers spent outside the U.S.
- Change status back to H-1B from other status like H-4 or F-1.