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#7: You have a U.S. MASTER'S DEGREE (until the 20,000 Master's quota runs out)

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Under current law, a special exemption exists for holders of U.S. Master's degrees. Specifically, the law allocates an additional 20,000 H-1Bs for holders of U.S. Master's degrees. This means that holders of U.S. Masters degrees are first counted against the quota of 20,000, and then after that quota runs out, they are counted against the regular quota.

#6: You were previously COUNTED under the H-1B quota

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If you were previously COUNTED under the H-1B quota, you are exempt from the quota for your next employment, or for any concurrent employment.

#5: Your Employer is a Nonprofit Research Organization or Government Research Organization

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If your Employer is a Nonprofit Research Organization or Government Research Organization, then your H-1B petition is exempt from the H-1B quota.

Plan for US-Mexico border fence draws an array of critics

FRONTON, Texas - Betty Perez and John Odgers typically don't share the same canoe - or much else. She's an earth mother-type who used to buy health food for an Austin cooperative and now cultivates native plants. He's a former banker turned Minuteman ...

#4: Your Employer is an "Institution of Higher Education", e.g., a College or University

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An "Institution of Higher Education", e.g., a College or University, is exempt from the H-1B quota, under current law. An "Institution of Higher Education" is generally a U.S. College or University (as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)).

#3: Your Employment is CONCURRENT with exempt employment

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If you are employed by an H-1B quota exempt employer under H-1B status, the USCIS has interpreted the regulations to permit you to obtain CONCURRENT employment, e.g., a part time position, with a non-quota exempt H-1B employer, provided that you maintain your employment with the original H-1B exempt employer.

#2: Your Employer is a Non-Profit Organization AFFILIATED or RELATED to an Institution of Higher Education

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If your employer is a Non-Profit Organization which is AFFILIATED or RELATED to an Institution of Higher Education, then your H-1B petition may be deemed exempt from the quota, under the applicable regulations. An "Institution of Higher Education" is generally a U.S. College or University (as defined in the Higher Education Act of 1965, section 101 (a), 20 U.S.C. section 1001(a)).

#1: Your Employer is NOT H-1B quota exempt, BUT, your Employment is "AT" an H-1B Exempt Institution (a “third party petitioner")

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The USCIS has interpreted the regulations to deem an H-1B nonimmigrant "quota exempt" who works "at" a quota exempt institution, even if he or she works for a non-exempt employer, under certain circumstances, as discussed in this article.

Legal Immigrant High-Tech Workers Speak

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10 Ways to Beat H-1B Quota to Start Work NOW!

This year the H-1B quota ran out on the very first day! In fact, there was such a deluge of H-1B applications that the USCIS was forced to run a lottery to decide who among the applicants would receive a coveted H-1B visa. As a result, many applicants who applied on the very first day were unable to get an H-1B visa. Therefore, if you want to have a chance of obtaining an H-1B visa, your best bet is to qualify under one of the quota exemptions listed below. Best of all, if you qualify for an H-1B exemption, you can proceed with your H-1B petition immediately, to start work now (either immediately upon approval of the H-1B petition or upon receipt of the petition if you qualify for portability), without having to wait for the next fiscal year!

Smugglers, others exploiting U.S.' porous northern border

ALBURGH, VT. - The United States ends where Blair Road becomes 'Chemin 4eme Concession.' But for someone headed north on the gravel road into Noyan, Quebec, there is nothing to mark the international divide other than two unobtrusive signs and a broken ...

Spitzer Tries New Tack on Immigrants Licenses

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N.Y. Will Offer Secure Driver's Licenses to Citizens: Illegal Immigrants Will Be Allowed to Get a Version, a Move Homeland Secur

The Bush administration and New York announced an agreement yesterday to create a generation of super-secure driver's licenses for U.S. citizens, but also to allow illegal immigrants to get a version. New York is the largest state to sign on so far to ...

Activist seeks help for immigrants' kids

MIAMI Experts say Nora Sandigo doesn't have a prayer in her bid to get the U.S. Supreme Court to stop the deportation of illegal immigrants with U.S.-born children. Sandigo just nods she's heard it all before. Naysayers scoffed when the immigration ...

Mexican migrants sending less money home

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Decision on cross-border operation in Iran expected after Erdogan-Bush meeting

/PanARMENIAN.Net/ The decision on a cross-border operation in northern Iran will be taken after formal visit of Turkish Prime Minister Recep Tayyip Erdogan to the United States, chief of the Turkish general staff Yashar Buyukanit said. "Some measures are ...

Fixing Illegal Immigration by Nixing the Open Borders/North American Union Vision Behind It Contributed by: Anonymous

Although American public opinion is rapidly coalescing around the idea that the government can and must solve the illegal immigration problem, a lasting solution must include rooting out the open borders/North American Union vision behind it by ...

Mexican fire crew joins the fight, sees migrants' ordeal

DULZURA, Calif. -- They were on their way back to Jamul, weary from dousing a flare-up along winding California 94. 'Stop!' a captain yelled to his fellow firefighters. 'I think I see a body.' The engines in the caravan quickly reversed a couple of ...

First American granted Afghan citizenship

KABUL: Debra Mariam Babakarkhail, resident of San Diego, California, has become the first American citizen to be granted Afghan nationality in compliance with orders from President Hamid Karzai. The 53-year-old Debra Mariam Babakarkhail had tied the ...

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Search for H1B Visa Employers

You can search for "H1B Visa Employers" using this database, which was compiled by Antao & Chuang, Attorneys at Law from government sources. This database identifies those U.S. employers who have filed for H-1B visas in the past, or who have at least started the process by filing for the LCA. If you find an employer you are interested in, you can then contact them to inquire as to whether they have any current job openings in your field. Please tell your friends about this valuable resource.

Use this form to search for H1B Visa employers.

"FMG Friendly" Employers

Foreign Medical Graduates ("FMGs") should be aware that there are "FMG Friendly" employers, and "FMG Unfriendly" employers. This database (compiled by Antao & Chuang, Attorneys at Law from government sources) identifies those U.S. employers who have filed for H-1B visas for foreign medical graduates in the past (or at least started the process by filing for the LCA), and who can therefore be deemed "FMG Friendly". Please tell your colleagues about this valuable resource.

Use this form to search for "FMG Friendly" employers in a given state.

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