Are there new exemptions to the H-1B cap?
A2: Yes. In addition to increasing the cap, AC21 exempts H-1B workers who are employed by or have an offer of employment from: Institutions of higher education; Related or affiliated nonprofit entity, or Nonprofit or government research organization. AC21 also specifies that an H-1B worker be counted against the cap if the worker transfers from an “exempt” employer to an employer that does not have an exemption. In addition, the FY 2001 cap does not include H-1B petitions filed after INS reached the FY 2000 cap on March 22, 2000 but before September 1, 2000. INS estimates that approximately 30,000 petitions were filed during that time frame.
