USCIS Approves H-1B Nonimmigrant Visa for Cap-Exempt Employer

Getson & Schatz, P.C. provides immigration representation to a large hospital in Pennsylvania. The hospital needed help petitioning for a prospective H-1B employee for a change of employer. An H-1B nonimmigrant visa allows specialty occupation workers to temporarily work in the United States. There are two main requirements for an H-1B visa: (1) the position must be a specialty occupation requiring a U.S. bachelor’s degree or higher and (2) the person applying for the H-1B visa must possess a U.S. bachelor’s degree or higher or its equivalent. United States Citizenship and Immigration Services (USCIS) classified the hospital as a “cap exempt” H-1B employer because it is an Affiliate of a University and is also a non-profit research facility. In this case, our firm filed Form I-129 Petition for Immigrant Worker along with the H Supplement, Form I-129H-1B, and a copy of the Department of Labor (DOL) Labor Condition Application. The Labor Condition Application describes the wage to be paid, the prevailing wage for the position, and affirms that the employer will abide by certain regulations. We also provided a letter from the hospital regarding the formal job description of the position. Lastly, our firm filed a petition for the employee’s wife to obtain an H-4 nonimmigrant visa. The H-4 nonimmigrant visa is granted to derivatives (such as a spouse or children) of the primary visa beneficiary. USCIS approved the filings and the H-1B change of employer and H-4 extension of status were granted.

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