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Comment by Aspos | Hacker News Reader

What about cap-exempt H1Bs? There are tons of new companies which streamlined the process and which are offering "nearly-guaranteed H1B with no lottery"

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There is no such thing for tech companies. Not sure where you heard about it.

Only non-profits are allowed to skip the lotteries. I've seen it apply to universities and hospitals, but never to a for-profit tech company,

A cap-exempt H-1B doesn't let you work for a "company".

Only universities, university-affiliated nonprofits, nonprofit research organizations, and government research organizations can sponsor one. Furthermore, even after you obtain a cap-exempt H-1B, you would be required to go through the lottery like anyone else if you want to work at an employer subject to the H-1B cap.

How can _anyone_ bypass lottery when that's a USCIS process?

I understand there are some exceptions made for academic institutions so these companies employ people into a "participating university" for a token number of hours per month, person comes in and once they are in the country they can pursue different opportunities to get employed and change their status.

This cap-exempt H1B bypasses lottery, can be obtained in about 3 months any time during the year.

Yes - When Microsoft requests 14,000 H-1Bs after laying off 9,000 American workers, it's above and beyond the 85k cap.

All the Microsoft layoffs were US citizens? Do you have a source for this?

They were not because in a layoff you cannot prefer a specific protected category like race, gender, age AND nationality.

The 9000 number is also a global number which includes layoffs in countries all over the world.

The argument “9000 US workers were fired and X visa applications were applied for” is also very reductive. The layoffs were in gaming, sales and other divisions, meanwhile the visa applications were for people who either already are on visas in other divisions like engineering and are continuing their status or for people in newer positions that have nothing to do with sales or gaming.

i think you're mistaken. The H1B cap is 65K. Cap-exempts are capped at 20K. Thus total cap is 85K. No above and beyond of that number.

Speaking about original post US tech industry is 16M people. So 600K+ of H1Bs, suppose they all in tech, is 4%. Blip on a radar.

No, you're wrong too. The 20k is the Master's cap, only applicable to students who did a Master's or above in the US. Cap exempt refers to H1bs granted to US/State employers, who can get H1bs for employees without any cap whatsoever, and at any time of the year.

thanks, i see. So, MS can't get them really.

https://www.nafsa.org/professional-resources/browse-by-inter...

"AC21 [codified at INA § 214(g)(5)(A)-(B)] exempts the following petitioners from the H-1B cap:

Institutions of higher education

Nonprofit entities related to or affiliated with an institution of higher education

Nonprofit research organizations

Governmental research organizations

This. Cap exempts are usually PHDs and literal medical doctors.

No, it's not. The limit of new is universally capped at 85k. They can request as many applications as they want. The lottery still only picks a total of 85k

Source: I made it up

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