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Quick Hits

  • Cap-exempt petitioners of healthcare professionals include nonprofit entities affiliated with or related to institutions of higher education, institutions of higher education, and nonprofit and government research organizations.
  • Healthcare professionals who may be eligible for H-1B status include physicians, physical therapists, medical technologists, and nurses.
  • Cap-exempt petitions can be filed at any time of the year and do not need to go through the cap-subject registration lottery.

Cap-exempt petitioners of healthcare professionals may include the following:

  • Nonprofit entities affiliated with or related to institutions of higher education
  • Institutions of higher education
  • Nonprofit research organizations
  • Federal, state, or local government research organizations

Cap-exempt petitions can be filed at any time of the year and do not need to go through the cap-subject registration lottery.

An H-1B visa is a temporary visa for professionals in specialty occupations that require a Bachelor’s degree or equivalent for the position. Not all healthcare positions qualify for H-1B status, but the following positions may be eligible: physician, physical therapist, medical technologist, and nurse. Note that USCIS may require specific licenses depending on the position and the worksite location.

Next Steps

Healthcare employers may want to confirm if they qualify as cap-exempt petitioners. Employers may also wish to review if any healthcare worker positions are eligible for H-1B status, as this may open up the possibility of hiring foreign nationals in H-1B status to fill vacant positions.

Ogletree Deakins’ Immigration Practice Group will continue to monitor developments and will provide updates on the Immigration blog as additional information becomes available.

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