Hello I will graduate with MS degree in Summer 2016 from an US Graduate school. Recently I received a job offer from an US school as an adjunct instructor position for the upcoming year. I am going to apply for OPT now. I know H1B visa has some lottery system. But my prospective job is an academia position at an US University.
Academia position at an US University IS "cap exempt" from the H-1B quota. USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability.
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As long as you stick to academia positions, you will be cap exempt. University attorney would be able to help you.
If an employer is cap exempt they are not subject to the lottery. Have the University retaine a knowledgeable attorney to guide them and you through the process. Good luck!
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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