Key change proposed for those on H-1B visas, working at cap-exempt institutions

The US Department of Homeland Security has proposed changes to the H-1B visa program, specifically relating to non-cap H-1B visas. The proposal suggests that H-1B beneficiaries who split their time between a cap-exempt entity and a non-cap-exempt entity may be eligible for cap exemption. The proposal also aims to expand cap-exempt availability by removing the requirement that duties must directly and predominately further the essential purpose of the cap-exempt entity. The proposal is currently open for public comments and will take several months to finalize and implement.

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