The following employers are exempt from the H-1B cap/quota:
1) institutions of higher education (i.e., universities) and their related non-profit entities,
2) non-profit research organizations, and
3) governmental research organizations.
In order to qualify as a “non-profit research organization” or a “governmental research organization” the regulations state that the employer’s primary mission must be the “performance or promotion of basic research and/or applied research.” The regulations then go on to define both basic and applied research.
For the US Forest Service, if the office you’ll be working for does not know if it is exempt from the H-1B cap as a governmental research organization, the Service’s legal office should be able to help. As for your other potential employer, the same analysis has to be done.
Apart from an H-1B visa, your other options really depend on several factors including, the exact nature of the job offered to you as well as your education, training, and other qualifications.
You may find it helpful at this stage to schedule a consultation with me. My fee for a telephone consultation is only $85 and it will allow you to (1) determine whether or not the job is subject to the H-1B cap/quota and (2) if it is subject to the quota, discuss other visa options. To schedule a consultation, please contact my office directly by e-mail or phone.
Edward Weiner
Attorney at Law
E-mail: E.Weiner@immigration-aux-usa.com
Internet Site:
http://www.immigration-aux-usa.com/
