H1B petitions exempt from the annual quota

In a recent memo, the USCIS identified the following specific classes of nonimmigrants as exempt from the annual H-1B quota cap:

(a) beneficiaries who are in J-1 nonimmigrant status in order to receive graduate medical education or training pursuant to Immigration and Nationality Act (INA) 212(e)(iii),and who have obtained a waiver of the 2-year home residency requirement under the provisions of the INA first 214(1)(1)(B)(commonly referred to as the Conrad State 20 program);or

(b) beneficiaries who are employed at, or who have received an offer of employment at, an institution of higher education (as defined in the Higher Education Act of 1965 101(a), 20 USC 1001(a)),or a related or affiliated non-profit entity; or 

(c) beneficiaries who are employed by, or who have received an offer of employment from, a non-profit research organization; or

(d) beneficiaries who are employed by, or who have received an offer of employment from, a governmental research organization; or

(e) beneficiaries who are currently maintaining, or who have held within the last 6 years, H-1B status, and are ineligible for another full six year stay as an H-1B; or

(f) beneficiaries who have been counted once toward the numerical limit, and are the beneficiary of multiple petitions.