Are government/county jobs H1b cap exempt?

UPDATED: Sep 30, 2022

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Are government/county jobs H1b cap exempt?

I’m in H4 visa and residing at US. I have recently applied for a government IT
job at county office and I got cleared all tests and waiting for the final
interview to be held next week.

I would like to know, what are my chances to get H1b visa or direct GC from here?
Are government jobs H1b cap exempt?

Thanks in advance.

Asked on August 26, 2016 under Immigration Law, California


SB Member California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Some government jobs may be cap exempt as far as the H-1B.  There is no direct GC from working in a government job.  You still have to be sponsored by the employer and the employer has to go through the same steps as any private company has to do.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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