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Question About H2b Visa Cap

Ruth asks…

can an H2B visa application be changed over to a Q1 visa since the H2B cap has been met?

Best Answer:

It would be up to the employer to determine what visa classification to apply under. Various employers have been trying different creative ways to get over or under the H caps. It would depend on the nature of the job and how it’s defined on paper, but the criteria for Q visas and the intent in establishing that visa class was very different from the H2b classification. There’s supposed to be a cultural exchange element in the Q program. That doesn’t normally exist in most H2b type positions.

Posted From Yahoo! Answers (for informational purposes only)

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