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