Does H1b cap exempt employer can file your greencard?

Question

Does H1b cap exempt employer can file your greencard?

Anonymous Oct 29, 2014 3 views 3 answers

Hi, If any non profit entity or non profit higher education institute or medical research center files H1B cap exempt visa , can the same employer file your greencard in near future. will it be the same greencard procedure applicable to cap exempt H1b?

Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed · Accepted Answer · 2026-06-15T12:32:05+00:00

The answer is "yes" - it will be the same "green card procedure" as any for profit employer's petition, the only instance where there'll be a difference is in the amount of the "prevailing wage" for the position mandated by DOL.

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Accepted Answer · 2026-06-15T12:32:05+00:00

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed

Alexander Joseph SegalImmigration AttorneyNew York, NYNY licensed · Jun 15, 2026

There is no connection between CAP exemption and ability of the employer to seek immigrant visa on behalf of a genuine employee.

0 upvotes

Mary Kathleen NealImmigration AttorneyChicago, IL · Accepted Answer · 2026-06-15T12:32:05+00:00

As my colleagues have stated, the green card procedure is essentially the same whether your employer is cap-exempt or not. There are some differences in wage schedules only, no special processes.

Does H1b cap exempt employer can file your greencard?

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