H1-B visas exempt?

Question

higher education institutions such as colleges and universities are exempt from the H1-b visas.

So if they can hire a foreign worker, is there a law that states only SPECIFIC job titles they are allowed to employ?

i.e can a university hire a foreign IT worker?

Answer 1

Universities are exempt from the H1B cap and there are no restrictions placed on specific job titles.

However IT is a very broad field and the chances that a U.S. citizen or permanent resident is not qualified for an IT position at a university is slim to none. Furthermore, if is expensive for an employer to sponsor and petition someone for an H1B and universities generally do not have the financial ability to do so and when they do, they usually are looking at those for teaching positions for which there is a shortage and a Master's or PhD. Degree is required to teach at college and university level.

A university will not go through the expense to hire someone who works in "IT" and neither will most other non-cap-exempt companies due to the amount of U.S. citizens and permanent residents already qualified and capable to perform the role within the company.

The exception to this is of course if you possess superior skills, knowledge and expertise in your field and you are at the top of your profession.