The State of Massachusettshas hit upon an ingenious plan to widen the path for H-1B workers and employers,asreported by CNN/Money. By using theH-1B “concurrent” employer program and coupling it with the H-1B “cap exemption”for Universities, Massachusetts will help foreign entrepreneurs obtain H-1Bvisas to work in Massachusetts.
The plan appears towork like this: the MassachusettsTechnology Collaborative will vet prospective H-1B entrepreneurs. When an innovative entrepreneur isidentified, the Collaborative will find a Massachusetts University to sponsorthe H-1B worker under the “cap exemption” rule. This rule says that an H-1B worker who is sponsored by a University isnot subject to the H-1Blottery.
Because there is noset required number of hours that the H-1B worker must be employed at theUniversity, the expectation is that the H-1B worker will only work 8-10 hoursper week at the University.
Presumably, the H-1B start-up will then sponsor the H-1B worker for a “concurrent” H-1B visa. The H-1B employee will spend the rest of thework-week employed by the start-up.
Without theassistance of the University, the plan would not work because the start-up’sH-1B sponsorship would normally be subject to the H-1B lottery. The plan is an elegant and creative one todeal with an outdated H-1B cap.
There is no reason that Massachusetts has to limit this plan to entrepreneurs. It could also be used to help fill critically short healthcare occupations.