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Comment by atlgator | Hacker News Reader

Yes - When Microsoft requests 14,000 H-1Bs after laying off 9,000 American workers, it's above and beyond the 85k cap.

No, it's not. The limit of new is universally capped at 85k. They can request as many applications as they want. The lottery still only picks a total of 85k

All the Microsoft layoffs were US citizens? Do you have a source for this?

They were not because in a layoff you cannot prefer a specific protected category like race, gender, age AND nationality.

The 9000 number is also a global number which includes layoffs in countries all over the world.

The argument “9000 US workers were fired and X visa applications were applied for” is also very reductive. The layoffs were in gaming, sales and other divisions, meanwhile the visa applications were for people who either already are on visas in other divisions like engineering and are continuing their status or for people in newer positions that have nothing to do with sales or gaming.

Source: I made it up

i think you're mistaken. The H1B cap is 65K. Cap-exempts are capped at 20K. Thus total cap is 85K. No above and beyond of that number.

Speaking about original post US tech industry is 16M people. So 600K+ of H1Bs, suppose they all in tech, is 4%. Blip on a radar.

No, you're wrong too. The 20k is the Master's cap, only applicable to students who did a Master's or above in the US. Cap exempt refers to H1bs granted to US/State employers, who can get H1bs for employees without any cap whatsoever, and at any time of the year.

thanks, i see. So, MS can't get them really.

https://www.nafsa.org/professional-resources/browse-by-inter...

"AC21 [codified at INA § 214(g)(5)(A)-(B)] exempts the following petitioners from the H-1B cap:

Institutions of higher education

Nonprofit entities related to or affiliated with an institution of higher education

Nonprofit research organizations

Governmental research organizations

This. Cap exempts are usually PHDs and literal medical doctors.

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