There are few categories under which the beneficiaries are exempted from the H-1B time limits. In fact the six-year limitation will not apply to the beneficiaries who do not reside continuously in the United States and whose employment in the United States was seasonal or intermittent or was for an aggregate of six months or less per year. Further, the time limits shall not apply to the beneficiaries who reside abroad and regularly commute to the United States to engage in part-time employment.

For example, an accounting professional coming to the United Sates periodically, once a year or twice a year, at the tax season or a computer professional coming to the United States periodically to update the data/ systems.

In order to qualify for this exception, the beneficiary must prove with convincing proof, such as arrival/ departure records, copies of aboard tax returns, records of their employment. (Ref. 8CFR § 214.2(h)(13)(v))