H-1B Cap-Exempt Visa

H-1B without the annual lottery — for qualifying employers.

Work Visas

Overview

Certain employers are exempt from the annual H-1B numerical cap and can file H-1B petitions at any time, without the registration lottery. These include institutions of higher education, related or affiliated nonprofit entities, and nonprofit or governmental research organizations.

Who it's for

  • Faculty and staff at universities and colleges
  • Employees of affiliated nonprofits and research organizations
  • Workers concurrently employed by a cap-exempt entity

Key points

No lottery

Cap-exempt petitions are not subject to the registration selection process.

Qualifying employer

Exemption depends on the petitioning organization's status.

Same standards

The role must still qualify as a specialty occupation with an LCA.

Disclaimer: We are not attorneys in the U.S. Kindly do not depend upon us for legal advice. Our scope of services is limited to documentation for immigration petitions.