Introduction

The H1B visa is a top choice for skilled workers aiming to build their careers in the United States. However, with an annual cap of 85,000 visas and a competitive lottery system, securing one can feel like a challenge.

The good news is that not everyone has to deal with the cap or lottery. Certain employers and positions qualify for a H1B Cap exempt visa, allowing them to apply at any time of the year without worrying about the limits.

In this guide, we’ll dive into everything you need to know about the Cap exempt H1B, including what it means, who qualifies, and how the process works. If you’re looking for an easier way to secure an H-1B visa, understanding the Cap-Exempt H1B could be the key to your success.

What does H1B cap exempt mean?

Typically, the standard H1B visa program has a limit or “cap” on the number of visas issued each year—set at 65,000 for most applicants, with an additional 20,000 reserved for those with U.S. master’s degrees or higher. Applicants must register in an annual lottery to get chosen for one of these limited spots, and need to do so well in advance of the start date.

Due to regular high demand, many H1B visa applicants face low odds of selection in the annual lottery, with only a small portion making it through each year. However, certain employers are exempt from this cap on H1B visas, and can file at any time, regardless of the limit or selection in the lottery.

‼️ 2025 has brought many changes to the H-1B visa program. Read the latest on Trump's $100K H-1B fee or explore DHS's proposed changes to the H-1B lottery.

Who qualifies for H1B cap exemption?

Exemption from the H-1B cap is based on your employer. You may be eligible for a cap exempt H-1B if you’re offered a job with certain types of organizations, including universities, nonprofit research organizations, and government research institutions. These employers have unique roles in education, research, or public service, and therefore the government provides exemptions in the public interest.

Cap Exempt vs Cap-Subject H1B Visas

The H-1B visa can be either cap-exempt or cap-subject, and the main differences revolve around quotas and employer types.

If you currently have a cap-exempt H1B visa and want to switch to a cap-subject position, you’ll need to start the application process again. This means your new employer will need to register your case in the lottery in order to file a cap-subject petition for you. On the flip side, if you’re on a cap-subject visa and want to transition to a cap-exempt employer, you have more flexibility and can transfer at any time.

What are the cap exempt H1B employers?

Cap exempt H1B employers are certain types of organizations that can hire H1B workers without going through the annual visa cap or lottery. Here’s who qualifies:

• Universities and Colleges: U.S. higher education institutions can hire H1B employees without being limited by the cap, allowing them to bring on specialized staff like professors or researchers year-round.
• Nonprofits Affiliated with Universities: Nonprofit organizations closely linked to universities—like teaching hospitals or research centers—can also hire H1B workers outside of the cap.
• Nonprofit Research Organizations: Independent nonprofits dedicated to scientific research qualify as cap-exempt, meaning they can sponsor H1B visas anytime.
• Government Research Organizations: U.S. government-funded research institutions that work on public benefit projects are also exempt from the cap.

Cap-Exempt H1B Employers: Institutions of Higher Education

For a higher education institution to qualify as H1B cap-exempt, it must meet the following requirements:

• Recognized as Higher Education: Must be a U.S.-accredited college, university, or community college offering degrees or certifications beyond high school.
• Primary Purpose: The institution’s main focus must be on post-secondary education (e.g., bachelor’s, master’s, or doctoral programs).
• Nonprofit Status: Many cap-exempt universities and colleges are nonprofit, but for-profit universities may qualify if they meet other criteria.

Examples of H1B cap-exempt higher education institutions include:

• Public and private universities
• Community colleges offering accredited two-year programs

Cap-Exempt H1B Employers: Nonprofit Organizations Affiliated with Institutions of Higher Education

To qualify as H1B cap-exempt, nonprofit organizations affiliated with institutions of higher education must meet the following requirements:

• Formal Affiliation with a College or University: The organization must have a formal, documented affiliation with an accredited U.S. college or university.
• Nonprofit Status: The organization must be a registered nonprofit, often focused on supporting educational or research activities.
• Role Supporting Higher Education: The organization’s primary mission must directly support the educational, research, or public service goals of its affiliated college or university.

Cap-exempt nonprofits affiliated with universities include:

• University research centers for specialized studies
• Hospitals closely tied to a university
• Policy research institutes focused on public issues that are linked to a university
• Nonprofit foundations that manage endowments and provide funding for student scholarships, research, and educational programs
• Educational outreach programs associated with a university

Cap-Exempt H1B Employers: Government Research Organizations

To qualify as H1B cap-exempt, government research organizations must meet the following requirements:

• Direct Government Affiliation: The organization must be a U.S. government entity or receive government funding and oversight.
• Primary Purpose: Research: The main mission must be to conduct research in fields, including science, medicine, technology, or social policy.
• Public Service or National Benefit Focus: The organization’s research should serve the public interest or benefit society, rather than commercial gains.

Examples of cap-exempt government research organizations include:

• National Institutes of Health (NIH)
• National Aeronautics and Space Administration (NASA)
• Department of Energy National Laboratories
• Centers for Disease Control and Prevention (CDC)

Cap-Exempt H1B Employers: Nonprofit Research Organizations

To qualify as H1B cap-exempt, nonprofit research organizations must meet the following requirements:

• Nonprofit Status: The organization must be registered as a nonprofit under U.S. law.
• Focus on Research: The primary mission of the organization must be conducting research that contributes to public knowledge or benefits society.
• No Commercial Profit Motive: The organization shouldn’t be primarily profit-driven; its work should be focused on public benefit and scientific or educational advancement.

Here are some examples of H1B cap-exempt nonprofit research organizations:

• RAND Corporation: A nonprofit think tank that conducts research and analysis to improve policy and decision-making in various fields.
• Salk Institute for Biological Studies: A nonprofit research institute that aims to understand the fundamentals of life and develop new therapies for diseases.
• Brookings Institution: A nonprofit public policy organization that conducts research on various issues, including economics, foreign policy, and governance.
• Pew Research Center: A nonprofit organization that conducts surveys and research on topics like public opinion, religion, and demographics to provide insights into societal changes.

Cap-Exempt H1B Employers List

Check out this list of cap-exempt H1B employers in different categories. Keep in mind that this is just a sample, and there are many more employers out there that might also qualify as H1B cap-exempt.

Pros and Cons of Cap-Exempt H1B Jobs

Like any career decision, there are both advantages and disadvantages to cap-exempt H1B jobs. Understanding the pros and cons can help you make an informed decision on your immigration journey.

• No Lottery Hassle: One of the biggest advantages is that you don’t have to go through the H1B cap and lottery, and you can apply anytime, not just during specific windows.
• Immediate Employment: You can start working soon after receiving your job offer.
• Diverse Job Opportunities: H1B cap-exempt jobs are available in a variety of fields, allowing you to find a position that matches your skills and interests.
• Stability: Working for H1B cap-exempt employers often comes with stability, as these institutions tend to be well-established and focused on long-term projects.

• Limited Employer Options: While there are many cap-exempt employers, the list is narrower than the broader H1B visa job market.
• Specific Qualifications: Not all positions at cap-exempt organizations qualify; you may need to meet specific educational or job-related criteria to be eligible.
• Potential Salary Limitations: Some nonprofit and government research roles may offer lower salaries compared to private sector companies.
• Work Environment Variations: The culture and work environment in universities, nonprofits, and government jobs can be different from the corporate world.

How long can you work under an H1B cap-exempt visa?

Like a standard H1B visa, you can work under a cap-exempt H-1B initially for up to three years, with the possibility of extensions.

Application Process for H1B Cap Exempt Visa

The application process for an H1B cap-exempt visa can be a bit different from the standard H1B visa process. Here’s how the process works:

The first step is to secure a job offer from an H1B cap-exempt employer—such as a university, nonprofit affiliated with a university, government research organization, or nonprofit research organization.

Once you have a job offer, you’ll need to collect the necessary documents. This includes:

• Your passport
• Educational credentials (like diplomas and transcripts)
• A detailed resume
• A job offer letter from the employer
• Any other documents that prove your qualifications for the position

Your employer will need to file a Form I-129, Petition for a Nonimmigrant Worker. This form provides information about the job and your qualifications.

Because the employer is cap-exempt, they can submit the petition at any time, without worrying about the annual H1B cap or lottery.

The approval process for an H1B cap-exempt visa can take anywhere from a few weeks to several months, but you can usually start working once the application is approved.

If you are outside of the US, you can apply for your H1B visa at a U.S. consulate. This involves filling out the DS-160 form and scheduling a visa interview.

Learn more in our comprehensive H1B visa guide.

H1B Cap-Exempt Visa Processing Time

When it comes to H-1B Cap-Exempt visa processing times, the timeline depends on USCIS workload and the service center handling your case. Learn about current USCIS processing times here.

If you need H1B visa approval faster you can apply for Premium Processing. The Premium Processing fee for the H1B visa is currently $2,805.

Keep in mind that while Premium Processing speeds things up, it doesn’t guarantee approval.

It’s also worth noting that unexpected factors, like a Request for Evidence (RFE), can delay processing. Preparing a strong application and responding quickly can help keep things moving.

How Keller Law can help

Need help with applying for a cap-exempt H1B visa? Our experienced team can help you evaluate eligibility, prepare filings, and navigate transitions from cap-exempt to cap-subject (or vice versa).

Book a free consultation with Keller Law today.

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Avi Goldenberg

Principal attorney at Keller Law, PLLC