If you are an international student who wishes to work in the USA long-term, obtaining an H-1B visa might be a major goal for you. There’s only one problem: as of 2024, only 85,000 H-1B visas are made available each year through a lottery, and 20,000 of those visas are reserved for employees with a Master’s degree or higher.
While it’s easy to despair over the numbers, a better strategy is to create multiple backup plans and explore alternative options, including the cap-exempt H-1B.
What is a Cap-Exempt H-1B Visa?
Some employers are able to hire international workers without being subject to the annual H-1B cap. This means that international students can get hired by these employers at any time of the year without entering the lottery.
Which Employers are Cap-Exempt?
Employers that fall under the following categories are able to sponsor an H-1B visa without being subject to the annual cap:
- Higher education institutions
- Nonprofit entities that are related to or affiliated with a higher education institution (such as hospitals)
- Some Nonprofit research organizations
and
- Cap-subject organizations that require the H-1B employee to work exclusively with one of the above categories of cap-exempt employers (for example, a consulting or contracting company that hires you as an employee to work exclusively for a university, an affiliate, or a nonprofit governmental research organization)
How Do I Know if I Qualify?
After receiving a job offer, you must demonstrate that the position is directly related to your educational degree and/or proficiencies. The employer will then submit a cap-exempt H-1B petition to USCIS on your behalf.
After the application is submitted, you’ll need to wait for USCIS approval. According to VisaNation, the entire processing time takes about six months on average. Once approved, you can start working as soon as you have a valid visa.
Important: You do not necessarily need to be a researcher or scholar in order to qualify for a cap-exempt H1B. You can receive an H-1B for many different types of specialty-occupation positions that support qualifying organizations, as long as the organization is willing to sponsor your visa.
How Can I Find Cap-Exempt Employers and Positions?
While you should always check directly with the employer to confirm that they are cap-exempt and sponsor H-1B workers, a few tools can help you identify organizations that might be a good fit:
- MyVisaJobs has a list of all cap-exempt employers ranked by their visa approval rates. Make sure you tick the “cap-exempt” box! Please note that this tool is not 100% accurate and you should always double check with the employer.
- H1B.io has a helpful list of cap exempt employers.
- higheredjobs.com features extensive job postings with higher education institutions.
- Idealist.org and Guidestar.org include databases of non-profit institutions, some of which may hire H-1B workers.
For a more detailed overview of cap-exempt H-1B regulations and processes, check out these helpful articles from VisaNation, VisaPro and Herman Legal Group.
Want to discuss cap-exempt H-1Bs or alternative employment strategies in more detail? Schedule an advising appointment in Handshake!
