· Business Immigration Law · 2 min read
Which Employers Are H-1B Cap-Exempt?
A breakdown of which employers can sponsor H-1B workers without the cap or lottery: universities, nonprofits, and research organizations.
Some employers can hire H-1B workers any time of year, with no cap and no lottery. If you’re one of them, the seasonal scramble doesn’t apply. Cap-exempt status is defined by the type of organization, and in some cases by where the work is performed.
Higher education institutions
Institutions of higher education qualify as cap-exempt. They can file H-1B petitions year-round without entering the lottery.
Nonprofits tied to universities
Nonprofit organizations that are related to or affiliated with an institution of higher education are also cap-exempt. The affiliation has to be genuine and documented.
Research organizations
Nonprofit research organizations and governmental research organizations qualify. The work has to fit the research mission.
The concurrent and placement angle
A worker can sometimes hold a cap-subject role and a concurrent cap-exempt role. And in some cases, a cap-subject employer can place a worker at a cap-exempt organization to qualify, but this area is fact-specific and scrutinized, so get it reviewed. If your organization might qualify, confirming cap-exempt status early changes your entire hiring timeline.
If you’re weighing your options, a consultation with Capitol Law Partners can map the right path for your situation. Schedule a consultation.
This article is for informational purposes only and does not constitute legal advice. No attorney-client relationship is formed by this communication.
Attorney Cagatay Ersoy. Practical strategy for founders, investors, and growing companies.
