Cap-Exempt (H-1B)
Cap-exempt means an H-1B petition is not counted against the annual H-1B limit, so the employer can file at any time of year without entering the H-1B lottery. It usually applies to universities, their affiliated nonprofits, and nonprofit or government research organizations.
Why it matters
Most private employers must win the H-1B lottery, which covers 65,000 regular visas plus 20,000 for US master's graduates each year. Cap-exempt employers skip that step completely.
There are two related ideas:
- Cap-exempt employer: an institution of higher education, a related or affiliated nonprofit, or a nonprofit or government research organization.
- Already counted: if you held cap-subject H-1B status in the last six years, a new employer usually does not need a new lottery win.
If you move from a cap-exempt employer to a private company, the new job usually requires a lottery selection. Learn more on our H-1B visa page.
Frequently asked questions
Are all nonprofits cap-exempt?
No. Only nonprofits affiliated with a university, or nonprofit research organizations, qualify.
Can I work for a cap-exempt and a private employer at once?
Yes, through concurrent employment, but the private job must be cap-subject approved to continue if the cap-exempt job ends.
Do cap-exempt employers pay the registration fee?
No. They file Form I-129 directly without a lottery registration.
Official sources
- USCIS: H-1B Specialty Occupationsuscis.gov
General information, not legal advice. NorthAmericans.com is independent and not affiliated with any government.