In FY2024, around 800,000 applicants competed for just 85,000 available H-1B visas, leaving many individuals disappointed by not being selected in the lottery. Even after landing a job with H-1B sponsorship, the challenge of the annual lottery remains. If you are one of these people, consider H-1B visa cap-exempt jobs as an alternative option.
H-1B cap-exempt jobs are special positions that don't require you to go through the H-1B visa lottery. Unlike regular H-1B visas, which have a limited number of spots each year, cap-exempt jobs allow you to apply for an H-1B visa at any time without worrying about the yearly limit. These jobs are usually offered by certain types of employers, like universities, non-profit organizations linked to universities, and government or research organizations.
According to USCIS, employers that offer H-1B cap-exempt positions include:
Let’s explore what each of these categories entails:
All positions within accredited institutions of higher education qualify for H-1B cap-exempt status. This includes roles for professors, researchers, administrative staff, and others. You do not need to hold a doctoral or postdoctoral degree to qualify; positions in areas such as international student affairs are also eligible. The key criteria for these institutions include being recognized as public or private non-profit entities, offering educational programs leading to a bachelor’s degree or higher, and being accredited by a recognized authority.
These organizations have a direct affiliation with higher education institutions and exist to support or enhance the institution's educational or research mission. For example, university-affiliated hospitals where medical students work and gain experience often qualify under this category.
These are federal, state, or local government entities engaged in research activities. Examples include organizations like NASA or the National Science Foundation, which may hire researchers or specialists under the cap-exempt category.
These organizations are tax-exempt under Section 501(c)(3) of the Internal Revenue Code and primarily engage in research. Unlike other non-profits, only those focused on research qualify for cap-exempt H-1B positions. Examples include think tanks and specialized research institutes.
When searching for cap-exempt H-1B jobs, the most authoritative sources are the official websites of these institutions. However, job boards tailored to specific sectors can also be valuable resources:
Cap-exempt H-1B jobs offer a valuable alternative for those looking to avoid the uncertainty of the H-1B lottery. While these positions come with their own set of challenges, they provide a viable path to securing legal status and building a career in the United States.