Cap-Exempt H-1B: Overview

A type of H-1B visa can be obtained without joining the visa lottery, specifically for employees of certain non-profit organizations.

"Cap-Exempt H-1B" is a type of H-1B visa that is not subject to the annual quota and does not require a lottery. Eligible employers can submit applications at any time, and once approved, the visa becomes effective immediately. However, only certain qualifying non-profit organizations can apply for this type of H-1B visa. Below, we will introduce the types of institutions eligible to offer cap-exempt H-1B.

Institutions Eligible for Cap-Exempt H-1B

Institutions of Higher Education

All positions within higher education institutions qualify, including professors and administrative staff. You do not need to get a Ph.D. degree to be eligible; administrative roles are also acceptable. International students can utilize their bilingual skills to get positions in the international affairs offices of these institutions and obtain a cap-exempt H-1B visa.

According to the Higher Education Act, eligible institutions must meet the following criteria:

Recognized as public or private non-profit institutions.
Offer admission to students who have completed secondary education.
Accredited universities or colleges authorized by the state.
Provide programs leading to a bachelor's degree or at least a two-year associate degree.

Non-Profit Organizations Associated with a Higher Education Institution

These organizations must have a direct relationship with higher education institutions, such as being owned or operated by them. They must have formal written agreements with higher education institutions, and one of their missions should be to directly facilitate the research or educational projects of these institutions. For example, university-affiliated hospitals fall into this category.

Government Research Organizations

These are government entities engaged in research work, either at the federal or state level. Examples include the National Science Foundation (NSF) and the National Aeronautics and Space Administration (NASA).

Non-Profit Research Organizations

As suggested by the name, not all non-profit organizations belong to this category. For instance, chambers of commerce, charitable organizations, and some unions do not meet the requirements. Eligible organizations are those exempt from federal income tax under section 501(a) of the Internal Revenue Code, with "research" as their primary mission. Various think tanks fall under this category.

Pros and Cons of Cap-Exempt H-1B

Pros

Cons

No Cap Limitations: Cap-exempt H-1B visas are not subject to the annual cap, so you do not need to go through the lottery process.
No Application Timing Restrictions: Eligible employers can submit applications any time of the year. Once approved, the visa becomes effective immediately, unlike general H-1B, which usually starts on October 1.
Higher Approval Rate and Faster Processing: With complete documentation, these applications can be approved quickly.
Premium Processing Available: For urgent cases (such as an expiring student visa), you can choose premium processing by paying a $2,805 fee. This option ensures you receive the application results within a week.

Limited Job Mobility: If you want to switch to a for-profit company, you will need to go through the H-1B lottery process.
Lower Salaries and Limited Career Paths: The non-profit nature of most cap-exempt employers generally means lower salaries and fewer career advancement opportunities.
Uncertain Green Card Sponsorship: Many non-profit organizations, due to limited resources, may delay green card processing until after a long period of employment. Some may have no history of sponsoring green cards. It is crucial to inquire about the employer's green card policy before accepting a position.