This article illustrates the pros and cons of cap-exempt H-1B through real cases of two students.
While jobs offering cap-exempt H-1B visas have advantages, they also come with limitations. Although these jobs do not require going through the H-1B lottery process, the career paths they provide may not be suitable for all international students. We will illustrate the pros and cons of cap-exempt H-1B with examples from two students.
Case 1: Giving Up a Cap-Exempt H-1B
Student D once interned at a non-profit organization (NGO) and received a full-time offer before his OPT ended. However, he ultimately decided to seek a new job and enter the H-1B lottery.
He stated his reasons for leaving the job:
"First, I realized that working at this NGO didn’t really resolve my status issues. I could only switch jobs within the non-profit sector and couldn’t move to other industries without entering the visa lottery. I would have to stay until I got a green card before I could change jobs or industries.
Secondly, I didn’t really enjoy working at NGOs. The salary wasn’t high, and it felt like I was staying just for the visa. I'm still young, and I don’t want to compromise so soon. I feel like I should give it another try.”
Case 2: Hui’s Experience with Cap-Exempt H-1B
The following content is provided by Hui:
Reflecting on the first half of 2021, one of the most important things on my mind was applying for the H-1B visa. Since I was graduating and my F-1 status was about to expire, obtaining a new legal status was essential for continuing my work.
Before graduation, I received a job offer from a university. Since universities are non-profit organizations, I didn’t need to apply for OPT; I could transition directly from F-1 to H-1B. This offer aligned perfectly with my career plans and wasn't just for the sake of obtaining a visa. Although the salary wasn't high, it was reasonable for my field.
Based on my experience, there are four steps to obtaining a cap-exempt H-1B:
- Receiving the Offer:After receiving the offer, the university’s faculty affairs staff contacted me to verify my visa information and sent me an H-1B application form.
- Submitting the Application Form: I completed the H-1B application form and sent it back to the university staff, along with other required documents:
- Official transcript
- U.S. Residential address
- Permanent home address (in your home country)
- H-1B application form (provided by your employer)
- Copy of your I-20
- Form I-94 (download from the I-94 website)
- Copy of your passport
- Degree certificate (If not yet graduated, provide a signed letter from your advisor and department chair)
- Visa
- Attorney Submission: The university had an attorney for handling faculty H-1B applications. This attorney collected my documents and submitted the petition to USCIS. Receiving the submission, USCIS would generate a case number.
- Checking the Status: I checked my case status on the USCIS website using the case number. Creating a USCIS account could make it easier to track your case.
Cap-exempt H-1B applications are rarely denied, so there’s no need to worry. The attorney may send a copy of the H-1B approval notice to your U.S. residence. If you live nearby, you can also pick it up yourself.
Cap-exempt H-1B applications offer the option of premium processing, which can get you approval within 5 days. Since I was in a hurry, I asked my university to purchase premium processing for my application. The cost of premium processing is usually covered by schools, so you don’t have to pay for it yourself. Eventually, I received my H-1B approval within a week.
If you’re working at a non-profit organization and your student visa is about to expire, don’t procrastinate. Contact your school early to apply. If you’re worried about timing, choose premium processing.