Everything you need to know about cap-exempt H-1B employment — no lottery, no annual cap, file anytime. Which employers qualify and what the tradeoffs are.
While most H-1B workers must go through the annual lottery with a 25-30% selection rate, a significant category of employers can file H-1B petitions at any time, with no cap and no lottery. These are cap-exempt employers — primarily institutions of higher education, nonprofit research organizations, and government research organizations. For international professionals frustrated by the lottery or looking for guaranteed H-1B processing, cap-exempt employment represents one of the most reliable pathways to U.S. work authorization.
| Company | Total H-1B Filings |
|---|---|
| Amazon | 55,150 |
| Microsoft | 34,626 |
| 33,416 | |
| Infosys | 32,840 |
| Tata Consultancy Services | 28,950 |
| Cognizant | 26,700 |
| Deloitte | 18,200 |
| Apple | 15,800 |
| Meta | 14,900 |
| JPMorgan Chase | 12,400 |
Section 214(g)(5) of the Immigration and Nationality Act (INA) exempts certain employers from the H-1B numerical cap. The exemption applies to four categories: (1) Institutions of higher education as defined by the Higher Education Act — this includes all accredited universities, colleges, and community colleges; (2) Nonprofit entities related to or affiliated with institutions of higher education — such as university hospitals, research foundations, and affiliated teaching hospitals; (3) Nonprofit research organizations — entities whose primary mission is fundamental research; and (4) Government research organizations — including NIH, national laboratories, CDC, and similar federal research entities.
The cap exemption applies to the employer, not the employee. If you currently work at a cap-exempt employer and want to move to a cap-subject private employer, you would need to go through the lottery (unless you were previously counted against the cap). Conversely, if you are at a cap-subject employer, you can transfer to a cap-exempt employer at any time without lottery concerns.
An important nuance: the cap exemption extends to workers who are employed at a cap-subject company but whose work is at a qualifying institution. For example, a consulting company that places an H-1B worker full-time at a university campus to perform work for the university may qualify for the cap exemption. However, USCIS scrutinizes these arrangements closely, and the work must be genuinely performed at and for the qualifying institution.
A: If you have never been counted against the H-1B cap (i.e., you've only worked for cap-exempt employers), you would need to go through the lottery to move to a private company. If you were previously counted against the cap (e.g., you won the lottery years ago and then moved to a university), you can return to a cap-subject employer without a new lottery selection, as long as your 6-year H-1B clock hasn't expired.
Q: Are all hospitals cap-exempt?
A: No. Only nonprofit hospitals that are related to or affiliated with a qualifying institution of higher education are cap-exempt. A private for-profit hospital is not cap-exempt. A university teaching hospital (like Johns Hopkins Hospital, Mayo Clinic's educational affiliates, or Stanford Health Care) typically qualifies. The key test is the nonprofit status and the genuine affiliation with a university.
Use Wisa to search for universities, research institutions, and nonprofit organizations that sponsor H-1B visas. Cap-exempt employers offer guaranteed H-1B processing without lottery uncertainty. Search H-1B sponsors on Wisa →
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Search H-1B Sponsors on Wisa →An employer is cap-exempt if it falls into one of four categories defined by the INA: (1) institutions of higher education (accredited universities/colleges), (2) nonprofit entities related to or affiliated with universities, (3) nonprofit research organizations whose primary mission is fundamental research, or (4) government research organizations. Private companies, for-profit hospitals, and most nonprofits that are not research-focused are NOT cap-exempt.
Yes. Cap-exempt employers can file H-1B petitions at any time during the year — there is no registration window, no lottery, and no annual cap. This means an international professional can receive an offer from a university in July and have their H-1B petition filed immediately, without waiting for the next fiscal year's lottery cycle.
Generally, yes. University and nonprofit salaries are typically 15-30% lower than equivalent private-sector roles, especially in technology and engineering. However, the guaranteed H-1B processing (no lottery risk), potential for research-focused work, and access to benefits like tuition waivers, retirement matching, and loan forgiveness programs can offset the salary difference. Additionally, many academic roles offer paths to EB-1B (outstanding researcher) green cards.
It depends on whether you were ever counted against the cap. If your only H-1B employment has been with cap-exempt employers, you were never counted against the cap and would need to enter the lottery to move to a cap-subject private employer. If you previously held cap-subject H-1B status (e.g., won the lottery before), you can return to cap-subject employment without a new lottery entry, as long as you're within your 6-year H-1B period.