Argonne, Oak Ridge, Lawrence Berkeley, Sandia, NIH, and CDC can sponsor H-1B year-round with no lottery and no $100K fee for in-country hires.
National research laboratories and federal health agencies are cap-exempt H-1B employers — they can petition for visas year-round without going through the lottery. For researchers, scientists, and specialized engineers, these institutions offer the most predictable path to H-1B status in 2026. This guide covers the major cap-exempt federal research employers, their application processes, and the roles they sponsor.
| Institution | Typical Filings | Focus |
|---|---|---|
| Argonne National Lab | ~280/year | Physics, computing |
| Oak Ridge National Lab | ~340/year | Supercomputing, energy |
| Lawrence Berkeley | ~220/year | Biosciences, materials |
| Sandia National Labs | ~180/year | Nuclear, security |
| NIH | ~620/year | Biomedical research |
| CDC | ~140/year | Epidemiology, public health |
Information Gain: Most cap-exempt national labs are operated by private contractors (UChicago Argonne LLC, UT-Battelle, Triad National Security) rather than the federal government directly. H-1B petitions are filed under the contractor entity but retain cap-exempt status because the work is performed at or for a qualifying federal research institution. This structure is often misunderstood by candidates searching for federal agency sponsors.
Pro Tip: Cap-exempt status travels with the job, not the employer. A researcher at a private company can work concurrently for a cap-exempt research institution and receive a second H-1B through the cap-exempt entity, even without initial lottery selection. This concurrent H-1B strategy is legal and increasingly common.
Cap-exempt petitions follow the same Form I-129 process as cap-subject petitions but can be filed any time of year. There is no registration window and no lottery. Employers initiate the petition after extending an offer.
Security clearance requirements at Sandia, Oak Ridge, and Lawrence Livermore can extend hiring timelines beyond the H-1B process. Non-classified positions proceed faster.
Most national lab roles require a PhD in physics, chemistry, computer science, biology, or engineering. NIH and CDC also accept MD, MPH, and related degrees.
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Search H-1B Sponsors on Wisa →Major cap-exempt federal research labs include Argonne, Oak Ridge, Lawrence Berkeley, Lawrence Livermore, Sandia, Los Alamos, Brookhaven, Pacific Northwest, NIH, CDC, NASA centers, and NIST. All file H-1B petitions year-round with no lottery requirement under section 214(g)(5).
No. The $100K fee applies only to consular processing cases. Cap-exempt petitions filed as change of status for candidates already in the US are fully exempt. For overseas hires, the $100K fee still applies to consular processing even at cap-exempt employers.
Most national lab research roles require a PhD in physics, chemistry, computer science, biology, materials science, or engineering. NIH and CDC also accept MD, MPH, DDS, and PharmD degrees. Postdoctoral fellowships typically require the PhD completed within the last 5 years.
Yes. Concurrent H-1B employment is legal. A researcher can hold a cap-exempt H-1B at a national lab while also working under a cap-subject H-1B at a private employer. This concurrent strategy allows workers who missed the lottery to still enter the US via the cap-exempt route.