No lottery required, no $100K fee for change-of-status hires, year-round filing — the complete guide to cap-exempt employers
Cap-exempt H-1B sponsors are employers that can file H-1B petitions without going through the annual lottery. This includes institutions of higher education, nonprofit research organizations, and governmental research organizations. In 2026, with lottery odds at 35.3% overall (and just 15% for Level 1 wages), cap-exempt employers represent the most reliable path to H-1B status. Additionally, cap-exempt employers filing change of status petitions are EXEMPT from the new $100K fee.
Quick Answer: Cap-exempt employers include universities, teaching hospitals affiliated with universities, nonprofit research organizations, and government research entities. They can file H-1B petitions year-round with no lottery, no cap limit, and no $100K fee for change-of-status hires. Over 4,000 institutions qualify. Search Wisa to find them.
| Institution | H-1B Filings | Type |
|---|---|---|
| Johns Hopkins University | 3,200 | University + Hospital |
| Harvard University | 2,800 | University |
| Stanford University | 2,400 | University + Hospital |
| Mayo Clinic | 2,100 | Nonprofit Hospital/Research |
| MIT | 1,900 | University |
| Cleveland Clinic | 1,800 | Nonprofit Hospital/Research |
| University of Michigan | 1,700 | University + Hospital |
| University of Pennsylvania | 1,650 | University + Hospital |
| Columbia University | 1,500 | University + Hospital |
| University of Washington | 1,500 | University + Hospital |
With the FY2027 wage-weighted lottery giving Level 1 wages just a 15% selection chance, cap-exempt employers have become dramatically more important. University and hospital positions often pay at Level 1 or Level 2 — wages that face the steepest odds in the new lottery system. But because cap-exempt petitions bypass the lottery entirely, wage level is irrelevant. A postdoc earning $55,000 at a university gets the same guaranteed H-1B as a surgeon earning $400,000 at a teaching hospital.
The $100K fee exemption adds another major advantage. For employers with 50+ employees and 50%+ H-1B/L-1 workforce, each consular processing petition now costs $100,000 extra. But cap-exempt employers filing change of status (COS) petitions are entirely exempt from this fee. Even when cap-exempt employers file consular processing petitions, the $100K fee applies only if the employer meets the 50/50 threshold — which most universities and hospitals do not.
The concurrent employment strategy makes cap-exempt positions even more valuable. Once you hold H-1B status through a cap-exempt employer, a second cap-subject employer can file a concurrent H-1B petition without going through the lottery. This means a part-time university research position can serve as your gateway to full-time private sector employment — all without lottery risk or fee exposure.
Search Wisa for universities, hospitals, and research organizations that sponsor H-1B without the lottery.
Search Cap-Exempt Sponsors →Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Four categories qualify: (1) Institutions of higher education (universities, colleges), (2) Nonprofit organizations related to or affiliated with institutions of higher education, (3) Nonprofit research organizations, and (4) Governmental research organizations. Teaching hospitals affiliated with universities often qualify. Private hospitals generally do NOT qualify unless they are nonprofit research organizations or university-affiliated.
Cap-exempt employers filing change of status (COS) petitions are exempt from the $100K fee regardless of their employee demographics. For consular processing petitions, the fee applies only if the employer has 50+ employees with 50%+ H-1B/L-1 workers — which most universities and hospitals do not meet. In practice, cap-exempt employers almost never pay the $100K fee.
Yes, through concurrent employment. Once you hold H-1B status via a cap-exempt employer, a cap-subject (private) employer can file a concurrent H-1B petition for you — also exempt from the cap because you already hold H-1B status. You work for BOTH employers simultaneously. The key risk: if the cap-exempt position ends, the concurrent cap-subject H-1B becomes complicated.
Search Wisa for H-1B sponsors filtered by employer type. Look for universities, teaching hospitals, and research organizations in your area. Major metro areas typically have multiple cap-exempt options — for example, Boston has Harvard, MIT, Mass General, and dozens of research hospitals. Check if the employer is an accredited institution of higher education or a qualifying nonprofit research organization.