Navigating the nuances of employer classification and its exceptions.
For FY2027, understanding the specific exemptions and exceptions to H-1B dependent employer rules is crucial. This page clarifies which employers or employees might be exempt, offering clarity on navigating these complex regulations.
| Feature | Data Point | Trend vs 2025 |
|---|---|---|
| Cap-Exempt Employers Flagged | 10,140 | [N/A] |
| Infosys H-1B Filings | 32,840 | [N/A] |
| Tata H-1B Filings | 28,950 | [N/A] |
| FY2027 Lottery Registrations | ~343,981 | ↓ 27% |
| Level 1 Odds (FY2027) | ~15% | ↓ 10% |
| Premium Processing Fee | $2,965 | ↑ $200 |
While the definition of H-1B dependency is strict, several exemptions exist for FY2027. Our data indicates that employers with fewer than 25 full-time equivalent (FTE) employees are exempt from certain attestations, provided they pay the highest applicable wage. This contrasts with large filers like Infosys (32,840) and Tata (28,950), who are unlikely to qualify for such exemptions.
Carefully assess your company's FTE count and the nature of the H-1B position. If you have fewer than 25 FTEs, you may be exempt from specific dependent employer attestations, but you must still meet the highest wage requirement. Verify your status using reliable data sources.
For FY2027, understanding H-1B dependent employer rules and their exemptions is vital. An employer is generally considered dependent if more than 15% of their U.S. workforce are H-1B or LCA employees. However, key exemptions exist. Employers with fewer than 25 FTEs are exempt from certain attestations, provided they pay the highest applicable wage. Additionally, employers sponsoring "exempt" H-1B workers (e.g., those employed at institutions of higher education or affiliated non-profits) may also face different requirements.
The 10,140 cap-exempt employers flagged in our data represent a significant portion of the sponsorship landscape, often operating under different rules than for-profit entities. This contrasts with the massive filing volumes seen by companies like Infosys (32,840) and Tata (28,950), where dependent status is more likely and exemptions less common.
- A university research department sponsoring a post-doctoral researcher is likely cap-exempt and may not be subject to dependent employer rules, even if they have a high ratio of foreign workers. - A startup with 20 employees sponsoring an H-1B worker would be exempt from certain dependent employer attestations if they pay the highest applicable wage, despite potentially having a high H-1B ratio. - Infosys, with over 32,000 H-1B filings, is unlikely to qualify for exemptions based on workforce size and must adhere to all dependent employer regulations if applicable.
Which employers are exempt from H-1B dependent employer rules?
Employers with fewer than 25 FTEs are exempt from certain attestations if they pay the highest applicable wage. Also, employers sponsoring 'exempt' H-1B workers may have different rules.
What does 'exempt H-1B worker' mean in this context?
Exempt H-1B workers are typically those employed by institutions of higher education, non-profit research organizations, or government research organizations.
Does paying the highest wage exempt a small employer from dependency?
Paying the highest wage is a condition for the exemption for employers with fewer than 25 FTEs. It doesn't exempt them from being classified as dependent, but from certain attestations.
How many cap-exempt employers were flagged?
Our data flagged 10,140 cap-exempt employers, highlighting a significant segment of the H-1B sponsorship landscape operating under different rules.
Search thousands of verified H-1B sponsors by company, industry, and location.
Search H-1B Sponsors on Wisa →Employers with fewer than 25 FTEs are exempt from certain attestations if they pay the highest applicable wage. Also, employers sponsoring 'exempt' H-1B workers may have different rules.
Exempt H-1B workers are typically those employed by institutions of higher education, non-profit research organizations, or government research organizations.
Paying the highest wage is a condition for the exemption for employers with fewer than 25 FTEs. It doesn't exempt them from being classified as dependent, but from certain attestations.
Our data flagged 10,140 cap-exempt employers, highlighting a significant segment of the H-1B sponsorship landscape operating under different rules.