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Cap-exempt employers can file H-1B petitions any day of the year— no lottery, no $100K supplemental fee timing pressure. The pathway is in8 USC §1184(g)(5)but USCIS doesn’t publish a list. We’ve curated one.
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Universities
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Nonprofit research
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Government research
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Most laid-off H-1B workers race against a 60-day clock to find a new cap-counted employer who can file H-1B during the lottery window. Cap-exempt employers don’t need the lottery. They can file the day you accept the offer, get a receipt notice, and you can start work the same day under H-1B portability.
You can hold a primary H-1B AND a concurrent H-1B at a cap-exempt employer simultaneously — even part-time, even 5 hours/week. If you get laid off from your primary, the cap-exempt H-1B keeps you in status. No 60-day clock. And you’re now cap-exempt for any future employer to hire without the lottery.
University and nonprofit-research salaries typically run 20-40% below private-sector tech. Math the trade-off: a 30% pay cut for 2-3 years while you secure the green card may beat losing your priority date + departure costs ($15K-$40K) + severance forfeiture. Many Indian-born I-140 holders make this trade.
Phase 1 (live now): 0 hand-curated employers across the four cap-exempt categories under 8 USC §1184(g)(5). Selected for clear cap-exempt eligibility signal + documented historical H-1B activity. The H-1B approval counts shown on each card are estimates pending verified USCIS Data Hub figures— they power the rough activity ranking but should not be relied on for exact numbers.
Phase 2 (in progress):we’re building a data pipeline that cross-references IPEDS, the USCIS H-1B Employer Data Hub, DOL OFLC LCA disclosure data, and IRS 990 affiliation records to grow this to 4,000+ verified entries with refreshed H-1B activity each quarter.
Eligibility under 8 USC §1184(g)(5) is ultimately case-by-case per petition — this list is your starting point, not legal certainty. Spot a missing employer, or have data we should know about? Tell us. Information-only, not legal advice.
This is an information-only tool, not legal advice. You are responsible for your decisions. When in doubt, consult an immigration attorney.