Glossary · Concepts & rules
Cap-exempt employer
Universities, nonprofit research orgs, governmental research orgs, and affiliated nonprofits — file H-1B any day, no lottery, no $100K supplemental fee.
Defined at 8 USC §1184(g)(5). Four categories: (1) institutions of higher education, (2) nonprofit research organizations, (3) governmental research organizations, (4) nonprofit entities related to or affiliated with #1 (most teaching hospitals). USCIS does NOT publish a list — eligibility is case-by-case per petition. Once you hold a cap-exempt H-1B you carry the exemption forward; any future employer can hire you without lottery. See our /cap-exempt-employers database for 75+ vetted sponsors.
Sources & official references
- 8 USC §1184(g)(5)— Cap exemption: H-1B numerical limitation does not apply to petitions filed by or for institutions of higher education, related/affiliated nonprofits, or nonprofit/governmental research organizations.
- 8 CFR 214.2(h)(19)— H-1B cap exemption for institutions of higher education, nonprofit entities affiliated with such institutions, and nonprofit/governmental research organizations.
- DOL Fact Sheet 62Q
Related terms
H-1B
Specialty-occupation work visa. Initial term 3 years, extendable to 6 (and beyond, with mature I-140).
Concurrent H-1B
Holding two H-1B petitions simultaneously with different employers. The 'insurance' play for currently-employed workers.
$100,000 H-1B supplemental fee (Sept 2025 proclamation)
Presidential proclamation creating a $100K fee on certain new H-1B petitions. Does NOT apply to transfers/extensions.
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