What is the H-1B cap-exempt category?

Employer
January 01, 2026
971 views

Answer

Cap-exempt H-1B doesn't count toward 85,000 cap:

  • For employers that are institutions of higher education
  • Nonprofit research organizations affiliated with universities
  • Government research organizations
  • Can file anytime (not just April)
  • No lottery, direct processing

Benefits: No cap competition, faster processing, can start anytime. Many universities and research labs are cap-exempt.

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