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.
Was this helpful?