For many skilled foreign professionals, the H-1B visa lottery can feel like a game of chance with unfavorable odds. With only 65,000 regular H-1B visas available annually, plus an additional 20,000 for those with U.S. master’s degrees, the competition is strong. In the most recent cycle, only about 30% of eligible registrants were selected, leaving thousands of qualified candidates without a visa. If you find yourself in this position, don’t lose hope—you may have other options: one of which is cap-exempt H-1Bs.
What is a Cap-Exempt H-1B?
A cap-exempt H-1B visa allows qualified foreign workers to bypass the annual lottery and secure employment in the U.S. without being subject to the numerical cap. These visas are available year-round and provide a great alternative for those who were not selected in the lottery.
Who Qualifies for Cap-Exempt Status?
To qualify, an H-1B petitioner must be employed by a cap-exempt institution. These include:
- Institutions of Higher Education – Accredited, nonprofit colleges and universities that offer degree-granting programs.
- Nonprofits Related to or Affiliated with an Institution of Higher Education – Organizations with a formal connection to a university, such as medical research institutions, teaching hospitals, and certain school systems.
- Nonprofit or Government Research Organizations – Entities engaged in basic or applied research in science, social sciences, or humanities.
Benefits of Cap-Exempt H-1Bs
- No Lottery: Applications can be filed at any time without worrying about annual caps.
- Increased Job Flexibility: Beneficiaries can transfer between cap-exempt employers or even work concurrently for both cap-exempt and cap-subject employers.
- Concurrent H-1Bs: A concurrent H-1B allows a worker to hold two H-1B jobs at the same time—one with a cap-exempt employer (like a university or nonprofit) and one with a cap-subject employer—without needing to go through the lottery again.
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- Global EIR (Entrepreneur in Residence) partners with universities to host international founders in entrepreneurial roles, allowing them to obtain cap-exempt H-1Bs while building their startups. Global Detroit is an example of a Global EIR program that supports immigrant entrepreneurs through Michigan university partnerships.
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- Open Avenues Foundation connects international professionals with part-time teaching roles at U.S. universities. Through these academic appointments, participants can receive cap-exempt H-1B visas while simultaneously working for private sector companies under a concurrent H-1B.
Key Considerations
While cap-exempt H-1Bs offer flexibility, they still adhere to the general H-1B requirements, including:
- The position must be a specialty occupation, requiring at least a bachelor’s degree in a related field.
- The applicant must possess the necessary degree.
- The employer must pay the prevailing wage for the occupation in the work location.
Conclusion
If you were not selected in the H-1B lottery, exploring cap-exempt opportunities could be another option for you. Institutions of higher education, affiliated nonprofits, and research organizations offer an alternative route to securing H-1B status and advancing your career in the U.S.
If you have questions or need help navigating the H-1B process, McEntee Law Group is here to help. Contact us today to explore your options! Email us at info@mcenteelaw.com or call us at (773) 828-9544.
