Cap‑exempt H‑1B petitions are a lifeline for schools, universities, and qualifying nonprofit or research entities. Unlike cap‑subject H‑1Bs, these can be filed year‑round and are not limited by the annual lottery. They still require a specialty occupation, the beneficiary’s qualifications, and compliance with Labor Condition Application (LCA) rules.
Who is cap‑exempt? Institutions of higher education, nonprofit entities related to oraffiliated with them, and nonprofit or governmental research organizations. Certain third‑party placements at qualifying institutions may also qualify when affiliation is properly documented.
Strategy: Cap‑exempt employment can create bridges—concurrent H‑1B with a cap‑subject employer, or transitions that preserve status while pursuing permanent residence. Compliance remains critical: wage levels, work locations, and material changes require updated filings.
For talent‑hungry institutions and mission‑driven nonprofits, cap‑exempt H‑1Bs offer flexibility without the lottery’s uncertainty.
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