Skip to main content
H1B Visa Support
How to Get an H1B Visa to Work in the USA
H1B Job Search
H1B Visa Forum
H1B Sponsors 2011 - New Update for H1B Sponsoring Companies Who Can File H1B Work Visas in 2011
H1B Qualification
H1B Professions
H1B Visa Quota
H1B Visa Fees  and Costs
H1B Visa Process
H1B Visa Application and Filing
H1B Status Check
H1B Transfers
H1B Extension
H1B Cap-Exempt
Multiple H1B's
H4 to H1B Visa
H1B Visa Frequently Asked Questions
H1B Visa Trivia
USA Business Culture
US Immigration Terms
Ask Questions

H1B 'Cap-Exempt' Visas Explained 

Unlimited in number and can be applied for and filed all year round. 


Every year, most people focus their attention and efforts solely on the Regular and the ADE H1B visa quotas.

However, there is another 'non-quota' restricted way to obtain H1B visas that most people are unaware of, or forget about amid the flurry and hype over the Regular quota.

Cap-exempt H1B's are unlimited in number and can be applied for all year round. This is a way that Thousands of people continue to find H1B Jobs and can apply for, obtain their H1B visa and start work in the
USA at any time of year. 

Unlike the Regular and ADE H1B visa quotas:

            cap-exempt has No annual numerical limit

            cap-exempt has No set filing dates

           cap-exempt has No set employment start dates

This means that cap-exempt H1B's can be applied for at any time of year AND as soon the application has been approved you can start work immediately.   



* the H1B "cap" is the quota / number of H1B visas that are available each year.

The "cap exempt" provision of the H1B visa program allows certain
US companies and organizations to employ an unlimited number of H1B workers and apply for H1B's at any time of year (see below for more details).


Cap exempt H1B's are available for ALL types of H1B jobs and positions.

This is a great way to find sponsorship jobs and apply for H1B visas all year round.

Cap-exempt is a great way to get your foot in the door and get your first H1B.

Cap exempt is a great way to beat the rush for the Regular quota. 

Once you have an H1B you can then transfer it to a new employer.

Cap-exempt is not quota limited or restricted the same way as the regular H1B quota. 

This way you can file for H1B's and start work in the USA at any time of year. 

All types of jobs and positions are available for cap-exempt H1B visas.



Certain types of US organizations and H1B sponsorship jobs are ?exempt' from the regular annual quota.

Cap-Exempt Petitions:

The USCIS states that petitions (applications) for new H1B employment are exempt from the cap if the applicant will work at the defined institutions of higher education or a related or affiliated nonprofit entities, or at nonprofit research organizations or governmental research organizations. Thus, employers may continue to file petitions for these exempt H1B categories regardless of H1B visa number availability. 

Current H1B Workers:

Petitions filed on behalf of current H1B workers do not count towards the congressionally mandated H1B cap. Accordingly, this rule does not affect USCIS processing of petitions filed to:

           Extend the amount of time a current H1B worker may remain in the United States ;

           Change the terms of employment for current H1B workers;

           Allow current H1B workers to change from one cap-subject position to a different cap-subject position with a different employer; or

           Allow current H1B workers to work concurrently in a second H1B position.   


* see below for the types of jobs available within non profits and Universities




What types of H1B Jobs are available within Universities and Colleges ?

A common myth is that you have to be a lecturer or teacher to get a job at a University. This is NOT true - think of a University as a business - they have IT departments, they have finance departments - they have most of the same type of departments as a typical business has. This means all types of jobs are typically available within Universities, and Universities are typically great places to work with great benefits.

* Many Universities also have large medical centers (hospitals) and employ thousands of people in all types of healthcare and medical jobs / professions. 

What types of H1B Jobs are available within non-profit Organizations ?

Non profits organizations are varied and in their business nature and markets - Non profits have all types of business departments (IT, finance, marketing, sales etc etc - and All types and levels of jobs are typically available. 


H1B Visa: H1B News, H1B Jobs, H1B Sponsor Companies, H1B Quota, H1B Cap, H1B Requirements, H1B Jobs Search, H1B Sponsorship, H1B Employers, H1B Transfers, H1B Processing, H1B Status, H1B Application, H1B Fees, Work in USA, H1B Reviews
Site Terms, Conditions and Disclaimer

Copyright 2004 - Present. H1B Visa.Info. All Rights Reserved is an independent site and is Not affiliated with the U.S. Government.
Our mission is to help immigrants through the complex United States immigration system with a specialization in the H1B Visa Work Program.
All information and services provided on this site are provided as-is, and openly available to people of all national origin and citizenship  
We are dedicated to providing current information and resources to assist in obtaining United States Visas, Green Cards and Citizenship.